From USCIS: On April 9, 2015, the precedent decision Matter of Simeio Solutions, LLC (Simeio)
was issued. This decision represents the USCIS position that H-1B
petitioners are required to file an amended or new petition before
placing an H-1B employee at a new place of employment not covered by an
existing, approved H-1B petition.
On May 21, 2015, USCIS issued
draft guidance on this topic and solicited public comment regarding the
implementation of Simeio.
After reviewing and carefully considering the
feedback submitted, USCIS is now issuing Policy
Memorandum 602-0120, USCIS Final Guidance on When to File an Amended or
New H-1B Petition After Matter of Simeio Solutions, LLC.
PM-602-0120
is effective immediately. Please note, while this final guidance
responds to many of the comments received, some suggestions and
inquiries were outside the scope of Simeio and, therefore, are not
addressed in this document.
USCIS will consider addressing those
remaining questions, as necessary, in the near future.
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