EAD and "volunteer" work

[Gaita 0]

Hi everyone,

I'm in a really tricky situation. I enter the States as a student and then began to work as a professor with an Optional Practical Training Visa. Then I married my husband. My OPT expired in July and I've been on an unpaid leave of absence since. This has been fine since its the summer and I don't do any official work anyway (just work at home). However classes are now about to begin on Monday and I still don't have my EAD.

My school wants me to teach my classes, even though I'm still on an unpaid leave of absence. But I don't want to do anything illegal that might complicate my AOS.

Any advice about how to handle this? Should I just teach my classes and hope that my EAD arrives sooner than later (90 days will have passed on September 24)? Can I get in trouble for this (since technically I'm working even though I'm not getting paid)? Or is it not a big deal?

Thanks so much for your help!

Gaita

[JenT 0]

The way I understand it, you cannot work in any position that someone might otherwise be paid for until you receive your EAD. Volunteering at a church or hospital would be possible as long as no one else could be paid for the work you are doing.

Is it worth the risk?

[allynella 0]

Make an infopass appointment, since you said the 90 days have already passed (since they received your application?) and hopefully your local office will issue an interim EAD.

[Kez/JWolf 6]

The 90 days have not passed until Sept 24th, so infopass would be a waste of a trip....

Not a lot you can do but wait.... sorry

Is it worth the risk.... only you and your employer can answer that one.... if they are happy for you to work illegaly and you are happy to do so then I guess you are all set....

Hope you get your EAD soon...

Kezzie

[allynella 0]

Oh, my bad! You said 90 days ends in September.... . Unfortunately, the wait goes on.

[Gaita 0]

Thanks. I was hoping someone would say that its no big deal, but its good to know the truth

many thanks again for your help

Gaita

[Ewana 0]

Hmmm ... I am in the same situation. I applied for a job and offered them to volunteer until I have my EAD.

The company is not "non-profit". So, that is not allowed?

Does anybody have an official link for that law?

Well, I have my greencard interview on Sept. 27 th and the 90 days to get the EAD will be over on Sept. 20th (90 days from the date of the NOA, right?)

If AOS is approved at the interview, can you work right away with the passport stamp or do you have to wait until the Green Card arrives in the mail?

Thanks

[Kez/JWolf 6]

If you get the stamp in your passport at interview that is as good as the greencard and you can use it for work and travel the minute you walk out the door of the interview....

Good luck

Kezzie

[gimygirl 0]

this has been discussed here previously and this was the conclusion:

there cannot be any benefits to the volunteer other than "personal gratification".

an internship is not considered volunteer work. You are gaining experience that can potentially lead to a paid position. you are working, albeit unpaid, rather than volunteering. the skills you gain during the internship are its value.

the work has to be purely volunteer, such as Meals on Wheels. you deliver meals. your reward is feeling good.

[Ewana 0]

Wow, at least we have the right to feel good.

Isn't that ridiculous?! I should emigrate from that country...

Thanks for your answers! So, I am just hoping for the stamp in four weeks.

[leroy1999 0]

this topic has been discussed many times. Dont listen to anyone on this board as its pure speculation.

Go and talk to the USCIS at your local field office.

[Yodrak 7]

Gaita,

No problem for you and your AOS. A potential problem for the school, though, if ICE audits its employee record keeping.

Yodrak

Hi everyone,

I'm in a really tricky situation. I enter the States as a student and then began to work as a professor with an Optional Practical Training Visa. Then I married my husband. My OPT expired in July and I've been on an unpaid leave of absence since. This has been fine since its the summer and I don't do any official work anyway (just work at home). However classes are now about to begin on Monday and I still don't have my EAD.

My school wants me to teach my classes, even though I'm still on an unpaid leave of absence. But I don't want to do anything illegal that might complicate my AOS.

Any advice about how to handle this? Should I just teach my classes and hope that my EAD arrives sooner than later (90 days will have passed on September 24)? Can I get in trouble for this (since technically I'm working even though I'm not getting paid)? Or is it not a big deal?

Thanks so much for your help!

Gaita

Edited August 30, 2006 by Yodrak