Russian Girlfriend on Au-Pair J-1 Visa

[Satellite 1]

For Aupair - if you leave the program (find another job and abandon the program) then she would be out of status. That's what I understand anyway from working as an aupair and with the aupair office in Bangkok.

The example I use is from personal experience. A ski resort near by always hired J-1 visa holders from South America to work. Most of them quickly realized that the ski resort wasn't paying them much. So they got second jobs at nearby restuarants. Others left all together. Most of them confirmed that their program allowed them to change or add another employer. Perhaps everyone involved was breakng the law.

[Irisheyes 0]

For Aupair - if you leave the program (find another job and abandon the program) then she would be out of status. That's what I understand anyway from working as an aupair and with the aupair office in Bangkok.

The example I use is from personal experience. A ski resort near by always hired J-1 visa holders from South America to work. Most of them quickly realized that the ski resort wasn't paying them much. So they got second jobs at nearby restuarants. Others left all together. Most of them confirmed that their program allowed them to change or add another employer. Perhaps everyone involved was breakng the law.

I'm thinking their restaurant work may have been on the QT! My J-1 was non-transferrable, it was a work-study programme, I was teaching at the same school as I studied. Any J-1's that I know of are issued for specific programs, usually through colleges and are related the student's areas of study.

[Satellite 1]

And if her J-1 is a multi-entry visa, I don't think her AOS would be abandoned if she left the country and returned, but I might be wrong on this. Remember, that K-3s can go back and forth as well as it too is a multi-entry visa.

Wrong. J-1 isn't dual intent. You can't travel on it while AOS is pending unlike you can on say, an H-1B.

Thank for the correction.

Here is an interesting comparison on the subject.

http://www.stanford.edu/dept/icenter/Inter...info.table.html

[zyggy 9]

A J-1 is not a dual-intent visa, once the I-130 and I-485 is accepted, the status is cancelled. Therefore, if you wish to work, you would need an EAD and AP would be required in order to reenter the US. The only non-immigrant visa that does not become void upon filing of an I-485 is a H visa.

One can switch job while on a J-1 because it is tied to a sponsor that is not the employer. Therefore, as long as the J-1 holder is engaged in employment that is in accordance with the agreement between the sponsor and the alien, then the J-1 is still valid.

[Dr_LHA 3]

A J-1 is not a dual-intent visa, once the I-130 and I-485 is accepted, the status is cancelled. Therefore, if you wish to work, you would need an EAD and AP would be required in order to reenter the US. The only non-immigrant visa that does not become void upon filing of an I-485 is a H visa.

I thought this was the case, thanks for clearing that up zyggy.

[Satellite 1]

A J-1 is not a dual-intent visa, once the I-130 and I-485 is accepted, the status is cancelled.

Does this occur at the NOA1? Would the employer be notified that the person is out of status? Because if not, just like over staying this will be forgiven upon a successful adjustment.

Also,

I'm thinking their restaurant work may have been on the QT!

I'm, not good with the Acronyms but what is "QT"?

http://www.acronymfinder.com/af-query.asp?...onym=QT&s=r

[Irisheyes 0]

A J-1 is not a dual-intent visa, once the I-130 and I-485 is accepted, the status is cancelled.

Does this occur at the NOA1? Would the employer be notified that the person is out of status? Because if not, just like over staying this will be forgiven upon a successful adjustment.

Also,

I'm thinking their restaurant work may have been on the QT!

I'm, not good with the Acronyms but what is "QT"?

http://www.acronymfinder.com/af-query.asp?...onym=QT&s=r

Sorry, lol, 'on the QT' is an abbreviation of 'on the quiet' or without anyones knowledge. I guess it's just slang.

[Dr_LHA 3]

A J-1 is not a dual-intent visa, once the I-130 and I-485 is accepted, the status is cancelled.

Does this occur at the NOA1? Would the employer be notified that the person is out of status? Because if not, just like over staying this will be forgiven upon a successful adjustment.

Time between filing AOS and recieving your Green Card are not considered "out of status" so there is nothing to be forgiven. However if the person continues to work without obtaining the EAD, then that is not allowed and will require "forgiveness".

[anya-D 8]

One can switch job while on a J-1 because it is tied to a sponsor that is not the employer. Therefore, as long as the J-1 holder is engaged in employment that is in accordance with the agreement between the sponsor and the alien, then the J-1 is still valid.

for aupair.. as long as you are still an aupair in the program - you can switch to a different house (host family) that participate in that particular aupair program. (i think 2 times max) but if you change to a different pofession.. then the J-1 would be cancle and not valid.

