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DOS’ New Guidance Post AAO Decision in Matter of Simeio, Posted Dec 24, 2015

When an Amended or New Petition is Required 

The petitioner must file an amended or new H-1B petition if the H-1B employee is changing his or her place of employment to a new geographical area. The place of employment is defined as the worksite or physical location where the work is actually performed by the H-1B nonimmigrant. Geographical area means the area within normal commuting distance of the place of employment or within the same Metropolitan Statistical Area.


Once a petitioner properly files the amended or new H-1B petition,the H-1B employee can immediately begin to work at the new place of employment.The petitioner does not have to wait for a final decision on the amended or new petition.


When an Amendedor New Petition is NOT Required

If there are no other material changes in the terms and conditions of the H-1B worker's employment, petitioners are not required to file amendedpetitions for

  •  Movement of an employee's place of employment within the same geographical area;

  • Short-term placements of up to 30 days, or in some cases upto 60 days (where the employee is still based at the "home" worksite) or less, or

  • "Non-worksite" locations. A location is considered a non-worksite if the employee is attending training or a conference, the employee spends little time at any one location, or the job involves short periods of travel to other locations on a casual short term basis.

information provided here is of general nature and should not be constructed as legal advice.matters in personal historyor a perticular situation may affect eligibility to recive immigration benfits in a perticular situation.Information is updated peroidically and may not be current at all time.