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arjunzorro

H1B Renewal after Title Change

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Hello All, 

I am applying for my 7th year H1B renewal. I got my I140 approved in 2018 against position of Senior Engineer with priority date of Feb 2017. My previous H1B for period 2016-2019 is against the position of Senior Engineer. My first H1B period was from 2013-2016 for position of Engineer. Starting January of 2018, I received promotion to Engineering Manager along with change in salary scale. 

Right now while applying for my extension, I had provided updated job description which is basically added responsibilities and job category was changed from previous Mechanical Engineer to Engineering Manager. However, I am being told by my attorney that my salary scale is not per what Engineering Managers make, so they will apply renewal again under the name of Senior Engineer. My questions are below:

1. Can this H1B renewal application be processed this way with reverting back to the previous title of Senior Engineer(and change the job description in application letter also) even though current working title is Engineering Manager. My linkedin profile and company website call out my title as Engineering Manager. I feel this will raise red flags. I checked the labor website for salary scale and my salary is right at Level 1 Engineering Manager salary for my state. Level 2 salary is very far off though. I would fall in Level 1 category since I have only 1 year experience as Engineering manager but prior 6 years experience in previous engineering positions. So I should qualify for Level 1 Engineering Manager scale and there should technically be no issue with salary scale since it meets the requirements. I can speak to my superiors to see if further modifications can be done to pay scale. 

2. If the application can be processed that way by reverting to previous title, what actions are required from my side. I assume the job level classification for senior engineer would be increased to a higher level than previously submitted during my 2016 renewal on the LCA. 

Kindly advise soon on this subject. 

Thanks

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The H1 is an employer's petition, and you go by the employer's directive, not the other way around. The employer decides your role, salary and designation, and determines if you qualify for that role, not the reverse. The employer and their Attorney make Extension filings. Leave it up to them, you have to stay out. 

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