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  • Volunteer working. Legal?

    Hi,
    I'm currently under OPT (exp May 08). My fiancee and I are gonna get married in April 08 and I'm gonna apply for AOS and EAD afterwards. I was wondering is it legal to volunteer working without getting paid (on the same workplace I work now) before EAD is granted?
    Thank you

  • #2
    Hi,
    I'm currently under OPT (exp May 08). My fiancee and I are gonna get married in April 08 and I'm gonna apply for AOS and EAD afterwards. I was wondering is it legal to volunteer working without getting paid (on the same workplace I work now) before EAD is granted?
    Thank you

    Comment


    • #3
      you cann't work if you dont have a green card or EAD . and it's againts the law to hire you if dont have EAD

      Comment


      • #4
        just wait until you file and get your EAD and just avoid any troubles, this is not about the paid , this is about you being there without the EAD

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        • #5
          Thank you for your response mike_2007

          Comment


          • #6
            I can only go by personal experience..

            I was told by immigration office and attorney that I could work as long as I didn't get paid, in fact their words were..use the word 'help out' not the word work.

            Before I received my EAD I did 'help' out for our business, and not receive any money for what I did.
            At my interview for my GC, the officer did ask me about that time period, and I told her the truth and she said that was ok then.

            I don't know if being on OPT and AOS has the same rules but that was my experience with 'helping' out.
            -----------------------------------------------------------------------------------------------
            God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

            National Domestic Violence Hotline:
            1.800.799.SAFE (7233) 1.800.787.

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            • #7
              I DONT THINK THIS WILL BE A GOOD IDEA . USCIS ARE GOING CRAZY NOW AND THEY BEEN STOPPING U.S CITIZEN'S AND DEPORT SOME BY MISTAKE, SO DO YOU THINK THEY WILL BELIEVE THIS PERSON IS JUST HELPING? THEY WILL MAKE A BIG STORY ABOUT IT AND TRY TO DEPORT HIM/HER JUST FOR THAT. JUST WAIT FOR YOUR EAD

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              • #8
                Mike, Stlie is already working there under the OPT.
                -----------------------------------------------------------------------------------------------
                God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                National Domestic Violence Hotline:
                1.800.799.SAFE (7233) 1.800.787.

                Comment


                • #9
                  yeah but it will be expired in may and i think this is his question

                  Comment


                  • #10
                    Stlie, maybe talking to your student advisor about it might be a good thing. I am sure you are not the first to probably ask this question.

                    Actually Mike has a point, it won't take long to get your EAD if you apply for it as soon as you AOS. If you can hold out a few months, at least you can do everything above board and not worry. (and get paid for your time)
                    -----------------------------------------------------------------------------------------------
                    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                    National Domestic Violence Hotline:
                    1.800.799.SAFE (7233) 1.800.787.

                    Comment


                    • #11
                      Actually, if Stlie is marrying an USC then it really will not matter if she/he works illegaly or not. Even if questioned about it in the interview.

                      Illegal work and illegal overstay are forgiven with adjustment of status thru marriage to USC.

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                      • #12
                        Just a note on what employment means.

                        Employment is defined as any kind of work performed by the employee for the employer for wages or ANY OTHER remuneration. (according to immigration law)

                        The definition suggests the a "master/servant" relationship. Note that the remuneration doesn't need to be cash or currency; training, room, food, supplies and things of value could be considered remuneration if received "because of" the service provided.

                        For example, many people help non-profit organizations. Helping a spouse or a family member is also
                        very common. But why would you "volunteer" to work for a complete stranger if there's nothing to gain? It's a very good question, and note that even the "promise of a job" could be considered remuneration given the very tense immigration situation today.

                        The OP should talk to a lawyer or an official and clarify the situation.

                        -THIS IS NOT LEGAL ADVICE-

                        Comment


                        • #13
                          Why couldn't they get their agreement stating that's it voluntary, notorized. A lot of volunteer work can be like an internship to gain knowledge/experience about a particular area.

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