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hayati

Is "training" without EAD allowed?

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Filed: K-1 Visa Country: Egypt
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Dear All,

My fiance and I will be returning to the US (he on on a K1 visa) this summer, after which we will almost immediately get married and start the application process for both the EAD and green card. I understand that without either of these documents he is not allowed to work and doing so would jeopardize our application. However, is he allowed to have unpaid training?

For instance, my fiance is an architectural engineer working in construction engineering. I have a few distance relatives who own a small construction company and we thought it might be good experience for him to have some unpaid training with the company - that way he could see how things work in the US, have a little something to put on his resume, as well as perhaps gain a few US based references, and also just to keep him occupied, his career is his world and he'll be bored to death just sitting at home all day. Is this allowed? He will probably only do a few hours a week for less than a month... basically for the 3-4 weeks we are based in my home town. It will be totally unpaid.

Thoughts?

Edited by hayati

K-1 Visa

Event Date

Service Center : Vermont Service Center

Consulate : Egypt

I-129F Sent : 2009-08-13

I-129F NOA1 : 2009-08-18

I-129F RFE(s):

RFE Reply(s):

I-129F NOA2 :2009-10-07

NVC Received :

NVC Left :

Consulate Received :

Packet 3 Received : 2009-10-15

Packet 3 Sent : 2009-12-15

Packet 4 Received :

Interview Date : 2010-03-11

Interview Result : Approved

Second Interview

(If Required):

Second Interview Result:

Visa Received :

US Entry :

Marriage :

Comments :

Processing

Estimates/Stats : Your I-129f was approved in 50 days from your NOA1 date.

Your interview took 205 days from your I-129F NOA1 date.

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Dear All,

My fiance and I will be returning to the US (he on on a K1 visa) this summer, after which we will almost immediately get married and start the application process for both the EAD and green card. I understand that without either of these documents he is not allowed to work and doing so would jeopardize our application. However, is he allowed to have unpaid training?

For instance, my fiance is an architectural engineer working in construction engineering. I have a few distance relatives who own a small construction company and we thought it might be good experience for him to have some unpaid training with the company - that way he could see how things work in the US, have a little something to put on his resume, as well as perhaps gain a few US based references, and also just to keep him occupied, his career is his world and he'll be bored to death just sitting at home all day. Is this allowed? He will probably only do a few hours a week for less than a month... basically for the 3-4 weeks we are based in my home town. It will be totally unpaid.

Thoughts?

Kinda of a tough call.

Unpaid internships can be considered "work" - so EAD is needed.

Training at a school - no issues, training at a work site - some issues.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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