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Filed: Timeline
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Hi all, I am facing a very difficult situation and don't know what to do now. Please give me some suggestion!

I am from Taiwan and I am under J1 visa now. I filed I-140 NIW in October and is still waiting for the result. I alway thought I am not subject to the 2 year rule since none of the three conditions applies to me, and also both my visa and DS2019 indicates that I am not subject to 212(e). I also checked with the international student office in my University and they also said I should not be subject to the rule. Thus I filed I140 NIW. To be safe for potential I485 about this 2 year rule issue, I requested advisory opinion from DOS. However, to my big surprise, they said i am SUBJECT to this 2 year rule. What????

I haven't received the hard-copy letter right now, and hope that they will specifically mention why I am subject to 212(e). Is it ever possible that DOS would make a mistake on their conclusion? I am not receiving funding from government, and Taiwan is not on the exchange skill list, I am not medical student, why am i subject to the 2 year rule?

The lawyer who helped me with my I140 suggests me just file I485 without submitting the advisory opinion. He think USCIS might just take it since both my visa and DS2019 show I am not subject to it. Should I really do so or I should apply waiver?

Actually I highly doubt DOS made a wrong conclusion. I used this link "https://j1visawaiverrecommendation.state.gov/" to do the survey with my situation and even though I indicated I do not receive government funding, the survey still gives me the result that "I may be subject to 212(e)" since

The country/region and country of legal permanent residence determine if there is a skills list on the Revised Exchange Visitors Skills List (Federal Register / Vol 62, No. 11, January 16, 1997):

  1. a. Country/Region of Nationality: TAIWAN does appear on the Revised Exchange Visitors Skills List
    b. Country/Region of Legal Permanent Residence: TAIWAN does appear on the Revised Exchange Visitors Skills List

Thus, I highly doubt that I got a "Subject" decision since you think TAIWAN appear on the exchange visitors skills list. However, Taiwan should not be in this list according to http://travel.state.gov/visa/temp/types/types_4514.html.

Anyways, could anyone who had a similar experience give me some advise? Thanks a lot.!

 
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