Two year rule problem

[m_c 0]

Hi,

I am in a little bit of a messy situation. I am a graduate student in Ireland. This summer I have visited UC Davis for three months with a J1 visa. I received partial funding from Ireland, however I am not an Irish citizen. Now I got a postdoc employment offer and I need an H1B visa.
I was advised by employer (Penn State) to request an Advisory Opinion from the US State Department, to determine if the consular officer made his 212(e) judgement in error. Since my funding came from the Republic of Ireland should not have been entered into SEVIS as “Home Government Funding,” and therefore should not have subjected to 212(e).
Is this the right way to go? If I apply for a waiver I need to get No Objection Statement from my home country (Bosnia and Herzegovina). I have not resided in Bosnia in the last 7 years and they have nothing to do with my funding. 

 

I have filled in the application tor the Advisory opinion. I was wondering if it is advisable to amend the accompanying self-generated letter to explain my situation, and attach a few documents? 

 

I was not able to input the I-9 number because it contains a letter and the system would not allow me. What should I do? 

Best,
Mladen

[Boiler 45,464]

First thing why is the Lawyer handling the H1b not dealing with this..

 

How did you get funding from Ireland, on what basis?

[m_c 0]

17 hours ago, Boiler said:

First thing why is the Lawyer handling the H1b not dealing with this..

 

How did you get funding from Ireland, on what basis?

Thanks for your reply. Should I hire a lawyer?

It was a competitive grant, I applied for a project and got a funding. But how does that influence anything...it is not from my home country!? 

[Dashinka 24,487]

11 minutes ago, m_c said:

Thanks for your reply. Should I hire a lawyer?

It was a competitive grant, I applied for a project and got a funding. But how does that influence anything...it is not from my home country!? 

If PSU is trying to get you here on an H1B, aren’t their lawyers handling this?

[xyz12345 260]

19 hours ago, Boiler said:

First thing why is the Lawyer handling the H1b not dealing with this..

 

How did you get funding from Ireland, on what basis?

 

1 hour ago, Bill & Katya said:

If PSU is trying to get you here on an H1B, aren’t their lawyers handling this?

It looks like the waiver is the J-1 visa holder's responsibility.

 

Sample from Yale.

https://oiss.yale.edu/immigration/j-1-scholars/understanding-j-1-status/waivers-and-advisory-opinions

[fs2439 46]

19 hours ago, m_c said:

Hi,

I am in a little bit of a messy situation. I am a graduate student in Ireland. This summer I have visited UC Davis for three months with a J1 visa. I received partial funding from Ireland, however I am not an Irish citizen. Now I got a postdoc employment offer and I need an H1B visa.
I was advised by employer (Penn State) to request an Advisory Opinion from the US State Department, to determine if the consular officer made his 212(e) judgement in error. Since my funding came from the Republic of Ireland should not have been entered into SEVIS as “Home Government Funding,” and therefore should not have subjected to 212(e).
Is this the right way to go? If I apply for a waiver I need to get No Objection Statement from my home country (Bosnia and Herzegovina). I have not resided in Bosnia in the last 7 years and they have nothing to do with my funding. 

 

I have filled in the application tor the Advisory opinion. I was wondering if it is advisable to amend the accompanying self-generated letter to explain my situation, and attach a few documents? 

 

I was not able to input the I-9 number because it contains a letter and the system would not allow me. What should I do? 

Best,
Mladen

How difficult would it be for you to get a no objection letter from Ireland (and potentially bosnia&herzegovina)? How much time do you have to sort this out? Are you also considering o1 visa if time runs short?

[m_c 0]

4 hours ago, fs2439 said:

How difficult would it be for you to get a no objection letter from Ireland (and potentially bosnia&herzegovina)? How much time do you have to sort this out? Are you also considering o1 visa if time runs short?

That is the problem, I am wondering if there is any sense for Bosnia to issue that kind of statement? How does that statement look like? Can they just say: we denounce the obligation for him to stay? And Ireland can not issue this to me since I am not a permanent resident here and on J1 it is stated that my legal residence is Bosnia. That is why I am thinking about the advisory opinion. I did not consider any other visa because that is when Penn State takes  over and they do the process (what ever it is) for the H1B visa. 

4 hours ago, xyz12345 said:

 

It looks like the waiver is the J-1 visa holder's responsibility.

 

Sample from Yale.

https://oiss.yale.edu/immigration/j-1-scholars/understanding-j-1-status/waivers-and-advisory-opinions

It is my responsibility and hence me asking for this around. I guess I should get a lawyer or something. 

[fs2439 46]

2 hours ago, m_c said:

That is the problem, I am wondering if there is any sense for Bosnia to issue that kind of statement? How does that statement look like? Can they just say: we denounce the obligation for him to stay? And Ireland can not issue this to me since I am not a permanent resident here and on J1 it is stated that my legal residence is Bosnia. That is why I am thinking about the advisory opinion. I did not consider any other visa because that is when Penn State takes  over and they do the process (what ever it is) for the H1B visa. 

It is my responsibility and hence me asking for this around. I guess I should get a lawyer or something. 

Ok. Keep in mind that some people require NOS from more than one country. I don't believe you need to be a permanent resident to request NOS.

[m_c 0]

14 hours ago, fs2439 said:

Ok. Keep in mind that some people require NOS from more than one country. I don't believe you need to be a permanent resident to request NOS.

I have legal permanent residence from one country. Irish do not give NOS to non residents https://www.dfa.ie/irish-embassy/usa/our-services/visas/statement-of-no-objection/ 

[fs2439 46]

On 11/27/2019 at 5:00 AM, m_c said:

I have legal permanent residence from one country. Irish do not give NOS to non residents https://www.dfa.ie/irish-embassy/usa/our-services/visas/statement-of-no-objection/ 

Hi, were you able to sort this out? We are concerned for you send news when possible