The safest approach is to wait for approval before starting any activity at the company sponsoring your H-1B, even if it is unpaid. The H-1B presupposes a formal, authorized employment relationship, and activity performed before approval may be interpreted differently by the authorities.
The sensitive point is this: if the volunteer work at the company contributes to the duties of the position for which you are being sponsored, it may be interpreted as professional activity. Without proper authorization, that can constitute unauthorized work, even if no one is being paid.
- The H-1B requires a formal employment relationship, as described in the petition.
- Volunteering at the sponsoring company itself may be viewed as professional activity.
- Unauthorized work can affect the current petition and future attempts.
Since every situation has its nuances, avoid starting any activities at the sponsoring company before approval and confirm the boundaries with an immigration specialist, relying on official USCIS sources.
Learn more about H-1B
- Initial validity
- 3 years
- Extension
- Up to 6 years total
- Annual cap
- 85,000 visas
- Processing
- 6-12 months
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.