- Change of location prior to April 9, 2015. Any change in location that occurred prior to April 9, 2015 (date of AAO decision) will NOT require an amendment. USCIS will not pursue any new adverse actions (e.g., denials or revocations) solely based upon a failure to file an amended or new petition regarding such moves after July 21, 2015. Any adverse action already commenced however has to be addressed. However, if the employer so chooses, an amendment can be filed by January 15, 2016.
- Change of location between April 9, 2015 and August 19, 2015. For any change between April 9, 2015 and August 19, 2015, the employer MUST file an amended petition. USCIS has provided time until January 15, 2016 to file and get in compliance with the regulations and USCIS intepretation of the regulations.
- Change after August 19, 2015. An amendment has to be filed before the employee starts working in the new place of employment.
In addition, USCIS has also provided clarifications on the impact of travel, multiple change in locations, denial of amendment etc. Please contact Sikal & Associates for further guidance on this.