Can and can not for H4 visa holder .

[LanaMay 5]

My husband is currently on F1 and will graduate by the end of 2013.

No prospective of OPT.His International Adviser is incompetent to the point of being completely worthless.The fact that my spouse has advanced degree in his field from our home country and already worked 6 years in US on H1-B prior to F-1 does not help either.He also already had J-1 training prior.

He just got denied off campus work authorization for the first time in 3 years so his job is gone too.We are thinking about adjusting to H4 so he at least can stay with me in US after graduation.Our permanent Residence Application is 2 years and 10 months away from filing(((

I understand while on H4 he can not work and be reimbursed in any way. Does anyone know if while on H4 one can volunteer,or be an unpaid intern,or maybe tutor or do anything at all to advance his future career and to not go nuts?)))Any idea?

Not to be able to do anything productive career wise for almost three years seems unreasonable.Does anyone have any advice?We will appreciate any feedback

[Boiler 45,482]

Why does he have to use his advisor to get OPT, can he not sort something out himself?

Volunteer work is that which would not be paid, the common example is soup kitchen.

[LanaMay 5]

Why does he have to use his advisor to get OPT, can he not sort something out himself?

Volunteer work is that which would not be paid, the common example is soup kitchen.

Advisor is not a main reason.Lawyer said OPT is not very likely to get approved because it suposed to be a training and he already worked in the field on H1-B for 6 years

That is why OPT is out of the picture and I ask for some advise on what can a person do while on H4, other than work at soup kitchen)))

I realize geting paid is out of the question. And maybe I just simplify things but is any work that you do not get paid for not volunteering?

[aaron2020 11,651]

Advisor is not a main reason.Lawyer said OPT is not very likely to get approved because it suposed to be a training and he already worked in the field on H1-B for 6 years

That is why OPT is out of the picture and I ask for some advise on what can a person do while on H4, other than work at soup kitchen)))

I realize geting paid is out of the question. And maybe I just simplify things but is any work that you do not get paid for not volunteering?

Why is the advisor incompetent when your husband does not qualify?

No pay does not equal volunteering. There are restrictions to prevent a quid-pro-quo that does not involve pay. Google "USCIS volunteering."

For example; "Volunteer" and after a period, the employer promise to apply for a work visa. So, the promise of future employment makes this an impermissible "volunteer" position.

[LanaMay 5]

Why is the advisor incompetent when your husband does not qualify?

No pay does not equal volunteering. There are restrictions to prevent a quid-pro-quo that does not involve pay. Google "USCIS volunteering."

For example; "Volunteer" and after a period, the employer promise to apply for a work visa. So, the promise of future employment makes this an impermissible "volunteer" position.

Advisor is incompetent because she does not give any advise at all and can not even print a correct I-20 upon request.For example,when he first asked for I-20 for off campus employment authorization she printed one that was for OPT.When he pointed out mistake she got offended and irate,told him he will not get authorization anyway so why does he even bother her. After considerable struggle with advisor he was able to get work authorization after all.But every year when he would ask for a new I-20 to reapply it would be something of an ordeal.Like, one time she coud not log in into her INS account or she would not be able to change information because she did not know how etc.Tell me such advisor is not impairment.Even if just a mental one.

Promise of work visa is not desirable.It is reqired to leave US for 14 months before applying for second H1-B.And by than our priority date will most likely allow to adjust status to permanent visa. But I get the point "soup kitchen " type of work only considered volunteering.

What about helping out a friend's business in a field totally unrelated to his profession?

[Boiler 45,482]

Sounds like a job someone could be paid for.

The OPT situation makes sense.

[LanaMay 5]

Sounds like a job someone could be paid for.

The OPT situation makes sense.

But if no money ever changes hands how would one get in trouble for it, theoretically speaking? Is there even a way USCIS can potentially track any unpaid work? Truly unpaid work, just for the sake of doing something instead of going nuts,while waiting for a priority date to become current.

[Boiler 45,482]

Trouble, you mean deported?

As I said you can volunteer at an activity which is not paid. Him or anyone.

[LanaMay 5]

Trouble, you mean deported?

As I said you can volunteer at an activity which is not paid. Him or anyone.

No, by trouble I mean denied adjustment to permanent status.

Thank you for your feedback.

[Boiler 45,482]

Isn't that the same?

[aaron2020 11,651]

But if no money ever changes hands how would one get in trouble for it, theoretically speaking? Is there even a way USCIS can potentially track any unpaid work? Truly unpaid work, just for the sake of doing something instead of going nuts,while waiting for a priority date to become current.

It doesn't matter if no money ever changes hand. In your own words, you call this "work."

If your friend would normally pay someone, then "volunteering" takes a job from a uS person.

Take your chances if you think USCIS will not find out.

Wouldn't it be a wiser choice to volunteer for a charity rather then a business to play it safe?

I recommend you use Google and search "USCIS volunteering."

Edited February 18, 2013 by aaron2020