how do i extend my stay?

[joligudgrl]

What is the name of your state? connecticut

hi! i came to the u.s. on a tourist visa ten months ago. i requested for extension of my stay for another 6 months inorder to help take care of my 3-year old niece who has been pulled out temporarily from nursery school due to poor health. nothing serious though it has since been a relief to see her less sickly. that's one less thing for my sister (the child's mother) to worry about. after all, she has other things to think about--- an ongoing divorce and child custody battle, attending a review school out-of-town while keeping a full-time job to support herself.

i think it is best that i should stay longer if only to look after my niece and my sister who is alone in her struggles. my family back home supports the idea but of course, everything should be within legal bounds. i know that petitioning me (as a sister or as my mom's child) would take ages to be approved (10 years visa backlog for our country?) so my sister is even toying with the idea of sponsoring me as a "caregiver". what do you think?

thanks...

 

[ImmigAttyLana]

There is no nonimmigrant classification for a caregiver and if you are out of status now you cannot change status anyway within the US. If you are otherwise eligible for another employment-based visa with another employer, you can look into that and then be able to help your sister on the side, if that is your plan. However, you will not be able to remain legally in the US if your only basis for doing so is to help out with your niece.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[joligudgrl]

thanks atty. lana! that was a quick one.

i have already received the approval for my extension sometime july this year, giving me legal status to stay until december 2004. yes, i am absolutely interested to join the workforce here in the u.s. but from my scouring of various jobsites, i noted that agencies/employers prefer candidates already holding work authorization. i have a college degree and have had over 10 years employment experience in my home country. my skills/competencies as an employee mainly involve office administration which is quite common, and, easily filled-up by u.s citizens. i have the understanding that foreign workers would only come into the picture if there are no qualified citizens who can take up the vacant posts.

the idea of 'caregiver' or 'nanny' petitions came as a result of asking around other former tourists now u.s. citizens. they initially came here on a b1/b2 visas, found nanny/household jobs and were eventually sponsored by their employers for permanent residency. i thought all along that such occupations would fall under the 3rd category of employment visas (first being those outstanding people in the sciences, and, second, those with extraordinary abilities in sports and the arts) which is a legal way towards securing a green card.

i hope to hear from you again, atty lana.

 

[ImmigAttyLana]

It is true that your sister may be able to sponsor you for permanent residence as a nanny/caregiver, but keep in mind that this process takes about 4 years or so and during that entire time you have to be maintaining valid status in the US in order to take advantage of that petition once it is approved. Although your B-1/B-2 status may have been extended once and may be extended again, it is highly unlikely that you will be able to keep extending it over a course of 4 or so years. Therefore, you need to think of another basis for remaining in the US during that time.

As for the work visa that is a temporary one, like the H-1B, there is no requirement that the US employer prove that no US worker can perform the job duties, as this is only a requirement for a permanent position. HOwever, with a background in office administration, which typically does not require a bachelor's degree or its equivalent unless it is a fairly upper end position with a company (executive assistant to CEO/President or high-level HR type position) it is probably unlikely that you would qualify for the H-1B visa. However, I really cannot say this definitively without knowing exactly what type of diploma/degree you have, what specific background you have as far as work experience and what type of position you would be offered by a US employer in the meantime.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[joligudgrl]

thanks again, atty. lana, for responding. really, i appreciate your effort.

as to your question about my education/employment background, i completed a 4-year b.s. degree from a university. i was once an administrative manager supervising 3-8 staff at any one time in-charge of various office functions (extending to some hr work, too) of a local-foreign joint venture company and also held a position as an executive assistant to the president/ceo of the same firm. i also had a stint at a multinational doing fairly the same thing except no hr functions. however, i left the corporate world to be self-employed (for 3 years now) which is how i afforded the chance to fly to the u.s.

given these info, can i go apply for an h1-b visa? will it help that i secure this document first before snagging a job if only to free a prospective employer of such burden? (i just hope it isn't obscenely expensive to get one!) or is it solely the employer's responsibility? (so i must find that employer first!) how long can one with an h1b be allowed to work/stay in the u.s. legally ? could having an h1b help lead to a more permanent, secure status in the u.s?

sorry for asking too basic of details. i must have mixed-up a lot of information and would definitely need an expert's "dis-entanglement" of the facts.

thanks again, atty. lana. i look forward to your reply.

