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jlee4790

Unpaid job training while waiting for EAD card.

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Hi my wife and I got married and are in the process of waiting for her greencard application to be approved. Also waiting for her EAD which we applied for.

 

Her dad has a company in the states. They are not sure if unpaid work will be against the terms of her visa application. Mostly training from home and being CC'd on some emails. No payment or any records of employment.

 

Does anyone know how in depth they go with their checks? We don't want to risk it but her potential supervisor seems to want to get her started asap. kindly let me know. thanks

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Unpaid or paid....doesn't matter.......she is not authorized to work without a valid EAD.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
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  • Marriage: 7/30/2015
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  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
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  • IV Fee Paid:10/25/2016
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7 minutes ago, jlee4790 said:

Hi my wife and I got married and are in the process of waiting for her greencard application to be approved. Also waiting for her EAD which we applied for.

 

Her dad has a company in the states. They are not sure if unpaid work will be against the terms of her visa application. Mostly training from home and being CC'd on some emails. No payment or any records of employment.

 

Does anyone know how in depth they go with their checks? We don't want to risk it but her potential supervisor seems to want to get her started asap. kindly let me know. thanks

Surely her potential supervisor would understand having to wait---and WOULD wait---once her father (who owns the company) speaks to him about her needing authorization to work, if she is feeling pressured.

 

This is one of the pitfalls of doing the K1 visa---inability to work immediately.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

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Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Seriously---wait for the EAD.  Don't let her begin her immigration journey within the US the wrong way.   


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Posted (edited)
3 hours ago, jlee4790 said:

Hi my wife and I got married and are in the process of waiting for her greencard application to be approved. Also waiting for her EAD which we applied for.

  

Her dad has a company in the states. They are not sure if unpaid work will be against the terms of her visa application. Mostly training from home and being CC'd on some emails. No payment or any records of employment.

  

 Does anyone know how in depth they go with their checks? We don't want to risk it but her potential supervisor seems to want to get her started asap. kindly let me know. thanks

Job training, where there is no associated job or benefit at the end? Theoretically legit.

Job training, especially as part of a future job, let alone the same company. Not at all legit.

 

It doesn't matter that she is training from home, what matters is that the training would be from the company she will work for and directly relate to her future job. The fact that they will be CC'ing her on these emails is a HUGE red flag. USCIS says that a person can do volunteer work, training, etc. ONLY if there is no potential of direct benefit once the applicant has work status. This is intended to crack down on employers that have the employee work "voluntarily" or "as an intern" while they wait for work authorization; your situation sounds like exactly what USCIS was trying to crack down on. 

 

I know it is hard to wait, but don't risk it! 

 

Edited by PedroDaGr8

K1

Spoiler

 

09/24/2016 - I-129F Packet Submitted

09/26/2016 - NOA1

10/27/2016 - RFE Received

11/02/2016 - RFE Reply sent

11/09/2016 - NOA2

11/21/2016 - NVC Receives packet

12/12/2016 - Case left NVC for BKK Consulate

01/10/2017 - After travelling via the slowest route possible (likely via carrier pigeon) BKK Consulate receives packet

01/16/2017 - Packet 3 Instructions received

02/28/2017 - Packet 3 Instructions Completed

03/05/2017 - Packet 4 received 

03/29/2017 - Interview disappears from the schedule on the embassy website

03/30/2017 - She goes to her interview, is told they need to verify her documents since she is Vietnamese interviewing in Thailand, receives a 221G with 'Verification of Viet documents' as the reason. Gave back her passport.

03/31/2017-04/04/2017 - Case is being continuously touched. We suspect that our case was approved at this point but they didn't have her passport.

04/10/2017 (10 days after interview) - Email emabssy to inquire about updates and if there was anything we could do to move things forward. (3h later) - She is told that she is approved and to expect her passport soon (how when they don't have it in their posession?) After clarification, instructed to send our passport to them. Ship out passport in a rush to beat Songkran (which failed)

04/11/2017 - Passport at embassy according to Thai Post Office

04/17/2017 - Emailed to confirm they received the passport. They issued an evasive answer about Songkran backlog (they love evasive non-committal answers)

04/24/2017  Evening - Case changes from Immigrant Visa to Non-Immigrant Visa and a new case created date is given

04/25/2017 morning  (less than 12h later) - Case flies through Ready -->Admin Processing --> Issued

04/26/2017 - Checks mail, passport is there. No mention of it being mailed out. 

05/02/2017 - Arrives in the USA, without Issue

06/17/2017 - Marriage!

AOS

7/01/17- Mailed AOS packet to Chicago

7/03/17- Packet received

07/07/17 - SMS and Email notification of NOA1 for AoS, EAD, and AP

07/13/17 - Received paper copies of NOA1 for AoS, EAD, and AP

07/21/17 - Received Biometrics Appointment Letter

08/02/17 - Biometrics Appointment Completed 

11/04/17 - EAD Approved - New Card Is Ready For Production

11/09/17 - AP Approved

11/09/17 - EAD - Card Produced Awaiting Mailing

11/09/17 - EAD - Card Has Been Mailed.

11/13/17 - EAD/AP Combo Card Received. 

11/05/2018 - Received SMS Notification that Interview Has Been Scheduled

11/10/2018 - Received Paper Interview Notice

12/11/2018 - Interview Date

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how are they going to know if she's not on payroll or anything? I know it's illegal but how are they going to find out? 

12 hours ago, PedroDaGr8 said:

USCIS says that a person can do volunteer work, training, etc. ONLY if there is no potential of direct benefit once the applicant has work status.

