B1 Domestic VISA

[js465]

Hi,

I have a nanny who came along with us on a B1 Domestic VISA. I have concerns as she has told me that she has contacts to help her to apply for visa to work and would like to leave our employment soon. As her current visa is tied to my visa, what should i do? would i be implicated in any way if in the event that she decided to just leave ? Her I-94 is coming to an end soon in August. I am worried that she might just disappear.

[peace999]

Legally, it will not affect your visa or I-94 stay if she leaves you.

It is more likely to affect her as it is not possible that she can change status from visitor to
a work visa and she is likely to become illegal.
As There is no non-immigrant work visa category in the immigration system for
Indian dometic help at this time.

[js465]

Thank you for your reply. She mentioned that she has contacts who are in the nursing home business and they wanted to employ her. is there any visa category for the work?

What should i do if she were to disappear? I am worried it might affect me as i would like to apply for green card in the near future.

If she submit her resignation to us, but she doesnt want to go back what should i do?

[peace999]

There is no category. They will employ her illegally.

Did she sign a contract with you when you applied for the visa in India?
Usually the embassy requires an employment contract.
And what did you say at the interview?

[js465]

A contract was required when we applied for the visa, it states that either party can terminate the contract by giving 2 weeks notice and we would pay for her airfare back to the country of origin and she is not allowed to work for anyone else while working for us. She had to go through the interview by herself so i have no idea what went through then.

i read that i have to inform the embassy and relevant authorities if she is missing or disappear. But what if she resigns? She did mentioned that the other party said that they would be applying some petition for her. but the moment she leaves us, what would happen to her visa? her visa is riding on my visa which is stated in the passport. I am worried that if i insist to ask her to go back home, she would just bail on me.

[peace999]

Ok. I read thru the contract language posted on the embassy website.

It says that
you are reponsible for reporting her to USCIS if she resigns or goes missing.

Can you please post the note on the visa and whose passport is it written on , yours or hers?

[js465]

It is stated in her passport that she is the domestic of nonimmigrant alien (me). I know i have to notify UNCIS in the event of her leaving us. But i am worried if it would affect us in anyway if she goes missing. She seems determined to continue to stay here and i am trying to find out if its really possible that the other party who claims to be going to apply for her petition of whatsoever is legit. is there such a visa for such position or is it possible that they can petition her to stay her legally?

As i mentioned earlier, her I-94 is expiring soon and i dont know if i should renew under such circumstances. i hope i would not be getting into any trouble especially if she really goes missing.

[peace999]

Actually, it does not make any difference to you if her offer is legit. or not.
By the contract, you must report her if she leaves you.
Once you report her and you have a document that you reported her , your job is done.
You do not need to worry anymore.

On the other hand, if you do not mind that she finds a legit offer to stay, since you are also trying to stay here,
then you must talk to a good immigration attorney.
He can tell you if there is a way around by not reporting her.

If you want ,
I can name some good immigration attorneys for you who you can contact by email.

[js465]

That would be good if you can send me the contacts. Would you have any idea how much would teh consultation cost?

[peace999]

This forum does not allow attorney's names/ websites posted. It deletes them.

You will need to post or message your email address.

[js465]

Hi, have message you my email. thanks for your help so far...