Already a member? Sign in.

Username/Email:
Password:
 
  Not a member? Sign up now
Posted on 06 Aug 2009
Q.

H1 Query

In the H1 application filed for my wife, the employer 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 exempt 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".
And My wife doesn't have US Master Degree but has Indian Masters.The 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?

User's Location: Yonkers, New York, United States of America
Category: H1B Visa (Work Visa)
Posted on 06 Aug 2009
A.
Want to see the lawyer's answer? Become a member today!
 
 
 
   Already a paid member? Sign in now.
Got a specific question? Ask your question for only $19.95!
User_thumb_6_Photo_Andrew_Wilson

Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

Browse answers by topic

EMPLOYMENT-BASED GREEN CARD

H1B VISA (WORK VISA)

L1 VISA (WORK VISA)

F1 VISA (STUDENT VISA)

J1 VISA (STUDENT VISA)

B1 VISA (BUSINESS VISA)

B2 VISA (VISITOR VISA)

FAMILY-BASED GREEN CARD

K1 VISA (FIANCEE VISA, FIANCE VISA)

    K3 VISA (MARRIAGE VISA)

      US CITIZENSHIP AND NATURALIZATION

        GREEN CARD LOTTERY (DV LOTTERY)

          ALL OTHER US VISAS

          GENERAL IMMIGRATION

          Andrew M. Wilson's Answers on L1 Visa (Work Visa): L1 Visa
          User_thumb_6_Photo_Andrew_Wilson
          Andrew M. Wilson
          Immigration Lawyer
          300 Delaware Ave
          Buffalo, NY 14202
          (716) 854-7525
          www.srwlawyers.com
           2,095 answers
          Feedback from users:
          Satisfied 
           (297)
          Neutral 
           (31)
          Unsatisfied 
           (0)
           115 phone consultations
          Feedback from users:
          Excellent 
           (112)
          Good 
           (3)
          Average 
           (0)
          Poor 
           (0)
          Terrible 
           (0)
           100% Immigration Law
          Nonimmigrant Visas Adjustment of Status
          Employment-based Visas U.S. Citizenship
          Family-based Visas Labor Certification
          Green Cards Expedited Processing
          Reentry Permits Waivers
          AC21 NAFTA Applications
          H,L,F,J Visas Global Transfers