Dear all,
Just realized that I might be in big trouble, please help!
When I first came to the states 4 years ago my visa was J-2. Together with J-1, both of us had the INA 212(e) requirement, which required Two-Year Foreign Residency before changing in visa status.
3 years ago, J-1 went back home. I then changed my visa status to F-1 in Mexico. My F-1 visa did NOT have the 212(e) requirement on it.
Right now I am working full-time. My employer was gong to apply H-1b visa for me. However, HR noticed that I had 212(e) before, and they thought I needed to go back for 2 years before I can apply for H-1b.
Is this true? If yes, any way to work around it? I am pretty sure the employer wants to help me to stay. They just have never had similar case before. So what should I do?
Thanks a lot!!
Just realized that I might be in big trouble, please help!
When I first came to the states 4 years ago my visa was J-2. Together with J-1, both of us had the INA 212(e) requirement, which required Two-Year Foreign Residency before changing in visa status.
3 years ago, J-1 went back home. I then changed my visa status to F-1 in Mexico. My F-1 visa did NOT have the 212(e) requirement on it.
Right now I am working full-time. My employer was gong to apply H-1b visa for me. However, HR noticed that I had 212(e) before, and they thought I needed to go back for 2 years before I can apply for H-1b.
Is this true? If yes, any way to work around it? I am pretty sure the employer wants to help me to stay. They just have never had similar case before. So what should I do?
Thanks a lot!!