Converting from J1 to H1, volunteering work before H1 approval

V

vmodugul

New Member
Hello,
I am currently on a J1. I am in the last stage of my waiver application. I now have a job offer and intend to apply for an H1. My prospective employer wants me to join immediately. Here are my questions?

Is it legal to volunteer for work and not get paid while on J1?
Will I be out of status if I dont work for the University on my J1 visa?
Will this have any implications on greencard processing later.
 
No Title

Is it legal to volunteer for work and not get paid while on J1?

You can volunteer to work while on J1 if you maintain your status simultaneously, i.e, working for the J1 sponsored Job.
   
Will I be out of status if I dont work for the University on my J1 visa?

Yes.

Will this have any implications on greencard processing later.

If you do not work for your J1 while on J1 you will be considered out of status, and thus it will affetct you in any immigration matter in future including green card.

However, if the duration of your J1 is over and you have applied for H1 and waiting for approval, then you are in status (i.e., waiting for approval). You can volunteer to work at that time without being paid by your new employer.

P.S. Personal opinion only.
 
How about a leave of absence with the J1 employer

Thanks a lot for your reply.
What If I take a leave of absence with the J1 employer and then go work for the new employer without getting paid?

This way, I should maintain my J1 status, right??

The embassy sent the NORI\'s to the DOS last week. Can somebody tell me how long it will take for DOS to get back to me? Also can I apply for H1 based on the DOS recommendation without getting the formal approval from INS?
Thanks a lot for you help
 
Voluntary employment

In my opinion, your idea about working for free elsewhere while being on J-1 is illegal and might land you in future difficulties, especially if your current J-1 sponsor is not so "co-operative." INS is reported to have recently adopted a "zero tolerance policy" for illegal immigrants. I don\'t know exactly what it eventually translates to - but be extra careful these days before touting with laws. Leave of absence to undertake other activities elsewhere can also be interpreted as intention to abandoning the J program - especially when the same person will sponor your H-1B in future thereby raising doubts over your intentions for leaves from your current program. I know one person from Turkey having done the same what you intend to. He successfully got H-1B - but his J-1 sponsor was very "co-operative." This was a case before 09/11 and before the current shake-up at the INS.

However, researchers on certain J programs are allowed to accept occasional remuneration from elsewhere if relevant to the core objectives of the program. For example, if you present results of your research during J-1 program elsewhere and deliver a lecture, you can accept the remuneration or honorarium for your talk. Check this out with your sponsor/international office.

Typically, one can expect DoS to respond within 6 to 8 weeks after they receive no objetion from the embassy. Yes, your employer can apply for your H-1B based on your DoS recommendation (I assume that the locations of your future employment and your current J program fall within the same INS jurisdiction).

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
Voluntary employment

Thanks for the information, Jigesh.
In the end, I did convice my prospective employer that it was a bad idea to volunteer employment before getting the H1 visa.

Having said that, I want to put out another option that my foreign student\'s advisor gave for the benefit of others.

The advisor told that I could get an honorary postdoc or a \'visiting post doc\' title for a few months. This means that I will not get paid by the university, but can still remain in status. I could then,theoretically do anything else.

P.S Non-Legal point of view only
 
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