Immigration Law

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Immigration

Customer Question
Immigration Lawyer's Assistant: Have...

Immigration

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Yes

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 8 months ago.Category: Immigration Law
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Answered in 5 minutes by:
9/26/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,608
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Customer reply replied 8 months ago
My employer had recently filed my h1-b visa extension petition but the LCA was filed wrongly as me getting paid level 1 wage whereas i am at level 3. We received a Level 1 RFE now asking as to how I get paid level 1 when my job responsibilities are higher. Can the LCA or h1-b petition be amended now or is it better to file a new petition with correct LCA?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

A certified LCA cannot be amended. . If the mistake is on the LCA, then your employer can amend the petition. This is something that your employer and their attorney should be worried about. It should not fall on your shoulders.

Good luck to you and I hope this answer has helped you!

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Customer reply replied 8 months ago
I am just worried that if they mess up the RFE response process, I'll become out of status? Is it better to file a new petition with a new LCA or is it still possible to fix the current petition without risking an eventual denial saying since the LCA where the mistake was initially made can't be amended any more?
Customer reply replied 8 months ago
For Jen
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

It is possible to amend it the petition but it may be better to refile correctly. Speak to your employer and attorney about this for the best course in your case.

I hope this has helped. Best of luck.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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