H-1B Amendments Archives • Kidambi & Associates, P.C.

When Not to File an Amended H-1B Petition

kidambil2022-08-03T15:14:15+00:00Aug 3, 2022|

In May 2015, the USCIS issued draft guidance following a precedent decision in Matter or Simeio Solutions, LLC (26 I&N Dec. 542 (AAO 2015)) on when to file amended H-1B petitions. However, in 2020 following the IT Serve Alliance case, the USCIS entered into a settlement agreement where it agreed to set aside certain policies [...]

Simeio Solutions, LLC – USCIS Attempts to define “Material Change” in the H-1B Context

kidambilaw2015-04-20T13:18:54+00:00Apr 20, 2015|

“Material change” has been a prickly issue in the H-1B context. The USCIS has been grappling with it for years. As far as back as 1988, where materiality was defined in the context of Naturalization, the legacy INS dealt with it in Kungys v. United States, 485 U.S. 759, 770-72 (1988). In the above cited [...]