LanaMay

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.

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.

To proof bona fide marriage, we only have third party affidavit. The third party need to write down how we met and married each other.

I think if marriage will be decided to be genuine and not only for a purpose of AOS by immigration officer you should be fine,or at least I hope you would be.Some Immigration officers are people too after all. Maybe if you spend more time on F1 and not to file for AOS right away it will be viewed as a plus.

I would recommend consulting a lawyer.Forum advise is good, but it never hurts to have a professional on your side.

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?

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?

I assume your husband is a US citizen right?So now you want to apply for green card and that is why fraud question bothers you? How would immigration service be able to find out that you were married in China first?

Your employer needs to talk to his lawyer about his offer and your situation.I do not think you can apply for work visa by yourself.Even if you get some valuable advice here it will not be enough to file all the paperwork correctly.It is long,complicated and expensive process.If you are really serious about it you need to get some real help.Good luck )))

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

Hi.

Your wife will be able to file with you for a green card regardless of what her visa status is,as long as she is legal in US.

I am in US for 10 years.I was J1 before I got my H1, so I know both of those visas are good for someone who wants to work.

J1 is more flexible with employment but as far as I know lasts only up to 18 months.H1B, as you probably know, pretty much ties you to one employer for the duration.In order to change employers you will need to go trough painful and costly filing again.H1 however can be extended for up to 6 years, and more if your green card posses is advanced enough to get a priority date.

Idea of working on F1 is not my favorite.My husband has F1 and allowed to work on campus 20 hours a week during school year,full time on school brakes.Work off campus has same restriction but he is also required to apply for work authorization document every year.

Miraculously he was able to get work permit three years in a row,but was denied this year. Decision letter from INS says :"The purpose of authorizing off campus employment is due to economic hardship and not to enable a student to work his or her way trough school." I guess they decided to tighten the grip in the light of looming immigration reform.

Since he was on H1 for 6 years before F1 he can not get H1 again without leaving US for 14 months.So now he has lost his job and will file H4 to be able to stay until my green card priority date.

Hope my input helps your wife to make a right choice.