SOC Code for retaining the Priority Date & to Avoid H1B Rejection

USA
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1

Hi @Anil.Gupta ,
Thanks for all your help in clarifying the questions. I have some questions in selecting the right SOC Code , during the transfer to a new employer.

Just to give some history , my perm is approved with SOC Code 15-1132.00 with PD Oct 2015 and all my previous approved extensions were with SOC Code 15-1199.01.

  1. Do i need to have same SOC code as like PERM in transfer LCA, to port the priority date? in this case do i need to make sure my transfer is initiated with 15-1132.00 only ?

  2. During transfer to new employer , Does USCIS checks for the SOC code of last LCA and will it be an issue if the SOC code in transfer LCA is different than previous one ?

  3. Unsure if this is valid question to ask or not. Which one is right SOC code to select for a SDET (Software Development Engineer in Test) as i heard most of rejections are around 15-1199 and 15-1122.

  • 15-1132.00 (Software Developers, Applications)
  • 15-1133.00 (Software Developers, Systems)
  • 15-1199.01 (Computer Occupations - All others , SQA Engineers and Testers)

Also The total salary offered is like this for different SOC Codes. Which one do you think has high chance of approval ?

  • Above Level 4 Salary for 15-1199.01 SOC Code (or)
  • Above Level 2 Salary with SOC Code 15-1132 or 15-1133

YoE : 8 + (Non-IT Background)

2

Also my current employer applied for extension using 15-1199.01(SQA Engineers and Testers) . This extension is going to be based on already approved i-140 beyond 6 yrs (in which i-140 was originally approved using SOC Code 15-1132 (Software Developers , Application). Is this difference of SOC Code a possible reason for getting the RFE to my extension ? I am yet to receive the exact RFE though. Want to avoid this while filing for transfer by selecting the right code.

3

Hi @Koteswara_Devarasett

Have you got an RFE on your extension or you are anticipating an RFE?

The SOC code can be different than i140’s SOC code for H1B transfer.

4

Hi Anil , I have got the RFE already for my extension with current employer. The SOC Code used was 15-1199.01 (SQA Engineers and Testers). Since my i94 is valid till end of September i am trying for Transfer with better SOC Code and Wage Level. I am not confident of clearing the RFE with current organization as i have seen few rejections with similar roles in last few months.

Can you suggest which one is better between below both for my transfer LCA.

  • Level 4 Salary with 15-1199 or
  • Level 2 Salary with 15-1132 or 15-1133.

I heard that 15-1199 SOC code is more prone to RFE’s and Rejections , hence asking.

My Role is of like SDET (Software Devlopment Engineer in Test) , i see in h1bsalary.online that this job title is having LCA’s with both 15-1132, 15-1133 and 15-1199 based on organization.

So was wondering whether SOC Code takes priority or the Salary Level takes priority for USCIS ?

5

Hi @Koteswara_Devarasett

The SOC code matters but not the way that you are thinking.

The occupation has to be proved as ‘Specialty occupation’ with legitimate proofs.

I have written about how to prove the ‘Specialty Occupation’.

You can read this case where a QA Analyst position was denied by USCIS and what mistakes they made in their application.

Your SOC code should be chosen by you based on the day to day job duties written in your H1B application. I cannot choose it for you on public forum.

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Thank you @Anil.Gupta . Appreciate for clearing my misconceptions.

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Hi Anil gupta,

I am exactly in same situation my i140 got approved with 15-1132 in Jan 2020 after my 6 year max out my employer applied extension with 15-1199.01 (QA) code received RFE ( apr 2020) . I gave detailed information but in real do they approve this SOC ? After reading the court case I am really worried . Do I need to have back up plan ? As my I 140 is less than 180 days and my visa is expiring in June . I am not sure about plan b till now . Have your ever seen this soc get approved after rfe in recent days

8

Hi @Siva1

What has been requested in RFE?

9

They don’t disclose the RFE question but they collected why degree required for this role , detailed job description, daily duties it’s percentages , how my job aids to perform this role , role level challenges and how my position would fit for the business portfolio I am assigned to .

So this means I would get rejected mostly ?

10

It seems like a specialty occupation RFE.

Please read the linked article to know the chances of approval.