 

[ImmigAttyLana]

The issue is that you cannot get this type of visa UNLESS AND UNTIL you are sponsored by an employer for an actual position. THis is a sponsored type of visa status so you cannot apply for it on your own; you MUST have a petitioning employer.

As for the position, depending on what it is, you may qualify for the H-1B but it nees to be structured in such a way that the petition clearly indicates that the position requires the bachelor's degree or equivalent or combination of degree and work experience due to the nature of the job duties.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[joligudgrl]

so, it is clear that i should find an employer who is willing to give me a job matching my qualifications and petition me for the required h1b. i took note of your explanation that the position should be carefully described to make sense against my education/work experience, thanks.

now, if ever i finally find an employer, will i be allowed to work immediately or my h1b should be issued first before i begin working? what happens if my tourist visa expires in the course of waiting for the h1b approval? what is the maximum length of stay under an h1b? would you advise that my sister or my parents (as soon as they are able) file for my immigrant visa right away while i am pursuing an h1b (or have been issued same) if only to be queued early on in the heavy backlog of family petitions. i am thinking this would be necessary inorder to avoid falling out of status especially so that an h1b is temporary and could be limited by one's employment with its petitioner-employer. is this correct????

i have these questions spilling out of my head realizing i am a short 3-months away from the expiry of my b1/b2. please bear with me, atty. lana.

once again, i am very grateful for the valuable information you share.

 

[ImmigAttyLana]

now, if ever i finally find an employer, will i be allowed to work immediately or my h1b should be issued first before i begin working?
THE H-1B MUST FIRST BE APPROVED BEFORE YOU CAN START WORKING. REGULAR PROCESSING TAKES ABOUT 2-3 MONTHS WITH MOST SERVICE CENTERS ,BUT YOU CAN REQUEST PREMIUM PROCESSING FOR AN EXTRA $1000 FILING FEE AND THEN A DECISION IS GUARANTEED WITHIN 15 CALENDAR DAYS.
what happens if my tourist visa expires in the course of waiting for the h1b approval?
AS LONG AS YOU FILE FOR THE H-1B WHILE YOU ARE STILL IN B-1/B-2 STATUS, YOU ARE FINE EVEN IF IT EXPIRES WHILE THE H-1B IS PENDING.
what is the maximum length of stay under an h1b?
6 YEARS ALTHOUGH EXTENSIONS OF STAY ARE POSSIBLE IN SOME INSTANCES, WHICH MAY OR MAY NOT BE RELEVANT IN YOUR CASE.
would you advise that my sister or my parents (as soon as they are able) file for my immigrant visa right away while i am pursuing an h1b (or have been issued same) if only to be queued early on in the heavy backlog of family petitions.
YES, ABSOLUTELY. FILING BY YOUR PARENTS, ASSUMING THEY BECOME US CITIZENS WILL BE LENGTHY AS WELL, BUT CERTAINLY NOT AS LENGTHY AS FILING BY YOUR US CITIZEN SISTER.
i am thinking this would be necessary inorder to avoid falling out of status especially so that an h1b is temporary and could be limited by one's employment with its petitioner-employer. is this correct????
YES, ABSOLUTELY.

PLEASE LET ME KNOW IF YOU HAVE ANY ADDITIONAL QUESTIONS OR NEED FURTHER ASSISTANCE WITH THIS MATTER.

 

[joligudgrl]

wow, thanks for the great info...this is indeed helpful! i am particularly pleased that i will now be able to map out a more definite plan of action.

i do not have further questions at this time but i do believe i will have inquiries in time. i'll just do what i have to do for the meantime.

have great one!