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nikhilganu

unpaid internship while on an H4 visa

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Is it legal and permissible to take up an unpaid internship while in the US on an H-4 visa?

 

My wife has applied for a COS from H-1 to H-4 and the application is still pending with the USCIS.

 

Thanks,

Nikhil

 

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Is it legal and permissible to take up an unpaid internship while in the US on an H-4 visa?

 

My wife has applied for a COS from H-1 to H-4 and the application is still pending with the USCIS.

 

Thanks,

Nikhil

Nope. She can only do volunteer work like helping in a church, etc.

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That is NOT allowed!

Actually, unpaid internship are generally not allowed under the labor laws, anyway.

And a person on H4 can NOT do this at all. Period.

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My wife is doing MS on H4. She needs to do 2 credits internship to complete her degree. She discussed with the admission committee and they said work permit had nothing to do with the internship. Now the program coordinator has given her a list of internships available from which she needs to give preferences and then appear for interviews. The only problem is this internship is NOT OPTIONAL.

 

Also I had posted the a question on another form where attorneys said that if she is getting TRUE CREDITS and NO PAY, than she can. http://www.*************.com

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My wife is doing MS on H4. She needs to do 2 credits internship to complete her degree. She discussed with the admission committee and they said work permit had nothing to do with the internship. Now the program coordinator has given her a list of internships available from which she needs to give preferences and then appear for interviews. The only problem is this internship is NOT OPTIONAL.

 

Also I had posted the a question on another form where attorneys said that if she is getting TRUE CREDITS and NO PAY, than she can. http://www.*************.com

She can not do that on H4.

She would have to change to F1. Then she can get pre-completion OPT to do the internships.

Further, unpaid internships often violate labor laws.

From a NYT 2010 article:

"The Labor Department says it is cracking down on firms that fail to pay interns properly and expanding efforts to educate companies, colleges and students on the law regarding internships.

“If you’re a for-profit employer or you want to pursue an internship with a for-profit employer, there aren’t going to be many circumstances where you can have an internship and not be paid and still be in compliance with the law,” said Nancy J. Leppink, the acting director of the department’s wage and hour division."

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