How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28936
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith Ludwic is online now
A new question is answered every 9 seconds

I am employed in New Jersey through Larsen and Tubro.. What

Customer Question

Hi
JA: Hello. What is your issue regarding?
Customer: I am employed in New Jersey through Larsen and Tubro..
JA: The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: What is ur name?
JA: Pearl Wilson.
Customer: I need assistance in understanding H1 AMendment denial
JA: Please give me a bit more information, so we can help you best.
Customer: I moved from NEw JErsey to COsta Mesa for a new client I am employed by LNT corporation
JA: Is there anything else important you think the Immigration Lawyer should know?
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
I joined Larsen and Toubro as a full time employee and was working with Citi Bank Client. I worked there for 4 months , then moved on a new client Ingram Micro Inc once Amendment is filed. Now Amendment has gone in RFE. I have few questions
a) What is the generic reason for Amendment ?
b) Can I withdraw the case once it goes to RFE?
c) If Amendment got denied , will my old petition is still valid or is it invalid?
d) Can I transfer my visa while amendment is in process?
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

a) What is the generic reason for Amendment ?

There is no generic reason for Amendment.

An Amendment needs to be filed for any petition where there has been a material change. Material change most often occurs when there is a change in location which is when you are assigned to work in an area outside the Metropolitan Statistical Area (MSA) of the original Labor Condition Application.
b) Can I withdraw the case once it goes to RFE?

Yes, you would have to immediately return to the original client or at minimum the original MSA.
c) If Amendment got denied , will my old petition is still valid or is it invalid?

Yes, the original petition is not revoked with a denial of an amendment.
d) Can I transfer my visa while amendment is in process?

If your I-94 is still valid and you have evidence of your employer filing the amendment prior to your going on the payroll at the new location, yes, a petition for change of employer can be filed.

You are still in valid H1B status as long as you have payroll history and proof of the amendment being filed before you began employment in the new location.

You should have a paper trail to prove this easily enough.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith Ludwic replied 1 year ago.

Your patience is appreciated. We work with more than one customer at a time and have to take questions in order of them coming onto the board.

Additionally I had to find the appropriate category you would claim under #16

You may file with a pending I-821.

You will file form I-765 and in number 16 you will enter (c)(19)

(c)(19). A category (a)(12) EAD is issued to an individual granted TPS under 8 CFR 244. A category (c)(19) EAD is a temporary treatment benefit under TPS pursuant to 8 CFR 244.5.

To request an EAD based on TPS, file Form I-765 with Form I-821, or with evidence that your initial Form I-821 was accepted or approved. Include evidence of nationality and identity as required by the Form I-821 instructions. If you are requesting extension of TPS status, also include a copy (front and back) of your last available TPS document: EAD, Form I-94, or approval notice.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith