British Expats

British Expats (https://britishexpats.com/forum/)
-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   Volunteering on an L1 Visa (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/volunteering-l1-visa-840215/)

Doxom Aug 4th 2014 1:22 pm

Volunteering on an L1 Visa
 
Hello,

I've been a bit of a lurker for a few years on this forum, and have trawled the threads for answers to many questions in the past. I have always appreciated all the members inputs to some difficult questions, so I'm hoping to can get some advice on a current quandry...
I live in the US on an L1 visa from the UK. I have been offered a chance to become an instructor at a local martial arts school with the reward of free membership from my wife and I.
I am wondering if there are any legal rammifications from entering into such an agreement, and if there's anything I can do to mitigate any issues I may run into.

With regards,
Dom

crg Aug 4th 2014 1:28 pm

Re: Volunteering on an L1 Visa
 

Originally Posted by Doxom (Post 11358025)
Hello,

I've been a bit of a lurker for a few years on this forum, and have trawled the threads for answers to many questions in the past. I have always appreciated all the members inputs to some difficult questions, so I'm hoping to can get some advice on a current quandry...
I live in the US on an L1 visa from the UK. I have been offered a chance to become an instructor at a local martial arts school with the reward of free membership from my wife and I.
I am wondering if there are any legal rammifications from entering into such an agreement, and if there's anything I can do to mitigate any issues I may run into.

With regards,
Dom

Your authorization to work is only for your petitioner. You cannot volunteer for a commercial entity even for no remuneration. The "free" membership would be remuneration. Charitable/Nonprofit benefiting the community at large would generally be okay. Think soup kitchen or animal shelter. I don't see any mitigation. It's either legal or it's not. Legal ramifications can include status violation, denial of reentry or even removal which is odd considering how broken the immigration system is.

Doxom Aug 4th 2014 1:32 pm

Re: Volunteering on an L1 Visa
 
Thanks for a very clear and concise answer.
This is exactly why I use this forum.
Thanks again

scrubbedexpat099 Aug 4th 2014 3:15 pm

Re: Volunteering on an L1 Visa
 
One of those is it OK to cross the road questions.

Well you could get hit by a bus.

Doxom Apr 29th 2015 2:22 pm

Re: Volunteering on an L1 Visa
 
Hey guys,

I have a quick question someone might be able to answer quickly.
I have a GC application in, and they've sent me an EAD.
Does this mean I could safely do my volunteer work?

scrubbedexpat099 Apr 29th 2015 2:23 pm

Re: Volunteering on an L1 Visa
 
yes

Doxom Apr 29th 2015 2:37 pm

Re: Volunteering on an L1 Visa
 
As for a "cross the road" question before:
I'm sure, that when you had no prior experience of crossing the road, you asked whether it was ok. Otherwise, you'd likely be dead.

ian-mstm Apr 29th 2015 3:05 pm

Re: Volunteering on an L1 Visa
 

Originally Posted by Doxom (Post 11632370)
I have a GC application in, and they've sent me an EAD.
Does this mean I could safely do my volunteer work?

Yes. It also means you can take paid employment as well... or work for yourself.

Ian

Noorah101 Apr 29th 2015 4:06 pm

Re: Volunteering on an L1 Visa
 

Originally Posted by ian-mstm (Post 11632449)
Yes. It also means you can take paid employment as well... or work for yourself.

Ian

Just curious, can he take paid employment or work for himself AND continue working for the L1 sponsoring employer? Or would doing that violate the terms of the L1?

Rene

ian-mstm Apr 29th 2015 5:05 pm

Re: Volunteering on an L1 Visa
 

Originally Posted by Noorah101 (Post 11632515)
Just curious, can he take paid employment or work for himself AND continue working for the L1 sponsoring employer? Or would doing that violate the terms of the L1?

Good questions! From where I sit, so long as he remains in L-1 status he can continue to work for his L-1 sponsor. Since they're handling the AOS, I don't think he can actually stop working for them... but I don't believe having an EAD alters his status at all. With an EAD, he should be able to pick up a second job or start his own business - so long as he remains working for his L-1 sponsor long enough to get a green card... at which point, he can leave the L-1 sponsor and work for whomever he wants.

I'm sure Mr. Folinsky will be able to highlight a specific instance where such advice once went belly up on one of his clients - and therefore serves as a demonstration of my foolhardy response. He'll probably also note that none of us are lawyers.

Ian

sir_eccles Apr 29th 2015 5:11 pm

Re: Volunteering on an L1 Visa
 

Originally Posted by ian-mstm (Post 11632572)
I'm sure Mr. Folinsky will be able to highlight a specific instance where such advice once went belly up on one of his clients - and therefore serves as a demonstration of my foolhardy response. He'll probably also note that none of us are lawyers.

Ian

Don't forget vaguely suggesting some information may be correct and some may be wrong but all of it raises interesting questions :-)

Pulaski Apr 29th 2015 5:32 pm

Re: Volunteering on an L1 Visa
 

Originally Posted by sir_eccles (Post 11632577)
Don't forget vaguely suggesting some information may be correct and some may be wrong but all of it raises interesting questions. ....

Google sometimes provides insightful answers to interesting questions. :nod:

retzie Apr 29th 2015 6:33 pm

Re: Volunteering on an L1 Visa
 

Originally Posted by Noorah101 (Post 11632515)
Just curious, can he take paid employment or work for himself AND continue working for the L1 sponsoring employer? Or would doing that violate the terms of the L1?

Rene

My understanding is that as soon as one makes use of the EAD to take up non-L-1 work, the L-1 visa becomes invalid. At this point, your continuing work for the sponsoring employer would also be on the EAD (I don't know if the company would want you to officially switch to working for them on the EAD instead of L-1). If you were to leave the country, you would need to use AP to re-enter.


Out of curiosity: what martial art(s)?

S Folinsky Apr 30th 2015 3:17 pm

Re: Volunteering on an L1 Visa
 

Originally Posted by ian-mstm (Post 11632572)
Good questions! From where I sit, so long as he remains in L-1 status he can continue to work for his L-1 sponsor. Since they're handling the AOS, I don't think he can actually stop working for them... but I don't believe having an EAD alters his status at all. With an EAD, he should be able to pick up a second job or start his own business - so long as he remains working for his L-1 sponsor long enough to get a green card... at which point, he can leave the L-1 sponsor and work for whomever he wants.

I'm sure Mr. Folinsky will be able to highlight a specific instance where such advice once went belly up on one of his clients - and therefore serves as a demonstration of my foolhardy response. He'll probably also note that none of us are lawyers.

Ian

OK, you asked for it my dear sanctimonious prick. ;)

I agree with the first paragraph. I do not agree with the second one. The one case I've seen where was a FUBAR was where the non-citizen let both the H-1b and her EAD expire. [I mentioned elsewhere of a case where the attorney passed away]. This was after the June 2007 visa number backlog fiasco. But that was a unique set of facts not present here.

S Folinsky Apr 30th 2015 3:22 pm

Re: Volunteering on an L1 Visa
 

Originally Posted by retzie (Post 11632665)
My understanding is that as soon as one makes use of the EAD to take up non-L-1 work, the L-1 visa becomes invalid. At this point, your continuing work for the sponsoring employer would also be on the EAD (I don't know if the company would want you to officially switch to working for them on the EAD instead of L-1). If you were to leave the country, you would need to use AP to re-enter.


Out of curiosity: what martial art(s)?

Hmm, on the pedantic side I would not say that the L-1, either "visa" or "status" becomes invalid provided the underlying employment remains in place.


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