New LCA, while H1-B Petition in RFE


Shravz23

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Posted

Hi,

My H1-B is picked in lottery FY 2018.Couple of days back I received RFE on my LCA. As it was filed with 'wage level 1', USCIS is asking for further justification on roles and responsibilities. My Employer has suggested for new LCA with higher wage level and more complex responsibilities. Is that possible when my petition is in RFE?

Posted

Your attorney should answer this. Filing a new LCA might not be a great idea. Your LCA should have existed at the time of filing the H-1B petition. If a new LCA with a September date is filed, it could lead to a reject.

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