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Is per diem allowed without work authorization?

Is per diem allowed without work authorization?

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Old Jan 27th 2004, 1:23 am
  #1  
Grover
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Posts: n/a
Default Is per diem allowed without work authorization?

Hi,

I just finished my curricualar practicum training at a US organization
and still have time till May to present my thesis and get Master's
degree. After getting degree I have a possibility for one more year
of optional practicum training. Meanwhile the company is willing to
cover my living expences ($400 per month for housing and $200 for
food)if I agree to volunteer for them to finish the project. It is
fine with me if the company pays directly to my land-lady and
purchases for me supermarket gift sertificates. They do not have,
however, budget lines for these expences and they suggest me to pay in
cash $600 per month in form of per diem. They say it is not violation
of INS rules, since it is my expence and not my salary. I am not
quite sure they are right. Does anyone know if receiving per diem is
allowed by INS if my employment authorization has expired?
 
Old Jan 27th 2004, 5:45 am
  #2  
Danny Davis
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Posts: n/a
Default Re: Is per diem allowed without work authorization?

It isn't wages or tips. They are only covering expenses for volunteer work.
I know volunteer work is allowed. So I am guessing yes it is OK.

"grover" <[email protected]> wrote in message
news:[email protected]...
    > Hi,
    > I just finished my curricualar practicum training at a US organization
    > and still have time till May to present my thesis and get Master's
    > degree. After getting degree I have a possibility for one more year
    > of optional practicum training. Meanwhile the company is willing to
    > cover my living expences ($400 per month for housing and $200 for
    > food)if I agree to volunteer for them to finish the project. It is
    > fine with me if the company pays directly to my land-lady and
    > purchases for me supermarket gift sertificates. They do not have,
    > however, budget lines for these expences and they suggest me to pay in
    > cash $600 per month in form of per diem. They say it is not violation
    > of INS rules, since it is my expence and not my salary. I am not
    > quite sure they are right. Does anyone know if receiving per diem is
    > allowed by INS if my employment authorization has expired?
 
Old Jan 27th 2004, 6:27 am
  #3  
Mrraveltay
Guest
 
Posts: n/a
Default Re: Is per diem allowed without work authorization?

grover wrote:

    > Hi,
    >
    > I just finished my curricualar practicum training at a US organization
    > and still have time till May to present my thesis and get Master's
    > degree. After getting degree I have a possibility for one more year
    > of optional practicum training. Meanwhile the company is willing to
    > cover my living expences ($400 per month for housing and $200 for
    > food)if I agree to volunteer for them to finish the project. It is
    > fine with me if the company pays directly to my land-lady and
    > purchases for me supermarket gift sertificates. They do not have,
    > however, budget lines for these expences and they suggest me to pay in
    > cash $600 per month in form of per diem. They say it is not violation
    > of INS rules, since it is my expence and not my salary. I am not
    > quite sure they are right. Does anyone know if receiving per diem is
    > allowed by INS if my employment authorization has expired?

Is this a job that someone would be getting paid for if they could
legally work in the US? This doesn't even sound like they are paying
you minimum wage. Do they pay other people for doing similar work?
If I was doing something like this, I would consult with an attorney first.

Since this is a marriage based newsgroup, are you planning on getting a
marriage based adjustment of status? If so, then you should apply for
Employment Authorization.
 
Old Jan 27th 2004, 10:29 am
  #4  
Andy Platt
Guest
 
Posts: n/a
Default Re: Is per diem allowed without work authorization?

*True* volunteer work is allowed. Work that would replace or potentially
replace paid work would not be allowed even if you are unpaid. This seems to
fall under the latter but it's a very grey area.

Andy.

--
I'm not really here, it's just your warped imagination
"Danny Davis" <[email protected]> wrote in message
news:tDnRb.176$ay1.173@okepread05...
    > It isn't wages or tips. They are only covering expenses for volunteer
work.
    > I know volunteer work is allowed. So I am guessing yes it is OK.
    > "grover" <[email protected]> wrote in message
    > news:[email protected]...
    > > Hi,
    > >
    > > I just finished my curricualar practicum training at a US organization
    > > and still have time till May to present my thesis and get Master's
    > > degree. After getting degree I have a possibility for one more year
    > > of optional practicum training. Meanwhile the company is willing to
    > > cover my living expences ($400 per month for housing and $200 for
    > > food)if I agree to volunteer for them to finish the project. It is
    > > fine with me if the company pays directly to my land-lady and
    > > purchases for me supermarket gift sertificates. They do not have,
    > > however, budget lines for these expences and they suggest me to pay in
    > > cash $600 per month in form of per diem. They say it is not violation
    > > of INS rules, since it is my expence and not my salary. I am not
    > > quite sure they are right. Does anyone know if receiving per diem is
    > > allowed by INS if my employment authorization has expired?
 
Old Jan 27th 2004, 6:34 pm
  #5  
Mrraveltay
Guest
 
Posts: n/a
Default Re: Is per diem allowed without work authorization?

Danny Davis wrote:
    > It isn't wages or tips. They are only covering expenses for volunteer work.
    > I know volunteer work is allowed. So I am guessing yes it is OK.

It sounds like these are living expenses he has been paying all along,
and now would be working to get someone else to pay them. It sounds like
working for pay to me, but I'm not a lawyer.
 
Old Jan 27th 2004, 6:52 pm
  #6  
BE Forum Addict
 
Joined: Oct 2002
Posts: 1,228
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Default Re: Is per diem allowed without work authorization?

Big guess.

What visa are you on? OPT is for student visas.


Originally posted by Danny Davis
It isn't wages or tips. They are only covering expenses for volunteer work.
I know volunteer work is allowed. So I am guessing yes it is OK.

"grover" <[email protected]> wrote in message
news:[email protected]...
    > Hi,
    > I just finished my curricualar practicum training at a US organization
    > and still have time till May to present my thesis and get Master's
    > degree. After getting degree I have a possibility for one more year
    > of optional practicum training. Meanwhile the company is willing to
    > cover my living expences ($400 per month for housing and $200 for
    > food)if I agree to volunteer for them to finish the project. It is
    > fine with me if the company pays directly to my land-lady and
    > purchases for me supermarket gift sertificates. They do not have,
    > however, budget lines for these expences and they suggest me to pay in
    > cash $600 per month in form of per diem. They say it is not violation
    > of INS rules, since it is my expence and not my salary. I am not
    > quite sure they are right. Does anyone know if receiving per diem is
    > allowed by INS if my employment authorization has expired?
DCMark is offline  

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