Adherence to H1B Activities
#1
Forum Regular
Thread Starter
Joined: Mar 2007
Location: Georgia, USA
Posts: 113
Adherence to H1B Activities
I’m a research assistant professor at a University in Georgia. Last week my boss stated that all staff including me would be required to spend half a day doing volunteer work which involves either making sandwiches for homeless people or delivering the sandwiches to their homes. I didn’t go to this (I went to work instead) because
1) I was inundated with deadlines which I felt I wouldn’t be able to honor if I did not spend the time on my work;
2) I was worried about the legal ramifications of doing non H1B tasks in another organization/ off site. My boss is now alleging that my failure to do the "mandatory voluntary work" is insubordination. I’d be grateful for any advice on my rights with regard to this issue.
Is the fact that she was trying to make me carry out non H1B tasks a valid defense against her insubordination allegations?
PS During my tenure in this position I’ve been asked to do several tasks which don’t correspond with the H1B activities outlined in my H1B petition, e.g. addressing envelopes, sending out standard letters, producing minutes for meetings, registration and time keeping duties in relation to events and event planning.
Thanks in advance.
1) I was inundated with deadlines which I felt I wouldn’t be able to honor if I did not spend the time on my work;
2) I was worried about the legal ramifications of doing non H1B tasks in another organization/ off site. My boss is now alleging that my failure to do the "mandatory voluntary work" is insubordination. I’d be grateful for any advice on my rights with regard to this issue.
Is the fact that she was trying to make me carry out non H1B tasks a valid defense against her insubordination allegations?
PS During my tenure in this position I’ve been asked to do several tasks which don’t correspond with the H1B activities outlined in my H1B petition, e.g. addressing envelopes, sending out standard letters, producing minutes for meetings, registration and time keeping duties in relation to events and event planning.
Thanks in advance.
#2
Re: Adherence to H1B Activities
I’m a research assistant professor at a University in Georgia. Last week my boss stated that all staff including me would be required to spend half a day doing volunteer work which involves either making sandwiches for homeless people or delivering the sandwiches to their homes. I didn’t go to this (I went to work instead) because
1) I was inundated with deadlines which I felt I wouldn’t be able to honor if I did not spend the time on my work;
2) I was worried about the legal ramifications of doing non H1B tasks in another organization/ off site. My boss is now alleging that my failure to do the "mandatory voluntary work" is insubordination. I’d be grateful for any advice on my rights with regard to this issue.
Is the fact that she was trying to make me carry out non H1B tasks a valid defense against her insubordination allegations?
PS During my tenure in this position I’ve been asked to do several tasks which don’t correspond with the H1B activities outlined in my H1B petition, e.g. addressing envelopes, sending out standard letters, producing minutes for meetings, registration and time keeping duties in relation to events and event planning.
Thanks in advance.
1) I was inundated with deadlines which I felt I wouldn’t be able to honor if I did not spend the time on my work;
2) I was worried about the legal ramifications of doing non H1B tasks in another organization/ off site. My boss is now alleging that my failure to do the "mandatory voluntary work" is insubordination. I’d be grateful for any advice on my rights with regard to this issue.
Is the fact that she was trying to make me carry out non H1B tasks a valid defense against her insubordination allegations?
PS During my tenure in this position I’ve been asked to do several tasks which don’t correspond with the H1B activities outlined in my H1B petition, e.g. addressing envelopes, sending out standard letters, producing minutes for meetings, registration and time keeping duties in relation to events and event planning.
Thanks in advance.
The 'forced' volunteerism is a new thing at work here. I don't know the 'legalese' answer to your question, but I know that USCs face the same sort of pressure.
I personally don't think it would break the terms of your H-1B but I don't think boss' claim of insubordination is appropriate either. You've put yourself in the 'not a team player' basket though.
All the more reason to get that application going! Hang in there!
#3
BE Forum Addict
Joined: Mar 2008
Location: Santa Cruz, CA
Posts: 4,913
Re: Adherence to H1B Activities
I think that you are taking a needlessly narrow view of what you are allowed to do while on an H1B visa, but I also think that it is ridiculous for any employer to attempt to "require" their staff to participate in volunteer activities.
I also believe that anyone outside of the military who actually seriously uses the term "insubordination" is, by definition, a pompous ass, a jerk, and someone I would not under any circumstances want to work either for or with ...
I also believe that anyone outside of the military who actually seriously uses the term "insubordination" is, by definition, a pompous ass, a jerk, and someone I would not under any circumstances want to work either for or with ...
#4
Re: Adherence to H1B Activities
i think you could have handled it differently with hindsight. I would have sent an email or memo stating your deadlines and requesting to be excused from the activity so as to not impact them. I expect she would have disagreed anyway - but at least you could cover yourself against not meeting the deadlines. You could even have asked her which of the deadlines was the one that should slip - so she realises the cost of her request.
