H1 Query..Please Help!!!

[raj_ky]

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?

[roseball]

Originally Posted by raj_ky

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?

Just saying its a clerical issue wont be sufficient. It might help if your employer attaches a new LCA along with the RFE reply. Worst case, you have to withdraw and file again with the correct/new LCA. If this is a fresh H1, then you are lucky in the sense that the quota is still open and you can refile without having to wait for another year.