So your I-485 was approved and now your employer is not paying you the prevailing wage as determined by DOL, and you want to sponsor a derivative family member overseas through consular processing and are asking whether you can quit and move to a new employer OR your I-485 is still pending and only the PERM and I-140 have been approved? I'm not sure which facts apply to you. The I-485 once filed and still pending can be ported to a new employer after pending for 180 days. Once approved, and "if" you can substantiate by pay stubs your claim of underpayment by your employer not in harmony with the PWD, than you should file a complaint with the DOL Wage and Hourly Division and once initiated you can move to a different employer or stay with your current employer but at least you have taken diligen steps to document that you are not at fault for departing your sponsoring employer after they went through all the trouble of getting you a GC but that it is them who are in violation of the PWD and therefore you left and sought employment elsewhere in good faith.
I agree with Attorney Calehr.
If you have additional questions, you can always contact an immigration lawyer directly, whether myself or one of my colleagues.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
I think attorney Calehr has spelled it out nicely.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104