#5
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Joined: Oct 2004
Location: The People's Republic of Evanstion, IL
Posts: 332
Re: Adherence to H1B Activities
Chicago annually has one of those Saturdays where companies get their employees to go out and paint a school. It's one of those events where my company regards their employees attending as mandatory regardless of H1B status. I don't see how doing one day of voluntary work would be considered as outside my H1B I'm not depriving a fellow Chicagoan of work
Hope Georgia isn't one of those "At Will" States you might be finding yourself on a plane back home, I've seen several colleagues get onto the wrong side of their boss
Hope Georgia isn't one of those "At Will" States you might be finding yourself on a plane back home, I've seen several colleagues get onto the wrong side of their boss
Last edited by dave2702; Jun 24th 2008 at 8:25 pm.
#6
Re: Adherence to H1B Activities
Clare, I've read your accounts of the saga of you and your boss with interest.
I've concluded that I side with your boss. You sound like the employee from hell.
Have a nice day!
I've concluded that I side with your boss. You sound like the employee from hell.
Have a nice day!
#7
Just Joined
Joined: May 2008
Posts: 14
Re: Adherence to H1B Activities
Well if I was in your position, and my boss asked me to do it, I would just do it. I would feel very lucky and privileged to have an H1B and helping those less fortunate than yourself, during a normal working day is surely a good thing isn't it? Besides it gets you out of the office
#8
Re: Adherence to H1B Activities
Chicago annually has one of those Saturdays where companies get their employees to go out and paint a school. It's one of those events where my company regards their employees attending as mandatory regardless of H1B status. I don't see how doing one day of voluntary work would be considered as outside my H1B I'm not depriving a fellow Chicagoan of work
Hope Georgia isn't one of those "At Will" States you might be finding yourself on a plane back home, I've seen several colleagues get onto the wrong side of their boss
Hope Georgia isn't one of those "At Will" States you might be finding yourself on a plane back home, I've seen several colleagues get onto the wrong side of their boss
In this case, I'd read the small print of what your duties would include, if it says anything along the lines "...and any other duties inline with the job..." you'd be SOL and should have gotten that scratched from the contract if you didn't want to be doing this sort of thing, or doing minutes etc.
Might be irrelevant if the state is at will, they could just chose to can you, all they'd have to do is provide a ticket home, they wouldn't have to pick the tab to repatriate the rest of your crap though.
#9
Re: Adherence to H1B Activities
I’m a research assistant professor at a University in Georgia. Last week my boss stated that all staff including me would be required to spend half a day doing volunteer work which involves either making sandwiches for homeless people or delivering the sandwiches to their homes.
#11
Re: Adherence to H1B Activities
I’m a research assistant professor at a University in Georgia. Last week my boss stated that all staff including me would be required to spend half a day doing volunteer work which involves either making sandwiches for homeless people or delivering the sandwiches to their homes. I didn’t go to this (I went to work instead) because
1) I was inundated with deadlines which I felt I wouldn’t be able to honor if I did not spend the time on my work;
2) I was worried about the legal ramifications of doing non H1B tasks in another organization/ off site. My boss is now alleging that my failure to do the "mandatory voluntary work" is insubordination. I’d be grateful for any advice on my rights with regard to this issue.
Is the fact that she was trying to make me carry out non H1B tasks a valid defense against her insubordination allegations?
PS During my tenure in this position I’ve been asked to do several tasks which don’t correspond with the H1B activities outlined in my H1B petition, e.g. addressing envelopes, sending out standard letters, producing minutes for meetings, registration and time keeping duties in relation to events and event planning.
Thanks in advance.
1) I was inundated with deadlines which I felt I wouldn’t be able to honor if I did not spend the time on my work;
2) I was worried about the legal ramifications of doing non H1B tasks in another organization/ off site. My boss is now alleging that my failure to do the "mandatory voluntary work" is insubordination. I’d be grateful for any advice on my rights with regard to this issue.
Is the fact that she was trying to make me carry out non H1B tasks a valid defense against her insubordination allegations?
PS During my tenure in this position I’ve been asked to do several tasks which don’t correspond with the H1B activities outlined in my H1B petition, e.g. addressing envelopes, sending out standard letters, producing minutes for meetings, registration and time keeping duties in relation to events and event planning.
Thanks in advance.
Personally, I think the volunteer work is a good idea, giving back to the community in which you live and work. I'm afraid I have little sympathy, a few hours out of your working day, is hardly an imposition.
#12
Re: Adherence to H1B Activities
Gee, if I adhered strictly to what it said under H1-B tasks, I'd have had my arse kicked back to blighty ages ago!!!
Personally, I think the volunteer work is a good idea, giving back to the community in which you live and work. I'm afraid I have little sympathy, a few hours out of your working day, is hardly an imposition.
Personally, I think the volunteer work is a good idea, giving back to the community in which you live and work. I'm afraid I have little sympathy, a few hours out of your working day, is hardly an imposition.
#13
BE Forum Addict
Joined: Sep 2006
Posts: 1,966
Re: Adherence to H1B Activities
PS During my tenure in this position I’ve been asked to do several tasks which don’t correspond with the H1B activities outlined in my H1B petition, e.g. addressing envelopes, sending out standard letters, producing minutes for meetings, registration and time keeping duties in relation to events and event planning.