H1B amendment concerns

[gsxr143]

HI All

I changed my job location after April 9th and before August 19th.. As per the new rule, I believe I have time till Jan 2016 to file for the new amendment.. Meanwhile I want to change my job and so applying for a H1B transfer, which means a new petition and will be working with my new employer from September 1st with the new H1B visa..

this is the link i found for the new rule..

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/2015-0721_Simeio_Solutions_Transition_Guidance_Memo_Format_7_21_15.pdf

Question do I still have to apply for a H1B Amendment with my old employer?

I m tending to believe I don't need to since I have deadline till Jan 2016 and I m applying for H1B transfer before that.. Please clarify..

Thanks in advance for any replies..

[gsxr143]

relavant Text from the Rule, please read and suggest if my interpretation is right?

---
If by January 15, 2016 (deadline for filing) a petitioner does not file an amended or new
petition for an H-1B employee who moved to a new place of employment (not covered
by an existing, approved H-1B petition) after the date of publication of Matter of Simeio
Solutions, LLC (April 9, 2015) but before August 19, 2015, the petitioner will be out of
compliance with DHS regulations and the USCIS interpretation of the law, and thus
subject to adverse action. Similarly, the petitioner’s H-1B employee will not be
maintaining nonimmigrant status and will also be subject to adverse action.
--
--
After April 9, 2015 but prior to August 19,
2015:
The petitioner must file an amended or new
petition by January 15, 2016. USCIS will
consider filings prior to the deadline for this
safe harbor period to be timely for purposes
of the regulation. However, if the petitioner
does not file the amended or new petition
within the time permitted, the petitioner will
be out of compliance with DHS regulations.
The petitioner’s current Form I-129, Petition
for a Nonimmigrant Worker, H-1B petition
approval will be subject to a notice of intent to
revoke and the employee may be found to not
be maintaining his or her H-1B status.
If the petitioner has received a notice of intent
to revoke a petition and the response period
has not ended, filing an amended or new
petition now and providing evidence of that
filing prior to the response deadline may avert
a revocation. This is only if there are no other
grounds for the revocation except the failure
to file an amended or new petition for a
change to a place of employment not covered
by an existing, approved H-1B petition.
If the petitioner has received a request for
evidence or a notice of intent to deny a
petition based on a failure to file an amended
petition, USCIS may consider the current,
pending petition under review to satisfy the
safe harbor filing requirement if it included, at
the time of filing, a copy of the certified LCA
covering the beneficiary’s current work
location.
In these cases, please ensure petitioners
provide a copy of this guidance with their
response, an explanation that their current
petitions satisfy the safe harbor filing
requirement for an amended or new petition,
and any other evidence requested before the
expiration of the response deadline.
As noted above, a petitioner may not amend a
pending petition in response to a request for
evidence or a notice of intent to deny. In the
event there are material changes after the
filing of a petition, the petitioner must
immediately file an amended or new petition
to reflect those changes.

[kabkaba]

Your old employer does not need to file the amendment, but it is up to them to decide. It will not matter to you if the new employer's petition gets approved.