Matter of Simeio Solutions, LLC concerns the H-1B visa classification, a nonimmigrant category which permits a U.S. employer to employ a foreign national worker temporarily in a specialty occupation in the United States. The precedent decision stated that a U.S. employer must file an amended petition when a change in an H-1B worker’s worksite location requires a new Labor Condition Application (LCA). USCIS guidance released in May, 2015, made that process retroactive, requiring a new LCA and an amended H-1B petition for each worker whose location changed prior to the decision. USCIS set August 19, 2015, as the amended petition deadline for compliance.

In its final guidance issued July 21, 2015, USCIS changed that position. USCIS now states that it will generally not pursue adverse actions, solely based on an employer’s failure to file an amended petition, against employers whose H-1B employees moved to a new area of employment on or before April 9, 2015 (the date that Matter of Simeio Solutions, LLC was decided). Thus, a new LCA application and an amended petition is only required for a location change occurring after April 9, 2015.

In addition, the deadline of August 19, 2015, was moved to January 15, 2016. USCIS will consider an amended H-1B petition filed by the amended deadline to be timely. The precedent decision and policy guidance demonstrate the importance and complexity of this issue. Employers employing foreign workers in H-1B status should work with an experienced immigration attorney to ensure compliance.

As a prospective employee, you may be sponsored into the U.S. by multiple potential employers for a change of status. Multiple sponsors would increase one’s chances of success, in theory. But if multiple petitions are selected for the lottery and are approved, that individual now has multiple I-94s issued, all with the same start date of October 1. The employee may join the employer of his or her choosing, and must maintain that visa status. Concurrent employment should be discussed with an immigration attorney to ensure that there is correct filing with the USCIS.

If you are a prospective employee, your employer may have filled out an H-1B petition which requests a change of status for an L-1 status foreign national, or someone who is otherwise a nonimmigrant. The petition must be filed in April for a start date of October 1. You may not hear again from the prospective employer and assume that they H-1B petition was not approved, and then hear after the October 1 start date that it was approved when you receive a work request. This happens quite frequently. An employer may hold onto authorization for a variety of reasons, or communications go awry.

Unfortunately, if you fail to join the H-1B employer on the start date of October 1, it is considered a status violation. Additionally, work you perform for your L-1 employer after October 1 is considered unauthorized employment.

If an individual’s status has changed and they wish to continue in their prior status, they may be advised informally to leave the U.S. and then return to the U.S. in their preferred status. The general wisdom is that returning will cause an individual to be issued a new I-94 at their port of entry. However, there are numerous risks with this approach and the many issues that can occur during travel. It is strongly suggested that you or your employee consults with an experienced Houston immigration attorney before deciding that this will solve any visa status issues.

A. Banerjee is a Houston immigration attorney in Texas. Before selecting an lawyer, contact the Law Offices of Annie Banerjee by visiting their website at http://www.visatous.com.

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It’s no secret that 2012 was a really busy year for all things political. Busy and actually accomplishing something however, are two different things. As we all know, or are likely aware, not much was done with immigration reform, other than the deferred action legislation; a boon for Obama’s electoral results. So what is next? There are millions waiting on the other shoe to drop, to see if the White House takes action, instead of making promises they don’t keep.

This slight tone of skepticism is not to avoid applauding what did get done in 2012 as far as immigration reform. The government did so some stuff, but by and large, it was like trying to put together an enormous puzzle, only to find out pieces were missing.

What was done? Temporary protected status was extended to Haitians, young illegal immigrants got a temporary reprieve and the hot button 287(g) immigration enforcement policy was scaled down. A good start, but it only whetted the appetites of those wanting more, demanding more and deserving more. And not to put too fine a point on it, the little that was done did, in light of how the election turned out, act as a swift kick in the derriere for all political parties. They finally got the message from the electorate that either they all pull together as a team to deal with immigration reform, or they could kiss their party status and support goodbye.

When the election results had a chance to filter through the evident shock of the losing party’s rank and file and top executives, there were rumblings about needing soup to nuts immigration reform, with the emphasis on solving the whole issue in its entirety. While that might be a pipe dream, it does indicate the politicians are “getting it.” The thing is, immigration reform is not just about those who want into the U.S. It is also about those who already live here and want to become legal.

To this point, the government had patched up a few holes here and there, and like trying to plug a leaking dam, when one hole is patched, another rips open. It’s either fix the whole thing or keep trying to float the leaky dinghy. The good news is that there are finally some signs of intelligence in dealing with deportations. In December, ICE revamped their guidelines to only arrest high-priority illegals, individuals with a serious criminal record and repeat rabbits across the border. In fact, ICE has to fill out another new form that spells out why an arrest does meet those rules.

Other patches to the system happened over the year, but still, there was no sign of a complete reform package, as promised. And now? Now, Obama says it is time. Well then, when, what and how? Let’s wait and see what happens next.

Sally Odell – Rifkin & Fox-Isicoff, PA is an immigration lawyer in Miami with immigration law offices in Orlando and Miami Florida. To learn more, visit http://www.rifkinandfoxisicoff.com.