nlnarean Posted March 28, 2013 Report Posted March 28, 2013 The H1b filing worker in my company has filed LCA under masters degree category by mistake. Since there is no time to change LCA, Company is filing H1b with that LCA. Here the field "Is the beneficiary an h-1b nonimmigrant exempt from the dept. of labor attestation requirements" in I-129 is marked as YES. But the candidate is not eligible for exemption under either Masters degree or with Salary above 60K per annum. Will USCIS accept this application and raise query or they will reject the application? Your valuable comments are highly appreciated.
DontTakeRisks Posted March 28, 2013 Report Posted March 28, 2013 Why would you even want to risk it? Trying to dupe USCIS will not only lose your petitioning fee but you will also lose your worker. Your application will most likely get rejected.
JoeF Posted March 28, 2013 Report Posted March 28, 2013 The application would get rejected. A new LCA is needed.
rahul412 Posted March 28, 2013 Report Posted March 28, 2013 Will USCIS accept this application and raise query or they will reject the application? Your valuable comments are highly appreciated. First you will receive RFE requesting the proof of master's degree, then you won't submit that document because you won't have it. Finally, it will be rejected.
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.