Au Pair visa and J1

[brownize 0]

Hi all,

I am currently on a J1 visa as an au pair. I have only been in the US for the last two months. Things did not work out with my host family and I am looking to transition to a new family. I found a new family but my current host family stipulated that I could not choose a new family within a 50 mile radius of them. Is there anyone out there that can help me answer the following questions?

1. If I do not find a new au pair position within my two week transition period, I would like to go stay with my brother while waiting for a new family. Can I do this?

2. Is my J-1 visa good and I can remain in the US, even though I am not working as an au pair. I understand I can't work otherwise in the US. But can I at least stay in the US until my visa expires?

If anybody on this board was an au pair, I would really really appreciate talking to you. I am very sad and confused right now. For example, is the 50mile rule standard? Or just made up by my host family to punish me for not staying with them??If I could go with the new family that wants me, things would be fine. But I feel stuck now since my current host family won't allow it.

Any immigration attorney you can recommend?

Thanks very very much to everyone.

[milimelo 4,539]

Hi all,

I am currently on a J1 visa as an au pair. I have only been in the US for the last two months. Things did not work out with my host family and I am looking to transition to a new family. I found a new family but my current host family stipulated that I could not choose a new family within a 50 mile radius of them. Is there anyone out there that can help me answer the following questions?

1. If I do not find a new au pair position within my two week transition period, I would like to go stay with my brother while waiting for a new family. Can I do this?

2. Is my J-1 visa good and I can remain in the US, even though I am not working as an au pair. I understand I can't work otherwise in the US. But can I at least stay in the US until my visa expires?

If anybody on this board was an au pair, I would really really appreciate talking to you. I am very sad and confused right now. For example, is the 50mile rule standard? Or just made up by my host family to punish me for not staying with them??If I could go with the new family that wants me, things would be fine. But I feel stuck now since my current host family won't allow it.

Any immigration attorney you can recommend?

Thanks very very much to everyone.

As an Au-Pair you should have a coordinator in your area who can assist with finding a new family and answering all your questions. If you don't have one locally, then there is the regional/national au-pair agency through which you came here - they're there to help you.

You should have an au-pair contract outlining your duties and what ifs and covering the topics such as a change of family. I don't think your current family can have any say in where you find the new family.

Best of luck to you.

[juliava 80]

Hi all,

I am currently on a J1 visa as an au pair. I have only been in the US for the last two months. Things did not work out with my host family and I am looking to transition to a new family. I found a new family but my current host family stipulated that I could not choose a new family within a 50 mile radius of them. Is there anyone out there that can help me answer the following questions?

1. If I do not find a new au pair position within my two week transition period, I would like to go stay with my brother while waiting for a new family. Can I do this?

I was an Au Pair so I will answer your questions from my experience.

It is the Au Pair agency responsability to find you another family. Usually they do find you another one in less than 2 weeks. Please be in contact with them and your counselor. If they fail-they would ask you to leave US, they will not approve you to go stay with your brother and leave the Au Pair Program, that is illegal.

While you are waiting for your rematch usually you are ok to stay with your counselor or anywhere else, but you have to notify the agency and the counselor for the approval. You will need to give them the address where you are going, the name of the person and the phone number.

I have never heard of the 50 miles radius, maybe things changed., but don't worry about that. Rematches happen all the time. I did that myself.

2. Is my J-1 visa good and I can remain in the US, even though I am not working as an au pair. I understand I can't work otherwise in the US. But can I at least stay in the US until my visa expires?

No, once you leave the program, you are illegal. Your J-1 visa is issued with that Au Pair agency, therefore you are authorized to work as an Au Pair only for that particular agency.

You don't need an immigration attorney. Call your counselor or your agency immediately. Like I said rematches are pretty normal.

If anybody on this board was an au pair, I would really really appreciate talking to you. I am very sad and confused right now. For example, is the 50mile rule standard? Or just made up by my host family to punish me for not staying with them??If I could go with the new family that wants me, things would be fine. But I feel stuck now since my current host family won't allow it.

Any immigration attorney you can recommend?

Thanks very very much to everyone.

[juliava 80]

Oh, and another thing. Do not listen to your family, listen to your counselor and your agency ONLY.

Families are clients of the agency, just like you and they could mislead you easily and make you "forget" your rights.

[brownize 0]

Thanks for your help. It really helps to read this.

Juilava, I have been working with my local coordinator who put in touch with a new family and we really liked each other a lot. But my current host family stipulated a condition that I cannot move to a new family within a 50 mile radius of them. I have never heard of this rule and neither had my local coordinator.

