Little tricky question concerning B1 PLEASE HELP

[leeloo]

I currently live in USA and I work as an aupair. I have J1 visa (this is my second year) but my contract with the family is about to expire next October. I got very close with the family and I would love to stay and work for them after my contract. They offered me to stay as a nanny and still live with them in their house. My question is what I should do now? I think first apply for changing status from visitor (J1) to business (B1)? Where to do it? In Embassy? Where to send the proper papers? And what's then? Who should we present contract? Should we write contract by ourselves? Where do they would need to go with ther bank statements and proof I worked for them 2 years?
I really don't know where to start and I know it takes time so I would like to start collecting all the documents now.

[peace999]

B1 is NOT the correct visa for you. B1 is for short business trips to US , not for long term work.

What you need is a work visa or a green card.

Please answer;
1. Do you want to live in the US permanently or only for a few years?
2. What is your nationality ( what country's passport do you hold?)
3. Are you single or married?
4. What is your education?

[leeloo]

Work visa? What type of visa is it? I've read somewhere that B1 is also domestic visa for house keepers, baby sitters, cleaners etc.

I am planning to stay just a couple of years and live with my employers. I am from Poland (already here 1 year and still have one year till my visa expires). I've got B.A degree and I am single, not planning to get married.

What type of visa i should apply for? Is it possible am I going to face any problems with getting a visa as a nanny? I dont know where to start.

[leeloo]

The information that I found

The H-1B visa is restricted to those jobs that require the applicant to have attained a bachelor's degree (or higher) and cannot be issued for a childcare, senior care or housekeeping position. The H-1B visa also stipulates that the "employee" must be paid the prevailing wage for the specified job.

Green card is complicated and its about sponsoring.

I would like just to work for that family for a year or two more. I am not planning to stay here and don't want them to pay some crazy money (like a sponsorship) just to keep me here. I Thought about switching the status since I have my J1 already, signing the contract with them and work. Is that possible?

[peace999]

B1 can be used by domestic employees when they travel to US with their employer who is also coming to US on B1 or B2 for a short trip of upto few months.

It is not for you. H1b is not for you either, you are correct.

If you do not want a green card, then I can only think of two options for you;

1.Extension of J1 beyond the 2 years.


2.H2b visa( temporary need). Poland qualifies for H2b. People who qualify for H2b, can renew for upto 3 years.
For H2b, you will need a good attorney because it is tricky and difficult.

for both you will need to spend for attorneys.

[leeloo]

I just knew it that it can't be so smooth ;( I am sorry for taking your time but I am lost. Completely.

The simplest option would be switching from J1 to F1 and go to University. The problem is my B.A degree from my country is not an equivalent to B.A degree here and I would not be able to start M.A degree in the field I am interested in. I am 25 years old and do not want to spend my time to get another B.A degree in some other field.

About J1.. I do not know if it would be possible. I came here last year on J1 visa (which allowed me to travel outside US) after I year I got my J1 extended (now I cannot travel outside) and my visa is expired. I've read somewhere that maximum duration on J1 is 2 years. Do you think extending this would be possible? Where I should try to do it? Look for some forms and send them to Embassy? Why do you think I would need an attorney? How long this process could possibly take?

The other visa you mentioned Hb2 (don't remember the name) seems very complicated and difficult. I would like to try to stick to extending J1 because both of them are complicated but J1 seems more possible to me.

[peace999]

I posted a link about extending J1 beyond 2 years but this forum removed it. But it sounded difficult too.

F1 , even if possible , would require a lot of money as tuitions in US are very expensive.

If you would like to go to canada, they have a personal care giver program that would suit you, after 2 years you can apply for PR
inside canada.

[leeloo]

The point is I live almost in New York City and I love it and I want to stay here.

I've read about J1, they might extend it beyond 2 years only when you prove you started something that you are not able to finish on time (like a program, school, course) and it's difficult too. They are not very willing to extend it..And by next October I would be done with my program on time so I have no reasons to extend it.

It makes me really sad. I love the family, I love the place and all experience.. Don't know what to do... Maybe I'll look for some legal advice maybe somebody who knows it very well would be able to help me ;(

[peace999]

Get a good attorney and try for H2b.