Wrong LCA number in I 129 form - H1B Filing Rejection

USA H1B Visa
1

Hi,

Hi,while filling the I 129 form my attorney made a typo error in LCA case number and submitted to USCIS . Is this create a problem of rejection or need to apply a new petition.please guide me.

Mariam.

2

Technically it can be rejected but you can do some damage control as follows.

  1. Usually we attach a copy of LCA to the petition. If its done so, the copy of LCA may reflect a valid LCA number.
  2. If the aobve is true, your lawyer quickly write a letter to USCIS with the mistake indicating the valid LCA is attached. (send this letter in FedEx overnight with an acknowledgement).
    There are good chances that the above fix may work.
1 Like
3

Sometimes, minor mistakes by Attorney can cost you the H1B…See H1B rejected for wrong date

4

Thanks for the reply.

If it gets rejected, can we submit the I 129 again with the correct LCA number. Or we need to start the process all again starting from new LCA

Thanks,
Mariam

5

A rejected application only can be appealed if it was rejected due to the error or incorrect interpretation of the law by USCIS. In such cases AAO (Addl Appeals Office) would process it, typically it takes a long time for this process.
In your case, a new fresh petition is advised.

6

Fresh petition to be submitted with existing approved LCA or a new LCA

Also the company attorney is saying no need to send the letter mentioning the error . The approved LCA is attached with I 129 form. What you think about it?

Thanks
Mariam

7

Was your petition approved finally? I found myself in the same situation.

Thank you!

Elizabeth