H1B extension with new SOC code

USA H1B Visa
1

Hi,

i work for Large US based IT/ Software consulting firm…I have an H1B from past many years (with same company), the SOC code were always been “15-1121 -computer System Analysts”, this time as part of H1B Extension, company has changed the SOC code with (15-1142 “Network and Computer Systems Administrators”), i know the code has been changed to make the LCA wages lower

My question – Is it legal/official and possible to change the SOC code while filing H1B Extension, how can i prevent the SOC code from being changed…? (I want my extension to be done with older SOC code only, Please note LCA has already been procured

I am on the same location, with same client (So it should be only Extension and not the Ext+amendment", please advice

2

This is something you need to discuss with your employer and clarify…Usually, if any of your duties changes, then changes occur. If these SOC codes are related and the tasks are aligned, should be ok…Hard to give generic answer, talk to your attorney.

3

Hi Kumar,

Thanks so much for your reply, nothing has been changed (client, job duties, team, project, location, tools, technology, everything is same) . As per O*net and “Foreign Labor Certification Data Center”, job duties or Occupation details for OES/SOC Code 15-1142 is completely different then my job profile

(all previous five including 3 prime/main petition and 2 amendments have been filed using SOC CODE “15-1121.00, all of them got approved

Since they already procured an LCA (petition has not been filed yet), if they get convinced, What is a possibility to procure altogether new LCA again with previous SOC code and then file the petition

4

You should raise the flag and say, it is not correct. In fact, LCA has to be shown to the employee as well.
It takes about a week to get new LCA and file it…If you are not convinced that it is right, you should raise it and get it sorted out…

5

Hi Kumar,

I have raised this concern, do we have any proof from either USCIS or DOL that SOC code should not be change on H1B extension/LCA if nothing has been changed (client, job duties, team, project, location, tools, technology, occupation details etc…) also as per the new SOC code (Job duties doesn’t match at all)

6

@kvsonu- What happened in the end ? was H1b extension approved with new code?Can you share you experience

7

I had given couple of written justification to the immigration team saying SOC code should not get changed, finally they were convinced, and procured a new LCA with old SOC code and then filled petition which got approved as well