First time TN clarifications

[Insider22]

Hello all,

Having perused many of the previous threads under 'TN Status', I am still confused regarding a couple of points.

Brief background:
1) I'm a Canadian. My official bachelor's degree (from a university in India) is titled 'Bachelor of Engineering in Computer Science'.
2) While currently in the US on a vacation (B-2), I interviewed with a US company and got an offer. The job title in my offer letter says 'Staff Engineer' (equivalent to Tech Lead in other companies).
3) The work I would be doing (realistically) will be a mix of system design and computer programming (both go hand-in-hand for the job role), though I am not sure yet as to how my potential employer plans to present this in the TN (sponsorship) letter.
4) My potential employer and their immigration firm are currently drafting an I-129 application with USCIS for pre-approval.
5) The immigration attorney specified that I'd have do a roundabout (to finish off the B-2 trip, and activate the new TN status). I'm currently waiting for the I-129 procedure to complete to enable me to do that.

My understanding from the forum thus far:
a) The original offer letter does not matter. It is the responsibilities/duties of the role elucidated in the TN letter that matters.
b) Where computer programming is involved, it is safer to go with the TN designated role of 'CSA' rather than 'Engineer'.

My questions:
1) Would I'd be eligible to apply under 'Engineer' category for TN?
2) If yes to above, would it be recommended to apply as an Engineer or CSA given my degree title? Could applying as Engineer cause any difficulties at POE?
3) Would point 5 in the background create any potential hurdle at POE/pre-flight-clearance given that I received the offer when I am on B-2 visa.

Please do let me know if my understanding anywhere is incorrect.

Thanks!

 

[grant2]

If your employer has decided to hire a lawyer, then let them worry about the sponsorship letter & job category. Once you have a few TN permits under your belt, then you're in a good spot to 2nd guess lawyers.

1. A 2005 INS memo says engineers cannot fill computer related jobs. However, apparently posters on this forum have been approved for computer jobs in the engineering category, so it seems USCIS policy has evolved.
2. What's "recommended" depends on who you ask. Let your lawyer do the heavy lifting here. My preference is CSA in your position.
3. There is no "hurdle" involved with getting a job offer while on a B2. Why would there be? You told the border officer your intention to interview for jobs when you entered the USA, just like the rest of us did, and he approved your entry.

(If you lied to the border officer about your reason for entry: that's a huge problem if you get caught. You won't get caught this time, but never do it again. It can never help you.)

 

[Insider22]

Thanks @grant2

On the B2 stuff, I applied for the role before coming in on the vacation, but the other side went into high gear after I entered. So, I was truthful to the CBP on the purpose of my visit at the time of entry. Of course, point taken and agreed. Thanks again for the clarifications!