Questions regarding J1 2HRR and change of status to O1 or H1B?

[DRChen]

Hi,

I am wondering whether you can tell me what my options are in this situation and would greatly appreciate your suggestions.
Here is my complicated story.

On March 1, 2003, I came to Johns Hopkins University for my first postdoc (I have Ph. D. in biology) on J1 visa with 2-year home residence requirement (2HRR) in my passport. After joining Johns Hopkins, I applied for a waiver based on “no objection” letter (NOL) from Ukraine, but I was also suggested to ask for the Advisory Opinion (AO). AO was “not subject” for 2HRR (received in July 2005). Unfortunately, after a couple of months, our lab funds started running dry, and I had to find another place-- the National Institutes of Health.

After transferring to NIH, I received 2HRR in my DS-2019 form, and decided to ask for a second Advisory Opinion. I received second Advisory Opinion in December 2007. It stated that I am “subject” for 2HRR (funding from US government).
Since 2003 I tried to get NOL from Ukrainian government, but all my attempts failed. Ukrainian Embassy in Washington, DC stopped issuance of these letters since 2001 and Ministry of Foreign Affairs said that I should deal with US side as I received US government financing .

Recently, DOS decision on my waiver application has changed from “Pending” to “Not required to adjudicate” (on DOS web site after entering my case number).

Another University wants me to join their research group starting from March 1, 2008.

- On what visa should this University submit petition?
- On O1 or on H1B?
- Do universities have any privileges?
- Shall I submit another waiver application?

I have already scheduled an appointment in US Consulate in Ottawa (just in case I have to get my visa stamped).

Thanks for reading and your contribution.