H1B job title discrepancy

[kumarisri]

Hello,

I'm on F1 OPT visa. My H1B got picked in lottery . My employer wants to file for H1B saying I'm a test engineer. But currently I'm working as an associate software developer. I have done my bachelors and masters in computer science. i have previous work experience of 2yrs as a software engineer.

My questions are:
1.What are the legal risks of misrepresenting my actual job duties in the H-1B petition?
2.Can my employer file an amended petition to correct the job title and duties? If so, how complicated is this process?
3. What legal issues could arise if my job title and actual duties don’t align during a background check?
4. if I want to change my job and join new company in future as a developer, what will be the complications?

Kindly address these issue.
Thank you in advance

[phelo]

Hi there, my company has filed for my eb3 with title of ‘X’ Engineer. The process is Ongoing. I have also been selected in H1b and my H1b lawyers are now saying that they think ‘X’ Engineer title doesn’t sound H1b worthy and they want to change the job title to a different name and file for H1b so that USCIS approve it without any issue. My question is, if i do proceed with the name change with the H1b petition now, will it later cause a problem during my EB3 application? Only the title for the role is going to be changed for h1b. The job description will remain the same. I am currently waiting for labor certificate to be issued for this role. Has anyone faced such issue https://xender.vip/ ?

[Thearced]

Hello,

I'm on F1 OPT visa. My H1B got picked in lottery . My employer wants to file for H1B saying I'm a test engineer. But currently I'm working as an associate software developer. I have done my bachelors and masters in computer science. i have previous work experience of 2yrs as a software engineer.

My questions are:
1.What are the legal risks of misrepresenting my actual job duties in the H-1B petition?
2.Can my employer file an amended petition to correct the job title and duties? If so, how complicated is this process?
3. What legal issues could arise if my job title and actual duties don’t align during a background check?
4. if I want to change my job and join new company in future as a developer, what will be the complications?

Kindly address these issue.
Thank you in advance

Misrepresenting your job responsibilities on an H-1B petition can create significant legal risks. It is critical that your job title and responsibilities accurately reflect your actual work to comply with immigration regulations.

Yes, your employer can file an amended petition to change the job title and duties. The process can be complex, involving paperwork and possibly additional fees. It is advisable to work closely with immigration lawyers or consultants to ensure the process goes smoothly.

If a background check reveals a discrepancy between your title and actual responsibilities, it may cause legal issues that could potentially affect your visa status. Ensuring consistency and transparency in all documentation is essential to avoid complications.

If you decide to change jobs in the future and join a new company as a property developer, there may be implications depending on your visa status and the requirements of the new job. It is recommended that you consult with immigration experts to properly understand the process of transferring or changing your visa status.

When I was developing mobile applications for smartphones, I found myself in similar situations. But this was very rare and everything ended well.

Always seek professional legal advice to ensure compliance with immigration laws and regulations.