Title/position Different In H1b And Lca, Help

[Fmwdm]

Title/position Huge Different In H1b And Lca, appreciate for Help

Recently my company plan to start applying LC for me. Since my bachlor degree(sorry, no MS) is not purely CS or EE(it is actually a BS--science of areospace), and I do have 5 years working experience(all software engineer or system engineer releated), my attorney advices me to try with Lvl II technical support engineer title(prevailing wage 60k+) instead of system engineer(90k+). My company definitly will not pay the software engineer lvl II high salary for me. The title in my H1b is system engineer though. I wonder if it is ok for me? Will there be any trouble in the I-140 stage? It seems my job title changs too much and will there be any REF issue?

BTW, is there any suitable title(lvl 2) that is computer releated and prevailing wage is less than 80k? I know my company could offer me a prevailing wage of less than 75K.

Appreicate for helps from your guys.

 

[jbm]

shouldn't be problem

h1b is for current job and greencard (LC/ 1-40) is future job, i think if decription is same that good, but it shouldn't create problem if it's totally different position/ title. your lawyer should have clear idea about this.

i hope this help

jb


PS: you don't need ms or bs + 5 year to file green card, if you are not sure you can go for eb3 instead of eb2 (for salary or other reason), becuase i wouldn't take risk for REF and play safe with eb3 category if you think you are border line case for eb2

 

[Fmwdm]

Hi, jbm. Appreciate for your reply.

However, I still have several doubts:
1. My attorney adviced me not to apply with a entry level because my 4-year college major is not CS or EE. She told me better apply with lvl2 with the title technical support specialist because if I am not a CS or EE student why the company hires me as a entry level software engineer instead of some CS or EE student.
I thought either lvl1 or lvl2 should be a case about salary and a totally different case with either EB2 or EB3, am I right?
2. There is definitatly a huge difference between technical support engineer and system engineer. I think those authority guys could easily tell the difference and doubt that how could my former working experience as system engineer be equals to working experience of technical support engineer, and thus make me a lvl 2 technical support guy?


Appreciate for any further help. Have a nice day.

PS: I will post the job desciption of both technical support and system engineer as follows:

System Engineer Descriotion:
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. May supervise computer programmers.

Technical support specialist description:
Provide technical assistance to computer system users. Answer questions or resolve computer problems for clients in person, via telephone or from remote location. May provide assistance concerning the use of computer hardware and software, including printing, installation, word processing, electronic mail, and operating systems.