Volunteering while waiting for the GC

[Peter_Pan 661]

My husband to be has a business, is it possible that I work there until I get my GC, as a volunteer?

[SF2007 48]

My husband to be has a business, is it possible that I work there until I get my GC, as a volunteer?

Tricky. No, you cannot "work" anywhere. Yes, you can volunteer. Wording, I agree but those words hold a very important difference for USCIS. As a volunteer without employment authorization, you cannot hold a position or do a job that would be otherwise paid. Or be paid later for a volunteering position you had while EAD/GC was pending.

You can help him out once in a while, but I would personally refrain from getting too involved in his business prior to receiving your EAD/GC.

Edited March 4, 2012 by SF2007

[Peter_Pan 661]

So it is illegal to help my husband?

[TBoneTX 45,998]

Reread the previous response.

[aaron2020 11,651]

So it is illegal to help my husband?

You cannot legally work.

You cannot volunteer for a position that would otherwise be a paid position. For example, if your husband would normally pay someone for help, then you cannot volunteer to do the same work.

That is what is legal and acceptable under the Terms of Service for this forum.

What you do and what USCIS knows about is something for you to decide.

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http://www.visajourney.com/forums/topic/352141-while-waiting-for-eadpre-opt-volunteer-work-option/page__p__5157151__hl__work+volunteer__fromsearch__1#entry5157151

[Peter_Pan 661]

Ok. How about making it an unpaid internship?

I'm still not sure how to determine "if the employer would normally pay someone for help". Say he is a cook and he wants to teach me how to cook. Where does that fit?

[Reyan 56]

Wouldn't it just be easier for him to teach you to cook at home, that way you can avoid this gray area of what is work or volunteering. I rather play things safe, but that's just me.

[Boiler 45,982]

I fhe runs a spup kitchen then you would probably be OK.

I f he wants to teach you to cook, better do it at home.

[SF2007 48]

I'm still not sure how to determine "if the employer would normally pay someone for help". Say he is a cook and he wants to teach me how to cook. Where does that fit?

It's simple really. The employer would "normally pay someone for help" if the employer needs help with their business. If he needs help to cook, wait tables, manage his restaurant, host, etc. Those are all paid positions. He has to HIRE someone to do them. I agree with the previous posts, if you're into cooking, you can do it in the comfort of your home for now. Where it's clearly not about providing a service for the family business.

If you want to volunteer the right way and not have issues with USCIS, do it for a non profit. Like a community kitchen, not your husband's lucrative business. When you get your EAD/GC you can then work/be involved in the family business.

[aaron2020 11,651]

Ok. How about making it an unpaid internship?

I'm still not sure how to determine "if the employer would normally pay someone for help". Say he is a cook and he wants to teach me how to cook. Where does that fit?

How many restaurants do you know that has unpaid interns cooking? NONE. This is why it is illegal for you to do it because all restaurants normally would pay to hire a cook (even one you have to train). If you can find anyone with an unpaid internship as a cook who is NOT a friend or relative of the owner, you could cite it to support your position. I highly doubt you will find anyone doing an unpaid internship as a cook.

You cannot volunteer to work in the restaurant because you as the wife will receive an economic benefit when the restaurant makes money. This is work.

Did you read the link I posted? Did you see this? "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)."

You "volunteer." Family restaurant makes money from you "volunteering". You derive a benefit from "volunteering."

Edited March 21, 2012 by aaron2020

[grrrrreat 109]

So it is illegal to help my husband?

Yes, it is illegal to work in the U.S. without authorization, even at the family business. File a request for an employment authorization document (I-765) when you file for adjustment of status, and you can work as soon as you get it. The EAD comes a couple months before the Green Card, and it's free to apply if you submit it together with the I-485 (application for adjustment of status).

You aren't "volunteering" if you get financial benefit from the work, and as the wife of the business owner, you certainly would.

[Gary and Alla 3,694]

Tricky. No, you cannot "work" anywhere. Yes, you can volunteer. Wording, I agree but those words hold a very important difference for USCIS. As a volunteer without employment authorization, you cannot hold a position or do a job that would be otherwise paid. Or be paid later for a volunteering position you had while EAD/GC was pending.

You can help him out once in a while, but I would personally refrain from getting too involved in his business prior to receiving your EAD/GC.

More or less correct. The secret is in the defintions. "Working" is not the same as "employed". If it is a sole proprietorship you can be a partial owner and NOT be employed and NOT paid any wages or salary. Your "pay" is a return on investment. Money that is transferred from the business to your joint personal account. You can do whatever you want as long as you are an "owner/investor". There are no restrictions against foreigners owning or investing in US businesses. ROI is not even subject to SS or Medicare taxes.

If it is an "S" corp or a regular corporation, you can be an OFFICER of the corporation and not draw a salary or wage.

You CANNOT be employed until you have an EAD or Green Card. Period. By anyone, not even your husband. DO NOT become an employee.