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H1B Transfer memo to be replaced by amendment

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  • H1B Transfer memo to be replaced by amendment

    My H1 was filed for Client A and location X, it was stamped, then a new LCA was procured for the same client with location Y and I was provided with a Transfer Memo approved by Department of Labor which is valid till Nov-2013. I traveled to US with this Transfer Memo.

    Few months back, I got an email from my employer that as per USCIS regulation Transfer Memo is no more valid and I need to go for an Amendment. I am travelling to India next month and will be returning back after few weeks. I am planning to file for an Amendment after I am back to US.

    I want to be sure there should not be any problem at the Port of Entry.
    My Petition is valid till Sep2013. Do you think, it will safe to travel back and there will not be issues at the Port of Entry? Thanks for your reply.

  • #2
    It is your employer who needs to file the amendment and they should do it asap. It should not affect your travel.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      It is your employer who needs to file the amendment and they should do it asap. It should not affect your travel.
      Thank you so much Kabkaba for your reply!

      In the worst case what will happen if the amendment is not raised now? Will I have issues in Port of Entry?
      Can I raise the amendment once I am back from my vacation?

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