1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Different Soc Codes For Perm And H1b With The Identical Position

Discussion in 'Working Nonimmigrant Visas' started by Jerry20092009, Aug 14, 2017.

  1. Jerry20092009

    Jerry20092009 New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Hi, not sure if this is the right forum to post, but still hoping that someone can help me out here. I’m currently in a situation that my employer is working on extending my H1b beyond 6 years based on an approved I-140, however, based on the newly published prevailing wages requirement, there’s 30% salary increase comparing to last year when my PERM was approved. My current H1b uses a different SOC code in a totally different category comparing to the one on the PERM. Before the PERM process, my employer changed my job title (same one as on the PERM) without amending my H1b as the attorney stated that the job responsibilities were 70% similar, despite the fact that my current slary is 20% lower than the prevailing wage for the PERM position but it’s higher than the prevailing wages on my H1b (so it’s legal). I was trying to convince my employer to use the same SOC code on the PERM to do the H1b extension, and they were ignoring my request, and refused to disclose any conversions between them and attorney. My concern is that they’ll try to use a different SOC code to apply the extension to lower the prevailing wages requirement. Question is whether DOL will check the SOC code on the LCA for accuracy comparing to the real job responsilities? If the new SOC code they choose is in a totally different category, will this pose an issue? How about USCIS, how likely will they reject the H1b extension if an incorrect SOC code is used or the SOC codes don’t match in PERM and H1b extension application? Anyone who can help please! Thanks!
     
  2. s_gan

    s_gan Super Moderator

    Messages:
    5,294
    Likes Received:
    5,390
    Trophy Points:
    113
    You actually don't have a say in this process.

    -Layman not a lawyer
     

Share This Page