H1 Visa rejected!! Pls advice

D

d123

Registered Users (C)
My friend's H1 visa was rejected at Chennai consulate becuase the employer filled wrong degree under labor approval document. Instead of Mechanical engineering they put Computer Information Systems. He has about 6 years of IT experience. But on all other document it is MEchanical engineering. This is his first H1. Immigration officer took all the documents including I-797 and I-129 petition documents with him and mentioned that he'll be returning them to USCIS. As per the letter he receieved from the consulate, Visa is refused as per section 221(g).

What is he suppose to do now? Please advice.

thanks a lot in advance.
 
d123 said:
My friend's H1 visa was rejected at Chennai consulate becuase the employer filled wrong degree under labor approval document. Instead of Mechanical engineering they put Computer Information Systems. He has about 6 years of IT experience. But on all other document it is MEchanical engineering. This is his first H1. Immigration officer took all the documents including I-797 and I-129 petition documents with him and mentioned that he'll be returning them to USCIS. As per the letter he receieved from the consulate, Visa is refused as per section 221(g).

What is he suppose to do now? Please advice.

thanks a lot in advance.
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Since the problem is with the approved LCA, that company would have to go thru the process again from start.

They would have to post a new LCA with the correct degree name, job title etc -- get it approved and then file your friend's H1 again.

I don't think they can amend something as basic as the degree requirement -- its one of the core pieces of the LCA.

Anyways, check with an attorney to see if there is some shortcut available.
 
What do you mean by "Labor Approval Document"?

You say that "the employer filled wrong degree under labor approval document.". Which form is the Labor Approval Document? I do not see any place in the LCA - Form ETA 9035E to put in the name of the degree. Please advise.

Thanks.
 
What do you mean by "Labor Approval Document"?

What is this Labor Approval Document? I do not see any degree requirement mentioned in my Labor Condition Application (LCA). Please advise. Thanks.
 
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