EAD and what you can do before you get it

[canucker18 0]

Hi all, ok I have a question for you all.

I just moved to the US, am getting married in 2 weeks and plan to apply for AOS, EAD, AP about a week after we're married.

I have a prospective employer that would like to hire me. They know I can't work for them and collect pay until I have my EAD. Question is, can I intern with them? volunteer?

I was planning to call up similar employers in the area to volunteer anyways, but this one happens to be interested in having me work for them, when I can.

They are asking for some info etc on what they need to do, and if there is any way to expedite an EAD if you have an empolyer who wants you? I'm thinking not.

Anyways, I know everyone have advice here and I love it all, but I also need to send the empolyer some hardened fast links, so if anyone has a link to a gov't site re: working with an EAD, volunteering etc can you please pass it along?

Or any hints, tips, thoughts.

Thanks all

[ChristinaM 0]

Technically I don't think you're allowed to volunteer for any job that you would normally be paid for, which rules out volunteering for a company you will later go on and work for or any other company in a similar position.

The I-9 shows clearly what you need to work, and they should have one of those on hand.

Unfortunately, having a potential employer doesn't allow you to expedite an EAD.

I hope they'll hold the job for you, good luck!

[canucker18 0]

Thank you for the reply, do you happen to have a link to where you got that information specifically?

I know everyone thinks you can't volunteer, but I'm looking for a gov't website that clearly states that.

And if I were to volunteer in a position they normally have someone volunteer in, would that really be so bad??

I need to have concrete, legal proof that I can not volunteer there.

Please if anyone has a link to some literature could you please email me or post here.

Thank you once again.

[Kez/JWolf 6]

I would sugest that if you require a definate answer you make an infopass appointment and speak to an immigration officer.... they will be able to tell you if you can or can not work as a volunteer for an employer who you will eventually be paid by....

My understanding was that you could not do any kind of work until you had EAD...

Kezzie

Edited March 4, 2006 by Kezzie

[ChristinaM 0]

Man, I had to hunt for that!

(3) A situation involving a person volunteering his or her services for another may also result in an employment relationship. For example, a person who is an employee cannot "volunteer" his/her services to the employer to perform the same type service performed as an employee. Of course, individuals may volunteer or donate their services to religious, public service, and non-profit organizations, without contemplation of pay, and not be considered employees of such organization.

(4) Trainees or students may also be employees, depending on the circumstances of their activities for the employer.

http://www.dol.gov/esa/regs/compliance/whd/whdfs13.htm

I'm still hunting

[canucker18 0]

So basically I'm screwed?

Even though the US gov't wants me to NOT be unemployed, they don't want me to try and train for my work prior to getting an EAD. - Even if I am not getting paid.

How frustrating!!!!!

Are there no other options?? What a great opportunity for me to learn and volunteer.

Argh!!

[meauxna 15]

So basically I'm screwed?

Even though the US gov't wants me to NOT be unemployed, they don't want me to try and train for my work prior to getting an EAD. - Even if I am not getting paid.

How frustrating!!!!!

Are there no other options?? What a great opportunity for me to learn and volunteer.

Argh!!

Thread on the same topic, from today, with imput from two immigration attorneys:

http://britishexpats.com/forum/showthread.php?t=358678

Draw your own conclusion.

[ChristinaM 0]

It IS frustrating - particularly when, like you, you have a great opportunity lined up.

Maybe you could volunteer/intern with a company you don't intend to work for ultimately. At least you'd be anther step removed from "employment". Perhaps you could talk to a local college and see if they have opportunities for internships, or good relationships with a business you're interested in. Then you could argue that it falls under the bracket of "study", which you ARE allowed to do whilst waiting for AOS and the associated paraphanalia. Get a little creative

I hope you get it sorted, it sounds like it would be a shame if there were no way in.

[AussieBoy67 0]

This is always a great topic and I don't think anyone has ever been able to hit the nail on the head with this one.

I did an infopass on got the same response as other. They just wernt quite sure, but they officer said that even if i did work before my EAD was issued It would not effect my pending AOS.

My employer then hired me as a volunteer until I got my EAD (about 6 weeks) then I was given a sign on bonus which just happed to be very close to the value of my 6 weeks of work.

When they read the I-9 Employers handbook it gave a definition of "Employment" which they decided I was not violating.

Its all in the inteperation.

S.

[russ 1]

This is always a great topic and I don't think anyone has ever been able to hit the nail on the head with this one.

I did an infopass on got the same response as other. They just wernt quite sure, but they officer said that even if i did work before my EAD was issued It would not effect my pending AOS.

My employer then hired me as a volunteer until I got my EAD (about 6 weeks) then I was given a sign on bonus which just happed to be very close to the value of my 6 weeks of work.

When they read the I-9 Employers handbook it gave a definition of "Employment" which they decided I was not violating.

Its all in the inteperation.

S.

My wife happens to be an officer of a corporation we both own. She doesn't draw a salary (no EAD), but I'm not sure how legal this is. I don't think there is any problem paying her dividends or distributions.

I honestly don't understand the distinction between employment and owning a corporation (I'll talk to my lawyer about this one). It would seem to me you can legally own a corporation here without an EAD, just not draw any pay. This conflicts with tax law somewhat (in theory a corporation should pay a reasonable market salary to its owners, though this isn't a religiously followed rule).