What do you mean if there is no potential of direct benefit? is that when you decide to change work when you get EAD?


AOS/EAD/AP ->: 11/29/18 - NOA1: 12/04/18

Biometric NOA:  12/14/18  Biometric Appt: 12/26/18

EAD/AP approval: 

AOS Interview Appt: 

 

"It's true, we don't have it as easy as ordinary couples. But this is no ordinary love"

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Posted (edited)
2 hours ago, Lebanese23 said:

how are they going to know if she's not on payroll or anything? I know it's illegal but how are they going to find out? 

What do you mean if there is no potential of direct benefit? is that when you decide to change work when you get EAD?

Anybody could report it, even years after the fact. All it takes is ONE disgruntled employee who happened to know about this to cause problems. This would be considered a material omission and could open the person to having their GC revoked (and if they are a Citizen, their citizenship as well). In the end, when talking about unethical acts and getting caught, the discussion will revolve around weighing risks versus rewards; in this case the reward is essentially none and as for the risk, while the likelihood of the risk happening is low, the severity of the risk is VERY high.

 

As the wording of potential or direct benefit, the following link does a great job of explaining this (including some of the relevant case law):

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


Quick summary of the article:

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. This form of volunteering would be considered as work by the agency and would require employment authorization. Furthermore, an applicant may not offer their services to a prospective employer on a trial basis. If any type of benefit could accrue to the alien, though it may not be wages or fringe benefits, the services will be considered unauthorized employment.

Edited by PedroDaGr8

K1

Spoiler

 

09/24/2016 - I-129F Packet Submitted

09/26/2016 - NOA1

10/27/2016 - RFE Received

11/02/2016 - RFE Reply sent

11/09/2016 - NOA2

11/21/2016 - NVC Receives packet

12/12/2016 - Case left NVC for BKK Consulate

01/10/2017 - After travelling via the slowest route possible (likely via carrier pigeon) BKK Consulate receives packet

01/16/2017 - Packet 3 Instructions received

02/28/2017 - Packet 3 Instructions Completed

03/05/2017 - Packet 4 received 

03/29/2017 - Interview disappears from the schedule on the embassy website

03/30/2017 - She goes to her interview, is told they need to verify her documents since she is Vietnamese interviewing in Thailand, receives a 221G with 'Verification of Viet documents' as the reason. Gave back her passport.

03/31/2017-04/04/2017 - Case is being continuously touched. We suspect that our case was approved at this point but they didn't have her passport.

04/10/2017 (10 days after interview) - Email emabssy to inquire about updates and if there was anything we could do to move things forward. (3h later) - She is told that she is approved and to expect her passport soon (how when they don't have it in their posession?) After clarification, instructed to send our passport to them. Ship out passport in a rush to beat Songkran (which failed)

04/11/2017 - Passport at embassy according to Thai Post Office

04/17/2017 - Emailed to confirm they received the passport. They issued an evasive answer about Songkran backlog (they love evasive non-committal answers)

04/24/2017  Evening - Case changes from Immigrant Visa to Non-Immigrant Visa and a new case created date is given

04/25/2017 morning  (less than 12h later) - Case flies through Ready -->Admin Processing --> Issued

04/26/2017 - Checks mail, passport is there. No mention of it being mailed out. 

05/02/2017 - Arrives in the USA, without Issue

06/17/2017 - Marriage!

AOS

7/01/17- Mailed AOS packet to Chicago

7/03/17- Packet received

07/07/17 - SMS and Email notification of NOA1 for AoS, EAD, and AP

07/13/17 - Received paper copies of NOA1 for AoS, EAD, and AP

07/21/17 - Received Biometrics Appointment Letter

08/02/17 - Biometrics Appointment Completed 

11/04/17 - EAD Approved - New Card Is Ready For Production

11/09/17 - AP Approved

11/09/17 - EAD - Card Produced Awaiting Mailing

11/09/17 - EAD - Card Has Been Mailed.

11/13/17 - EAD/AP Combo Card Received. 

11/05/2018 - Received SMS Notification that Interview Has Been Scheduled

11/10/2018 - Received Paper Interview Notice

12/11/2018 - Interview Date

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@jlee4790

Everyone is right and your wife shouldn't do it. However, consider expediting her EAD application with the job offer letter. Unless you applied 5+ months ago (in which case, you'll probably get the EAD approved soon anyway, though doesn't hurt to try I suppose), a job offer is a valid case for expedition and many on this forum have successfully done so. It might still take a while, as it seems that expedites are taking longer these days, but it doesn't hurt or slow down your case. No harm in trying. 


Adjusting from TN to GC as spouse of USC

2015-07-24: TN received at CBP

2015-11-23: TN received at CBP - employer change

2017-06-12: Married

2017-08-15: First child

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-03: NOA1 for I-485, I-130, and I-765

2018-07-24: Biometrics appointment

2018-07-25: Biometrics review completed

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-08-31: Request for additional information for EAD expedite mailed by USCIS

2018-09-07: Request for additional information for EAD expedite received in the mail

2018-09-07: Additional information for EAD expedite faxed to USCIS

2018-09-10: Mailed I-131 to USCIS

2018-09-14: EAD approved

2018-09-18: EAD approval notice received in the mail 

2018-09-18: EAD card was mailed 

2018-09-20: NOA1 for I-131

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-11: Card is being produced 

2018-12-13: Card was mailed 

2018-12-18: Card received in the mail

------------------

2020-12-11: Conditional green card expires 

 

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