Is this considered a job?

[Gary and Alla 3,694]

working and employment are two different things. Employment is not allowed without an EAD or Green Card. Working is allowed. Wagres, salaries and tips are not the same as income. A foreign person wthout an EAD can have INCOME they cannot have wages, salaries or tips.

A person on workmans comp, for example, is employed...he is not working.

A person washing cars for a church fundraiser is working..they are not employed

A person that buys a lottery ticket or stocks and bonds or simply puts their money in a bank has INCOME, they do not have wages, salaries or tips.

Owners are not employees unless they are also designated as employees and paid as such in return for services. This is the difference between wages and "income". They are not required to pay workmans comp or even SS and medicare if their only payment is "return on investment"...profit. There is no minimum wage that applies to business owners. You can lose money as legally as making money

Foreigners can own businesses and have income in the US without USCIS permission. Happens all the time and the US encourages it. They will even give you a green card if you invest enough money!

Edited October 19, 2011 by Gary and Alla

[Boiler 45,715]

Volunterering is allowed. She is not being paid, it is not a job.

To clarify:

Volunteering for your local soup kitchen OK

Volunteering at Target not OK.

[Gary and Alla 3,694]

To clarify:

Volunteering for your local soup kitchen OK

Volunteering at Target not OK.

Non profits and for profit businesses are different. The volunterring cannot be to replace someone that would normally be a paid employee.

Non profit employees are also often paid and for profit businesses such as some hospitals have volunteers and it is perfectly acceptable to "work" for them in volunteer jobs.

Volunterring to work in a private, family owned business could get into a gray area, depending what the job was and who the person replaced (if any)

If a K-1 goes to work as a cook on a volunteer basis in her husbands restaraunt, yeah that would not be OK. If, however she did the books for the place, something he had always dine himself, yeah that's OK!

Bottom line? I have never heard of anyone being denied AOS for working after getting married and applying for AOS. It is NOT legal to be employed without an EAD or green card

[Boiler 45,715]

It does not matter what type of business it is.

And in my first reply I mentioned that the chances of it being a practical problem is minuscule.

I am sue there are volunteer positions in hospitals that are never paid that you could undertake. I have never heard of anybody been paid in a soup kitchen so hence my example.

I doubt very much if doing the books would fall into that category.

[DouglasFiel 53]

Would you pay someone to do the job she would be doing?

If yes, the NO she shouldn't do it.

Hummm,,, This could really be taken the wrong way...

Regards,

[Marilyn. 340]

I don't think handing a coke to a customer once in awhile is going to get you into trouble.. but that is just my opinion...