[zyggy 9]

A J-1 is not a dual-intent visa, once the I-130 and I-485 is accepted, the status is cancelled.

Does this occur at the NOA1? Would the employer be notified that the person is out of status? Because if not, just like over staying this will be forgiven upon a successful adjustment.

Yes.. it occurs at the NOA1. And no, the sponsor and employer would not be notified... and yes, working while an adjustment applicant is typically forgiven upon a successful adjustment.

Would the sponsor know if the applicant got married and filed for adjustment. Maybe.. can't say what the sponsor and subsequently the employer would do if such a thing were to occur.

Edited November 16, 2006 by zyggy

[anya-D 8]

Does this occur at the NOA1? Would the employer be notified that the person is out of status? Because if not, just like over staying this will be forgiven upon a successful adjustment.

Also,

For aupair (I'm not sure what kinda of J-1 u r asking about) the host family of the aupair that is out of status would also be out of the program becasue the host family that is participate in aupair program would only have aupair that have valid J-1

But a lot of family that fall inlove with their aupair and want to continue with her after the max 2 years aupair program, they are also get out of the program and the aupair apply for change of staus to F-1 (student - normally)

A J-1 is not a dual-intent visa, once the I-130 and I-485 is accepted, the status is cancelled.

Does this occur at the NOA1? Would the employer be notified that the person is out of status? Because if not, just like over staying this will be forgiven upon a successful adjustment.

Yes.. it occurs at the NOA1. And no, the sponsor and employer would not be notified... and yes, working while an adjustment applicant is typically forgiven upon a successful adjustment.

Would the sponsor know if the applicant got married and filed for adjustment. Maybe.. can't say what the sponsor and subsequently the employer would do if such a thing were to occur.

I can say only for aupair program.. yes the sponser (aupair program) would know if the aupair run away or not coming back to home country - normally the host family are the one who notify the program (so they could get a new aupair or be taking out of the program)

Edited November 16, 2006 by anya-D

[Glorya 0]

I was au-pair too.. Don't hesitate to e-mail if you have any questions.

[BCCRAGE 0]

Thanks for everyone's replies. They have been extremely helpful.

What I am going through right now is the decision to either tell her to extend the program for 9 more months, which would allow us to hopefully get everything approved..........or............with this new insight from this discussion, it sounds like I could send all the necessary forms and she would not be "overstaying" her visa since her I-485 is being processed.

With the first scenario, will she be able to get approved for her AOS while she continues in the AuPair program for 9 additional months or will the USCIS postpone or deny the AOS till the program is over?

Thanks for your thoughts.

-BCCRAGE

I was au-pair too.. Don't hesitate to e-mail if you have any questions.

Hi Glorya

I appreciate your assistance.

Could you tell me the steps you took while you were on your J-1 Visa? I am assuming you were in the same vote as my girlfriend is at the moment.

Did you marry while under the J-1 Visa?

Once married, you filed all the paperwork; however, has your visa expired and you continued to reside in the U.S.?

I would rather her not continue the AuPair program being that I feel the host family is taking advantage of this program with the extra work she continues to put in.

-Brett

[Glorya 0]

She will be kicked out of the program as soon as she gets married. That's one of the rules. She can keep silent and still remain au-pair but if she says anything, that is automatic dismissal. Au-pair agencies do not want to be liable for anything especially not for marriage and husband. That's a long story though. I don't understand why she wants to continue her au-pair assignment. That's insane arrangement and the biggest fraud ever. I couldn't wait to get the heck out of that contract. I quit, moved out two weeks later (moved in with my hubby) and then got married and filed for AOS. That's how the stuff works. Only thing she won't be able to do is travel abroad but only untill she gets the green card.

[Satellite 1]

What I am going through right now is the decision to either tell her to extend the program for 9 more months, which would allow us to hopefully get everything approved.

This option isn't going to work because of:

A J-1 is not a dual-intent visa, once the I-130 and I-485 is accepted, the status is cancelled.

She will no longer be a J-1 as soon as you get your NOA1 for adjustment comes in so I don't see how extending the program would do you any good unless you are contemplating working without authorization for a longer period of time (assuming you marry and apply for adjustment).

If you want to remain engaged longer the extension is a great idea. If you want to adjust status the extension has no bearing.

Au-pair agencies do not want to be liable for anything especially not for marriage and husband.

Depends on the program, because they do have dependent J-2 visas for spouses and children. Edited November 16, 2006 by Satellite