In the latest policy statement from USCIS, issued on July 21st, USCIS has modified their earlier statement on H-1B amnesty. Specifically, USCIS now states that if a person changed location before April 9, 2015 they are not required to file an amended H-1B Petition, and USCIS will generally not pursue a revocation or denial. If the person moved between April 9, 2015 and August 19, 2015 they have until January 15, 2016 to file an amended petition. After August 19, 2015, an amended petition must be filed before the H-1B employee changes location.

The most significant point is that, in most cases, USCIS will not impose consequences on H-1B beneficiaries who changed location before April 9, 2015. Because this statement does not guarantee the absence of consequences, we believe the more conservative approach is to file an amended H-1B petition notwithstanding this new directive. Individuals who changed location after April 9th and before August 19th have until January 15, 2016 to file amended petitions. Please note that an amended petition must now be filed before an H-1B changes locations.