Lost working visa

[Owen_London 65]

I agree most likely she had a B1/2 and was admitted for 6 months.

There are no exit controls in the US, so now you have your passport there will be no hindrance to you leaving.

All you need is a ticket home.

She doesn't have her passport. That's the biggest problem, but not the only one.

Joeannie, I suggest you contact the Phillipines consulate for assistance. They should be able to reissue you a passport or emergency travel document. You are unlikely to be able to stay in the US, but they may be able to assist you getting home, or point you in the direction of someone who can.

[Boiler 43,446]

I already went to the embassy and have a new passport

So she said.

[Owen_London 65]

So she said.

Sorry, you're right. I missed that.

So the only thing I'd add is that I agree she should report her former employer for taking her passport.

[Harpa Timsah 13,258]

Issue is - she never was an immigrant worker. If her visa was B1/B2, she was non-immigrant alien illegally working.

OP - If you really had B1/B2 visa,, then you were not allowed to work - working on it invalidated it immediately. A single day of overstay invalidated it as well. And the fact your passport is gone, invalidated it again. So bottom line - you need to depart to your home country and apply for a visa again if you want one.

No, there is a B1 nanny visa with work permission for domestic employees of certain non-immigrants. It is very rare, but it does exist.

It is tied to the employer and if the employer left her then I guess the job is over. It is time to go home.

OP: If you need assistance getting home, you can contact your embassy for help.

[Boiler 43,446]

She could, but no evidence and they are gone.

[Virtuous45 31]

I'm lost at sea with the info the OP posted. Like others have said, more likely the visa that was issued to you was a B1/B2 visa, and your employers took you to the US to work for them, but under the guise that you are a member of their family going to visit. There are a few missing links in your post and here's where I got lost.

Unfortunately my Egyptian employer flew back to Egypt without me but they have my passport/visa with them.

- If you went to the US with your employer to work as a Nanny, and they returned home...who are you living with now in the US?

- If you are not a US citizen, and don't have your Philippine Passport, how were you able to get "another passport" without the old one? Didn't you need to submit documentation to give account for the one that was issued before? If you applied for the new passport through the Philippine consulate in the US, they would require evidence of loss/stolen/destroyed for the old one. That would therefore have triggered an investigation of your case, as to your status in the US.

- You will have to report your passport stolen, and as such, without US visa in your "new passport", how will you return home?

[Boiler 43,446]

She returns home by buying a ticket and getting on a plane.

She has already replaced her passport.

[JnRMo 16]

Her employer took her passport, likely as a means of control - she may be eligible for some sort of trafficking victim support.

[Tarumba 9]

You should not get advice from an Internet forum. Talk to a lawyer or an immigration counselor. Look for a refugee resettlement office in your area if you need referrals. If your employer misrepresented your status and withheld your immigration documents there is a case for trafficking. I work with trafficking victims and I have seen scenarios like this one before.

A lawyer or immigration counselor will listen to the details and give you the guidance you need.

[Boiler 43,446]

Meeting the Requirements for a B-1 Visa as a Personal or Domestic Employee

In order to qualify for the visa, the employee will have to submit an application (at the same time or later than you, the employer) and prove to the satisfaction of a consular officer working for the U.S. State Department that he or she:

• has a residence abroad that he or she has no intention of abandoning – a common requirement for U.S. temporary visas, meant to provide assurance that the person has no secret intentions of remaining in the United States

has at least one year’s experience as a personal or domestic employee

has been employed abroad by you as a personal or domestic employee for at least one year prior to the date of your entry to the United States. (Be prepared to provide a letter stating the person’s dates of employment with you.) Alternatively, the employee can show that your employment relationship existed immediately prior to the visa application and that you have regularly employed (either year-round or seasonally) personal or domestic employees over a several-year period.

has signed an employment contract with you containing statements that the employee is guaranteed the minimum or prevailing wage, whichever is greater, as well as free room and board, and that you will be the only one to provide work to the employee, and

will receive from you payment for initial travel expenses to the U.S. and to your subsequent assignment or to your country of normal residence at the end of the assignment.

[Owen_London 65]

Meeting the Requirements for a B-1 Visa as a Personal or Domestic Employee

In order to qualify for the visa, the employee will have to submit an application (at the same time or later than you, the employer) and prove to the satisfaction of a consular officer working for the U.S. State Department that he or she:

• has a residence abroad that he or she has no intention of abandoning – a common requirement for U.S. temporary visas, meant to provide assurance that the person has no secret intentions of remaining in the United States
• has at least one year’s experience as a personal or domestic employee
• has been employed abroad by you as a personal or domestic employee for at least one year prior to the date of your entry to the United States. (Be prepared to provide a letter stating the person’s dates of employment with you.) Alternatively, the employee can show that your employment relationship existed immediately prior to the visa application and that you have regularly employed (either year-round or seasonally) personal or domestic employees over a several-year period.
• has signed an employment contract with you containing statements that the employee is guaranteed the minimum or prevailing wage, whichever is greater, as well as free room and board, and that you will be the only one to provide work to the employee, and
• will receive from you payment for initial travel expenses to the U.S. and to your subsequent assignment or to your country of normal residence at the end of the assignment.

Interesting.

It sounds like the employer has broken the last two commitments, and the employee (the original poster) has broken, or wants to break, the first commitment.

[Boiler 43,446]

Interesting.

It sounds like the employer has broken the last two commitments, and the employee (the original poster) has broken, or wants to break, the first commitment.

I would not jump to that conclusion, all that can be reasonably ascertained is that they have left for Egypt and she remained in the US.