Expedite due to work reasons

[Harpa Timsah 13,258]

It is illegal to volunteer for a job that would otherwise be a paid position without an EAD. Even a family business. She won't be able to work or volunteer at your office until she has her EAD.

[Gary and Alla 3,694]

If I am having to support here there and she is not productive, I can support here here and she can help me also. As far as pay, the buisness profits really go to the family and she benefits equally.

Anyone who has run a small buisness understands the value of family support and help.

As I said, it is free to be denied.

[naplesguy 25]

Also, if you want to rant and rave, blame the moderators. I posted this on another topic and it was moved to a new thread. There was some discussion about wheter a loss of a job by fiance or petitioner would form the basis of an expide. I posted on that thread. It is not like I just came up with this idea out of the blue.

[naplesguy 25]

It is illegal to volunteer for a job that would otherwise be a paid position without an EAD. Even a family business. She won't be able to work or volunteer at your office until she has her EAD.

Oh, can you cite some authority for that. I think I may take issue with that one.

[I AM NOT THAT GUY 5,715]

It is illegal to volunteer for a job that would otherwise be a paid position without an EAD. Even a family business. She won't be able to work or volunteer at your office until she has her EAD.

Technically, she wouldn't be an employee, but rather a material participant in the business, and would be entitled to having part of the self-employment tax paid applied to her social security and medicare accounts. Depending on how the business is set up, partnership, sole-proprietorship, LLC, etc, the owners don't usually receive wages.

Edited January 16, 2012 by ☼

[naplesguy 25]

As I said, it is free to be denied.

Maybe not, as one poster stated, it may cause someone to think the marriage is not real. My post should have stayed on the original thread were people were looking for solutions rather than waiting to shoot someone down.

Technically, she wouldn't be an employee, but rather a material participant in the business, and would be entitled to having part of the self-employment tax paid applied to her social security and medicare accounts. Depending on how the business is set up, partnership, sole-proprietorship, LLC, etc, the owners don't usually receive wages.

Now your talking, are you an accountant or something?

[I AM NOT THAT GUY 5,715]

Maybe not, as one poster stated, it may cause someone to think the marriage is not real. My post should have stayed on the original thread were people were looking for solutions rather than waiting to shoot someone down.

Now your talking, are you an accountant or something?

Sole proprietor.

[The Nature Boy 4,224]

My fiance is working for a company in the Philippines but sometimes her check is delayed for months. I run a small law firm and really need her help. I am thinking that my need for her help and her loss of income due to delayed pay may form a basis

for a request to expidite.

Any thoughts?

How does the phone request work? How do you get anyone on the phone? When I call all I get is automated responses.

Not going to happen. Good luck.

[bigdog 376]

See uscis expedite reasons, maybe you need a different type of VISA?

[Enigma11561 336]

Not going to happen. Good luck.

Ditto. Short answer.

[toma1 10]

My fiance is working for a company in the Philippines but sometimes her check is delayed for months. I run a small law firm and really need her help. I am thinking that my need for her help and her loss of income due to delayed pay may form a basis

for a request to expidite.

Any thoughts?

Zero percent chance is my only one... loss of income is not going to come close to clearing that hurdle.

[Harpa Timsah 13,258]

Oh, can you cite some authority for that. I think I may take issue with that one.

USCIS Views on Volunteering

The following describes the U.S. Citizenship and Immigration Service (USCIS) interpretation of the concept of “work” versus “volunteering”.

A foreign national cannot perform work as a volunteer in a position that would normally be a paid position or if the foreign national believes that some form of compensation will follow.

The U.S. Citizenship and Immigration Service (USCIC) views such volunteering as “work” and requires proper employment authorization issued by that agency.

This specifically includes volunteering by a foreign national for a trial period leading up to compensated employment.

(A)n applicant for a change of status may not offer his or her services to a prospective employer, even on a volunteer basis.

The employment is unauthorized as long as the alien derives any benefit from it. (Lawrence J. Weinig, INS Deputy Assistant Commissioner for Adjudications, 66 NO. 19 Interpreter Releases 539).

http://www.usavisanow.com/h-1b-visa/h1b-visa-resources/uscis-views-on-volunteering/

[I AM NOT THAT GUY 5,715]

Husband-Wife Qualified Joint Venture

http://www.irs.gov/businesses/small/article/0,,id=97732,00.html

Edited January 16, 2012 by ☼

[toma1 10]

The U.S. Citizenship and Immigration Service (USCIC) views such volunteering as “work” and requires proper employment authorization issued by that agency.

I'm thinking it's time to let this guy go down this road to prove it to himself... there are no more questions to be answered here.

[Casprd 167]

Oh, can you cite some authority for that. I think I may take issue with that one.

There are many cases where a mother in law is denied a visitor visa to come and "help" with a new baby as this is seen as providing child care services which are generally paid for. Volunteer work is generally allowed, but what you are talking about isn't volunteer work. While it may not cause any problems with her status, as many others have said, it is not in any way grounds for an expedite. Unfortunately the OP seems to be looking for the answer that he wants to hear rather than the answer that is correct.