IS volunteer job ok on H1b when EB1 (140/485 pending)

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eb2007

Registered Users (C)
Hi gurus..
Please help me with this urgent question. Is it possible to work part time as a volunteer (pharmacy intern) on academic H1b? I plan to work on weekends to complete my stipulated intern hours. I hope it is legal and doesnot violate my pending EB-1 petition.
Note: I intend to work with private employer as volunteer on my nonprofit H1b.
Please reply
Thanks
 
You cannot work in the US without authorization. Even work you don't get paid for is illegal, except when authorized. If you filed for I-485 you can file for EAD and then switch from H1B to EAD. In that case you can work both jobs.
 
I do not think there is a problem . When H4 can do voluntary job which is legally allowed as long as it is voluntary and unpaid.
 
skvadivel said:
I do not think there is a problem . When H4 can do voluntary job which is legally allowed as long as it is voluntary and unpaid.
Click to expand...

Unfortunally USCIS thinks other way.

You can use the experience, which you get on the volunteer job to find sponsorship to get paid, they do not want you to get advantage over citizens
 
Last edited by a moderator:
eb2007,

I think sfmars is correct - the type of employment you are seeking is probably going to be considered unauthorized because of the nature of the employer and work. Generally, working for a private employer in an occupation which is "market" and is usually paid or training-based is considered employment and not volunteer work.

Here's more information from www.laborimmigration.com.
 
As per the laborimmigration.com.......
One should look at whether Americans would perform the same job without pay and under similar circumstances and if the answer is “yes,” then a foreign national in an employment-restricted status can volunteer and work without pay.

This is copy-paste from the website. So i know that Pharmacy students (citizens) work as Pharmacy intern without pay but others get paid for that. So still it appears to be a gray area. I don't know what to do??
 
eb2007 said:
As per the laborimmigration.com.......
One should look at whether Americans would perform the same job without pay and under similar circumstances and if the answer is “yes,” then a foreign national in an employment-restricted status can volunteer and work without pay.

This is copy-paste from the website. So i know that Pharmacy students (citizens) work as Pharmacy intern without pay but others get paid for that. So still it appears to be a gray area. I don't know what to do??
Click to expand...

Read the first couple of lines too.
"However, if the volunteer work you are seeking is for a true volunteer position, for example working for a non-for-profit organization such as a museum, a fire-station, a school or a church where there is no general expectation of compensation, then volunteering and working without pay would be legal."

You are not working for a not-for-profit organization. That is the only exception where you can volunteer and work even though you do not have valid visa.

For every thing else irrespective of what you wrote, it is illegal.

The cause you wrote is applicable to not-for-profit organization. Because museum, a fire-station, a school or a church etc. are also having paid employees to do the job. But you volunteer.
 
Thanks NIW help. I think you are correct. It seems that I'm running out of options now...
I'll be needing the forum member guidance regarding my situation. I'll post my case soon.
 
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