Legal Question in Immigration Law in New Jersey

I am currently working for Company A as a Technical Recruiter. I am a salaried full time employee with them. I am working on an EAD card with them since April 2008. I am the principal applicant on the I-485 petition that has been sponsored by my company A. I want to join Company B on the EAD. However Company B is a 100% commission based pay and no base salary. Is this allowed on the EAD card?


Asked on 4/26/10, 6:38 am

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

The filing of I-485 adjustment of status application allows you to remain legally in the U.S. and to work and travel on EAD and advance parole document respectively. If your I-140 is approved (it appears that the I-140 is approved based on your fact pattern), and I-485 has been pending for at least 180 days, you can work elsewhere at same or similar occupational category and your I-485 can still be approved. However, the job should offer a guaranteed salary (it cannot be commission based) and the USCIS should be notified of the job change. Co. B should be prepared to write a letter updating your pending I-485 under AC21 regulations providing job details such as job title, salary offered, and whether job is of a permanent nature.

You can call our law firm at 212-268-3580 during business hours if you have questions, or email [email protected]

Regards,

Ajay K. Arora, Esq.

www.h1b1.com

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Answered on 5/01/10, 9:15 am


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