212 e finding letter question

[charlesminnseota 0]

long story short:

1. I was on j1 visa, High school exchange student type, (which stated i have 2 year of HRR both on my visa and DS2019), from 2009 to 2010.

2. from 2010 to 2014 i was on F visa for college, from 2014-2015 i was on OPT. I got my H1b in late November 2015. 

3. currently i am working for an american company under H1b visa.  before H1b petition April 1st 2015, I applied  J1 waiver thru "no objection" and i got a 212e finding letter from DOS right before i filed my H1b petition, the letter looked a lot like the Advisory Opinion letter, and it showed " i am not subject to 2 years requirement based on my DS2019 program and skill list" 

 Now i am preparing to applying for my Green card based on employment, i read stories about RFE of J1 212e during I485 AOS, not sure if the 212 e finding letter from DOS will be an enough evidence for the RFE, my lawyer said that to get rid of the 2 year HRR, there must be a letter from USICIS which shows I am officially don't need to worry about the 2 years. 

 

In my case, do u think i need to worry about my J1 case or not? need your opinion guys, thanks a lot. 

[KurosawaSan 52]

Since both DS-2019 and visa mention the 2HRR, means you will need a formal waiver. 

 

If you are not subject to 2YHRR, DoS will contact USCIS about waiving that through a separate form. USCIS will produce the waiver. What status does your application show in the online J1 Waiver Status check?

[WI_CA 51]

If your advisory opinion shows that you are not subject to it, then you are not.

No need for the USCIS here.

It happens that consulars abroad just put the 2-year rule without any valid reason, and the advisory opinion rectifies that error.

 

Send a copy of the advisory opinion results with your GC application

[charlesminnseota 0]

 

13 hours ago, KurosawaSan said:

Since both DS-2019 and visa mention the 2HRR, means you will need a formal waiver. 

 

If you are not subject to 2YHRR, DoS will contact USCIS about waiving that through a separate form. USCIS will produce the waiver. What status does your application show in the online J1 Waiver Status check?

hi kuro, the thing is I applied my J1 waiver already thru no objection almost 2 years ago, and then DOS sent me the 212 e finding letter told me " i am not subject to 2 years HRR", my j1 waiver Status from DOS showed "not subject" 

[charlesminnseota 0]

2 hours ago, WI_CA said:

If your advisory opinion shows that you are not subject to it, then you are not.

No need for the USCIS here.

It happens that consulars abroad just put the 2-year rule without any valid reason, and the advisory opinion rectifies that error.

 

Send a copy of the advisory opinion results with your GC application

DOS sent me a letter looks very similar to Advisory Opinion Letter, its call 212 e finding letter and it showed me that " i am not subject to 2 years HRR". I looked it up on internet about the Advisory Opinion Letter sample, my letter looks almost the same as it, just one sentence different, the Advisory Opinion Letter sentence is " This is response to a request for an advisory opinion as to whether the above-referenced individual is subject to the 2 years foreign residence requirement", but in my letter, is said " This is in response to a request for a waiver of the 2 years foreign residence requirement", the rest content are the same, so i dont know if its gonna be a big deal or not? 

[WI_CA 51]

2 hours ago, charlesminnseota said:

DOS sent me a letter looks very similar to Advisory Opinion Letter, its call 212 e finding letter and it showed me that " i am not subject to 2 years HRR". I looked it up on internet about the Advisory Opinion Letter sample, my letter looks almost the same as it, just one sentence different, the Advisory Opinion Letter sentence is " This is response to a request for an advisory opinion as to whether the above-referenced individual is subject to the 2 years foreign residence requirement", but in my letter, is said " This is in response to a request for a waiver of the 2 years foreign residence requirement", the rest content are the same, so i dont know if its gonna be a big deal or not? 

The difference is because you applied to a waiver right away, instead of sending an advisory opinion request first.

Apparently, your case didn't need a waiver and they sent you the finding.

You are cleared. Rule was annotated on your visa by mistake.

Good luck.