USCIS’s Final Guidance on When to File Amended H-1B Petitions

Please read this important update to our June 8, 2015 article When to File an Amended H-1B.

On July 21, 2015, USCIS issued “Final Guidance” regarding when an amended H-1B petition must be filed after a material change to an H-1B employee’s worksite.  The Final Guidance is: 

• Location change occurring before April 9, 2015: USCIS will not pursue adverse actions for location change without filing H-1B amendment;
• Location change between April 10, 2015 and August 18, 2015: an amended or petition must be filed by January 15, 2016; and
• Location change after August 18, 2015: an amended H-1B petition must be filed before the employee begins working at the new location.

USCIS also provided the following clarification:

• If an amended H-1B petition is denied, but the original petition is still valid, the employee may return to the original location; and
• If an amended H-1B petition is still pending, the petitioner may file another amended petition to allow the H-1B employee to change worksite locations immediately upon the latest filing. However, every amended or new H-1B petition must separately meet the requirements for H-1B classification. If an H-1B employee’s status has expired while successive amended H-1B petitions are pending, the denial of any petition will result in the denial of all successive requests to amend or extend status.