H4 coming to US after H1 transfer, Not applied for H1B ammendment

[chandrakanthshenoy]

Hi

Me (on H1B) and my dependents(H4) (Spouse+Child) travelled to US together. However my Customer Location has changed from NY to CT, Customer is the same. H1B Transfer application has been filed and I have been transferred to the New Location. I am still with the Same Employer.

My family had to travel to India for Emergency (family casualty) and they are returning back to US this month. I am yet to apply for amendment.

Dependents are having my H1 Petition Documents along with I-797 for the previous location and transfer memo documents,

Will they have issues at the Port Of Entry interview questions? Do they need to carry any additional documents?

I will be applying for the Amendment once they join me here in US.

Please advice.

[shervin143]

You need to be more clear. What do you mean by filing an H1B trasfer? Have you filed a petition to work for a new employer? You also mentioned that the amendment is not yet filed. Just to make it clear, are you saying that the employer hasn't filed a new LCA and H1B amendment for the new work location?

[chandrakanthshenoy]

HI

Same Employer.

My H1B petition for initially for NY. However the location has been changed to CT.

Employer has filed New LCA for CT, for the transfer of location and I have these documents for the transfer, along with the New LCA.

By H1B Transfer I meant, there has been change of Location for me.

As well, I had read on the forum stating, if there is a change of Location, the H1B petition would need amendment.

My dependents were required to go to India for emergency and need to travel back to Join me now.

I have not yet applied for the H1B Petition amendment.

Will this cause any issue for them at POE?

Thanks.

[shervin143]

Well, when you change the work location, the employer need to file a new LCA (which was already done in your case). Upon approval of the new LCA, the employer will need to file the H1B amendment. Your family exiting the country will not have any impact. However, before they return, your H1B amendment need to eb filed. It is okay if the amendment is pending by the time they retunr back. They will need to carry your latest H1B approval notice and copy of the amendment receipt notice filed with USCIS. It is advisable they also carry a copy of your new LCA and I-129 for H1B amendment.

[chandrakanthshenoy]

Hi

As there was not sufficient time, could not apply for the amendment, also, if the amendment is applied now, my dependents would not be able to join me now.

So can I wait till they join me here in US, and once they arrive here, I apply for the amendment.

thanks.

[shervin143]

As there was not sufficient time, could not apply for the amendment, also, if the amendment is applied now, my dependents would not be able to join me now.
>>> I am not sure what you are trying to say here. Like i mentioned, the approval for the amendment is not required. Just the receipt notice confirming that the amendment is filed is good enough.

So can I wait till they join me here in US, and once they arrive here, I apply for the amendment.
>>> If USCIS figures out that you are no longer working at the approved work location and you have moved to a different location and the amendment is not filed yet, then they can revoke your petition. Your dependents can face issues at the POE. Whether to take that risk or not is totally up to you.

Check the below link.
https://www.immihelp.com/h1b-petition-amendment/