H1 Query..Please Help!!!

[raj_ky]

In the H1 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?

 

[ginnu]

In the H1 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?
-----------------How you can file? only US employer can file.

Your employer should contact a good Lawyer. USCIS at this time is rejecting many new H1, H1 extensions, and H1 transfers and asking RFE for many documents. If you have Master degree from US then employer can reply. If you don’t have Master degree from US it means the employer provided wrong info and USCIS want to know what they asked in RFE. Employer should go to good lawyer.