SOC code changed for H1B Extension, is it legal

[vksonu]

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

[User099]

7 hours ago, vksonu said:

i know the code has been changed to make the LCA wages lower

What do you mean by this? are they paying you less now compared to last time?

SOC code goes with your job duties and its not upto you to decide what it will be as your employer will decide your job duties. Its perfectly fine if your job duties now align with 1142 and not with 1121.

They should have mentioned the new code in the LCA, if they got the LCA for the old code then they will file a new LCA and start over.

Your employer with the help of your attorney will determine the SOC code, you can't decide what it will be so talk to your employer if you are concerned about it. 

[vksonu]

On 2/24/2020 at 10:56 PM, User099 said:

What do you mean by this? are they paying you less now compared to last time?

SOC code goes with your job duties and its not upto you to decide what it will be as your employer will decide your job duties. Its perfectly fine if your job duties now align with 1142 and not with 1121.

They should have mentioned the new code in the LCA, if they got the LCA for the old code then they will file a new LCA and start over.

Your employer with the help of your attorney will determine the SOC code, you can't decide what it will be so talk to your employer if you are concerned about it. 

Hi Thanks for the reply , this is my 4th H1B extension from same company (all of my 3 previous extension and 2 amendments), all of them had same SOC codes.

My concern is that (If my project, account, client, team, tools and technology, product, occupational duties etc.. everything is same as compare to last petition, what was the need to change SOC code to procure new LAC and file extension), i am quite sure that it is to bring the LCA wages down as 1142 has less wages then 1121.

 

[User099]

1121 and 1142 are relatively on the same pay scale. It just depends on what Wage level they are doing your new job profile. Bottom line is you should be paid at least the wage that is in the LCA. If not, then you need to be concerned. 

I don't know what your job duties are so I can't talk about why its being changed from 1121 to 1142. Your employer or attorney will be the best to answer that for you.