Legal Question in Immigration Law in Texas

Hello, I have a question regarding H1 B filing. I was hired as a Manufacturing Engineer in Jan 2013.

My OPT was extended by 17 month considering my position as a manufacturing Engineer in my company.Now,

my employer will be filing my H1B in April 2014 and recently they changed my title to Mechanical/Industrial

Engineering Technician, and will be filing my H1B with the same title ( Industrial Engineering Technician), Would

this create any problem in my approval of H1B..?

Asked on 8/27/13, 6:53 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

If it was my case, I would not advise the employer to file an H-1B for a "Technician". Engineers are specialty occupations; Technicians are not. However, USCIS looks to the job description, not just the title. So, as long as the job duties entail those of a specialty occupation, then the position would still qualify.

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Answered on 8/27/13, 7:01 am

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