H1B - Engineer applying as Technician

[Jose15]

Hi,

 

My company is trying to file for my H1-B Visa (my first one).  My LCA has been rejected as the current salary is lower than local salary average in the City A for an Engineer. Lawyer says if I was employed for different office location (different City B in the same state), my current salary is higher for the local salary average for that City B.  They tried to appeal for reconsideration with local salary survey for City A and it got rejected again. 

 

I did little research want to know if the following options are viable.  

1) apply as Engineer Technician instead of Engineer, as the local salaries for technicians are lower.

2) apply with job location in City B office (same state), but stay and work from City A

 

If guys have any other suggestions, please guide me.

 

Thanks

JJ 

[JoeF]

First, a technician position would be a different job, with different responsibilities. You can not do the same work as an engineer in that position.

Second, a technician may not need a degree, hence it wouldn't qualify for an H1.

Third, do NOT commit fraud. If the H1 is applied with a job location in City B, then you have to work there. Working in City A would be a violation of the H1, and you would be working illegally.

The ONLY option is to get paid at least the prevailing wage.

[rahul412]

 

I did little research want to know if the following options are viable.  

1) apply as Engineer Technician instead of Engineer, as the local salaries for technicians are lower.

2) apply with job location in City B office (same state), but stay and work from City A

1. You can't do that, you cannot create a fake position for H1 approval. Moreover YOU cannot do anything w.r.t H1, that's employer's responsibility

2. That's not possible, that's called cheating and if got caught you will be deported.

 

Stop thinking about how to kill your career in US and start looking for new employer.