Au pair p-4-06027 J1 Program

[springbranch]

Posting this on behalf of girlfriend who is an au-pair.
She has 5 year visa expiring in 10/2010, she is 27 years old and got DS2019 until 9/30/2007. I did see an attorney yesterday but he couldn't answer all of my questions. Questions we are still having.

Where can we find out more about p-4-06027 program? Already googled it. Nothing showed up.
Can she remain an aupair after DS expires? Her home country agency stated she can not remain as an au pair. She is in the process of talking to US Au pair agency.
What line of work can she work at?
How difficult to find a sponsor?
Can she work at a day care instead of working live in au pair?
I am hearing there is an age limit to be an aupair which is 18-26. Is this correct?

This is a great community to share knowledge. As usual, you all's help greatly appreciated.

 

[LucyMO]

Where can we find out more about p-4-06027 program? Already googled it. Nothing showed up.

Department of State gives each program a number. It's pretty much internal, so you probably won't find anything.

Can she remain an aupair after DS expires? Her home country agency stated she can not remain as an au pair.

DS expiration date means that her au-pair status will expire on that date. Of course, if her status expires, she is no longer an aupair in J-1 status.

What line of work can she work at?

you mean as an aupair or after she falls out of status?

How difficult to find a sponsor?

for aupair program?

Can she work at a day care instead of working live in au pair?

no

I am hearing there is an age limit to be an aupair which is 18-26. Is this correct?

I do recall something like that, but you will be better off reading the official info on www.travel.state.gov

 

[springbranch]

Thanks LucyMO

Her DS is until September 2007 however her J-1 expires September 2010. What are her options if she can no longer be an aupair?
Does she have to change her Visa type? For example j-1 to F-1.
Yesterday when I talked to the attorney, he stated the program p-4-06027 will tell us what line of jobs she can perform in US besides being an aupair. Is there anyway she can find another sponsor, since she got 3 more years remaining on her visa.

What is the best path to take for her to legally stay in the US?

Thanks again. You've been already so helpful.

 

[jk0274]

I'm posting this assuming that she cannot extend her current DS-2019 beyond it's current expiration date (i.e. legally extend her status as an au pair).

The date of her visa expiration is irrelevant once she is physically present in the US. Once in the US, the date of her DS-2019 is paramount.

As it is unlikely that she is subject to the 2-year home residency requirement (check to make sure), she would certainly be eligible to change her status in the US to a student (F-1). There are 3 hurdles: 1- She must apply for this before the expiration of her DS-2019 and maintain her au pair job until then, 2- She must be accepted into a school and be issued a Form I-20 by the educational institution, and 3- She must provide evidence to USCIS, in her application to change status, that she is not planning to immigrate to the US by attempting to change her status, and provide proof of funds for her education and stay during her F status.

Again, the visa expiration date is just a random date that can exceed the duration of the program but doesn't provide legal status. It is the DS-2019 that determines the legal status, not the visa. You are wrong in assuming that "she has 3 more years remaining on her visa" means she can fill that time with other projects. To put it another way: Once her DS-2019 expires, the J-1 visa becomes invalid for use, regardless of its expiration date.

 

[springbranch]

More questions

She is not subject to home residency.
She can't extend her current 2019.
More questions below.


1.On 2019 her position code 330, and under the position it says; "independent, non profit, hospitals, other organization groups". Having said that, can she find another sponsor (non profit , hospital etc) other than au pair agencies that will provide him with another DS2019? (She can't work as au pair since there is 2 year time limit. )

2.She has to work until 9/30/2007, but the semester starts either in august or january. can she stay here legally between the time her job ends and the time her new school starts?

3.Can she enroll at english classes that issue I20? or it has to be degree program.


Thanks a billion for taking time out of your schedule and answering my questions. I owe you a lot.

 

[LucyMO]

Having said that, can she find another sponsor (non profit , hospital etc) other than au pair agencies that will provide him with another DS2019? (She can't work as au pair since there is 2 year time limit. )

If she finds another organization that is authorized to issue DS-2019 forms, and that organization is willing and able to hire her and issue her a NEW DS-2019 form, then - yes.

2.She has to work until 9/30/2007, but the semester starts either in august or january. can she stay here legally between the time her job ends and the time her new school starts?

It's tricky. She can stay legally if she files for a change of status before her J-1 status expires and until her petition is adjudicated. However, the catch with F-1 might be that it's adjudicated way too early and it may be problematic.

3.Can she enroll at english classes that issue I20? or it has to be degree program.

yes, she can.

 

[springbranch]

she'll start looking for a sponsor

Thanks for the post. Now she is gonna start looking for a new sponsor. I guess new sponsor can guide her thru new DS 2019.
I may post more questions later.
Thanks a lot again.