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H1b Query...... Plz help!!!!

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  • H1b Query...... Plz help!!!!

    In the application filed, I received a query stating "Labor Condition Application is marked to indicate you are an exempt HIB dependent for the beneficiary based on the existence of masters degree from the United States. Please confirm your claim that you are an expemt for this beneficiary. If no United States masters degree exists for this beneficiary, the LCA is not valid and may require a withdrawal of the current petition and filing of a new petition with a new LCA that adhers to Labor Department's requirement for H1B dependents".

    My Employer wants to reply that this was a clerical mistake..... Is this right? or should he file a new petition.

    Can I file another petition if this petition is rejected?

  • #2
    Clerical mistake - Rejection.

    They should file a new application as it is clearly not approvable.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.