Company is claiming filing amendment is not needed, but I believe it is

[WeirdFishes1234]

I was hired in May 2021 by a company after receiving my degree in Biomedical Engineering as a "Software Engineer" (per the offer letter). When they filed the LCA for my H1B petition, they informed me that they were going to file me as "R&D Engineer" with certain duties that do not match what I actually do for the company. I complained and I have been told that since my degree is Biomedical Engineering, filing me as Software Engineer with software engineering duties would be denied by USCIS because unrelated to my degree. Hence, they would have been filing me with a different title and duties (that they believe match my job, but for a fact I know they don't). They promised they were going to file an amendment after the new status started. I won the visa and my new status started this past October. I requested for a title and duty change and signed a new job description with the correct title (Software Engineer) and duties that after 1.5 years finally match my role and daily duties. However, they don't want to file an amendment and they are stating that more than 51% of the duties remained the same when they talk to the lawyers who handled the case (not true, even simply by comparing the bullet points listed in the two job descriptions). I never really performed most of the duties they submitted in the LCA. 

- Am I risking my status by not reporting this activity? I clearly stated to my company that I believe an amendment should be filed, but they are ignoring me.

- I am scared of losing my job if I report this activity to at least my manager, if not USCIS. What should I do in my situation?

- Since I signed the LCA at the time with very generic duties (that I don't feel like they describe my job), am I as involved as they are in this activity? I was informed the amendment was going to be submitted after approval so I agreed to file with a different title. 

- I asked around and it seems pretty common for companies to do this. Other friends at other companies are in a similar situation but they are fine with it. I think my company is not wanting to amend my case because they don't want the prevailing wage to raise and they clearly states they want to avoid the costs of amendment. Is this a valid possibility on why they might be doing this?

- If they were to submit an amendment as a Software Engineer, would I risk my status because my degree is Biomedical Engineering? Would there be a chance my amendment is denied because of the same reason?

Thanks

[Zodiac System]

It is advisable to get a second opinion from an immigration attorney.  You may also try finding another employer.  Good Luck.

Edited December 1, 2022 by Zodiac System

[LeaveMessageH1B]

What you believe may not stand chance against professional attorney. 

Employers has 100% control over all petitions and amendments. If you think you have more chances of success with correct job title which aligns with your educational background, do not take chance with incorrect filing...move to another employer.