My roommate is here on a Student Visa from India and works at a Subway...?
She works like 60 hours a week at a Subway and says she does not get overtime pay. The law here states that any hours over 40 are required to be paid time and a half. Is she s=working illegally? I thought on a Student visa you could only work for the school? shes off tuesdays, most days shes gone from 8a-11p. she stays up real late at night, i swear she sleeps only four hours a night
Immigration - 6 Answers
Random Answers, Critics, Comments, Opinions :
1 :
She is working illegally. She could work on campus but could not work off campus without special authorization and even then no more than 20 hours per week while school is in session.
2 :
how does anyone go to school and works 60 hours per week ? that would be like 10 hours daily with an off day , don't think its possible so maybe your calculations are a bit wrong , and yes as an student you are suppose to work limited hours , either way im not sure whats the deal ? people say there is not enough work places for them and then there is people who have two jobs . edit : ok so does she even go to school ? worst thing i can see in your question is the fact than she isn't being paid over time ... btw i have met at least a person who used to do the same but not at school , i believe he had three jobs .
3 :
If she is working off-campus, she is working illegally, and if she is working full-time, she is probably not going to school, which means her student visa may have been cancelled and she may be out of status and deportable. Lots of foreign students come here with F-1 visas, quit when they run out of money, and then start working illegally while trying to figure out how to get a green card, usually by marrying a US citizen.
4 :
She is in BIG trouble. Student and working visas are two different things. One cannot do whatever they want when they are in the US on a student visa. Even though it is summer vacation, she is being taken advantage of with all those hours and no OT. Her employer is typically an idiot running a fast food joint. In ALL states, not asking to see her Soc. Sec. Card is a federal & State violation. This employer is using her, paying slave wages and Off the books & against the law. That Subway should be put out of business. You should report the Subway. It might save other desperate girls who are able to be manipulated by employers.
5 :
Yes,she is working illegally. She can only work part time on campus while on a student visa. When she gets caught,she will lose her student visa.
6 :
I always read that Subway uses E-Verify, this just proves how worthless E-Verify really is. If she's not getting payed over time, most likely her employers are aware that she's not allowed to work outside of the campus and use this as an advantage to save some bucks on labor. She needs to find an on-campus job before she gets caught.
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