But the agency head coordinator says its a condition my host family wants and they won't relent and I cannot match up with the new family that wants me.

I even asked my current host family mother personally if she would relent and she said she was sorry but she couldn't help me and that she didn't want "the same thing that happened to her to happen to another family". Nothing happened except she has two children with autism (that I was not notified of in advance) and she expected me to cook and clean for both the children and her. Since I gave my two week notice, she has cut of wireless internet access, allowing me to use the computer only when she allows me. Cancelled the long distance phone service she let me use and hasn't bought me any food staples I need. I am stuck, don't drive, no friends, no public transportation. I am totally and completely dependent on her, which is what she wants.

I am so scared and angry at the same time. My local coordinator supports me, but the au pair agency is taking the family's side (i guess that is where they make their money) and I feel scammed.

I have a family that wants me. I can easily transition over. But for stupid punihsment, I am not allowed to.

So with my visa I can't even work for another au pair agency? I can't apply to a new agency? How long until I am out of status? Do I only have 30 days?

I want to stay with my currenty agency, I want to work, I spent a lot of money to get here and I don't want to lose everything I have worked for. I came on good faith. What else can I do?

[juliava 80]

Thanks for your help. It really helps to read this.

Juilava, I have been working with my local coordinator who put in touch with a new family and we really liked each other a lot. But my current host family stipulated a condition that I cannot move to a new family within a 50 mile radius of them. I have never heard of this rule and neither had my local coordinator.

But the agency head coordinator says its a condition my host family wants and they won't relent and I cannot match up with the new family that wants me.

I even asked my current host family mother personally if she would relent and she said she was sorry but she couldn't help me and that she didn't want "the same thing that happened to her to happen to another family". Nothing happened except she has two children with autism (that I was not notified of in advance) and she expected me to cook and clean for both the children and her. Since I gave my two week notice, she has cut of wireless internet access, allowing me to use the computer only when she allows me. Cancelled the long distance phone service she let me use and hasn't bought me any food staples I need. I am stuck, don't drive, no friends, no public transportation. I am totally and completely dependent on her, which is what she wants.

I am so scared and angry at the same time. My local coordinator supports me, but the au pair agency is taking the family's side (i guess that is where they make their money) and I feel scammed.

I have a family that wants me. I can easily transition over. But for stupid punihsment, I am not allowed to.

So with my visa I can't even work for another au pair agency? I can't apply to a new agency? How long until I am out of status? Do I only have 30 days?

I want to stay with my currenty agency, I want to work, I spent a lot of money to get here and I don't want to lose everything I have worked for. I came on good faith. What else can I do?

I am sorry that things got so ugly. It looks like you still have to keep waiting until the agency get you another family. The agency should find you somebody ASAP. What kind of support are they giving you if they can't find you another family?Don't get stuck with one family only if you can't work for them. The reason I am telling you this is simple: you can not work with your current visa for any other agency. Therefore, if they fail finding you a family within that 50 miles radius (again, I have never heard of this BS-by the way did you sign a contract saying this???)) - they will ask you to go home!!!!!My agency had a 2 week limit set up to find a rematch for an Au Pair. Be very careful!!!!

You know what? I think it's time for you to call the coordinator and ask her to get you out of there ASAP. You don't need that BS!

You can stay with your coordinator, she must help you, it is your right!

I wouldn't stay 1 more hour, I would start packing NOW!

I am telling you all these because I've been there. I had a crazy, gealous, paranoic host mother. I swalowed her BS for 6 months, I wrote down everything that she had ever done to me and I went to my coordinator and I told her everything. She really believed me because there was another girl before me who has been with the same family and she left because of her. The kids were fine, the host dad was fine, there were no other problems but hte host mom attitude was a mess. She was a real ######!At that time my counselor advised me to pack my stuff and wait for her call the next day to pick me up so I could stay at her house. The counselor called the host mom the next day and she went crazy when she heard that I was about to leave exactly that day. That was against the Au Pair program rules that were stipulating to stay 3 more days with the family after the notice. Oh, NO!I told them that I don't care, I am aware that I go against the 3 - day rule, bu they can't force me to stay under the same roof with that crazy woman, especially now when she knows I am leaving. I gave her MONTHS of chances to change her attitude, well, I won't give her any more, not even 1 day!

You know what?They had nothing left to say, my intentions were good, I was not planning to leave the agency, I just wanted to change the family.

They helped me to get out of that house, they find me a new very nice family and I was able to finish the program successfully. I didn't have the 50 miles radius rule though. I moved from NY to MA.

Ask about your rights. Don't swallow that BS anymore. Again, pack your stuff now.