Advisory opinion: not subject

_scientist_

New Member
Hello everyone!
According to my J1 visa and DS-2019 note, I am a subject to the 2-year-requirement of Section 212(e). However, I received an advisory opinion informing directly that I am not a subject to it.

So, my question is it, if I can use the advisory opinion letter, as proof that I don't need a J1 waiver, when I apply for H-1B or apply to adjust the status to immigrant?

Thank you.
 
According to the guidelines of Temple University, the official advisory opinion letter should suffice if you wish to change to H-1B status:


The point is that according to visa I am a subject to the rule, but according to advisory opinion I am not. So, I would like to know, if I am or not. But, now I know that I need to keep this document for H1-B. Thank you.
 
It depends on your program. My DS2019 and J1 Visa says that I am not subjected to 212(e), but my program is in the skill list. You have to check your program in the Skill list. If your program is not there then you are not subjected to 212(e).
 
Hello! Can you please tell how long it took you to receive the advisory opinion? I waited one month only to have my files being listed in account. And now I very worried about timeline for the actual response.
 
Hello! Can you please tell how long it took you to receive the advisory opinion? I waited one month only to have my files being listed in account. And now I very worried about timeline for the actual response.
I waited about 2 months (keep in mind state holidays). Don't worry. If they received your letter (can be seen by USPS website) and you put an envelope with your address, they will send you back.
 
My status was pending till yesterday, it showed received documents with dates. Today it says, 'no information regarding your case'
 
Hello everyone!
According to my J1 visa and DS-2019 note, I am a subject to the 2-year-requirement of Section 212(e). However, I received an advisory opinion informing directly that I am not a subject to it.

So, my question is it, if I can use the advisory opinion letter, as proof that I don't need a J1 waiver, when I apply for H-1B or apply to adjust the status to immigrant?

Thank you.
Hi Scientist,

To follow up on this, what reason was indicated that you were subject to the 212(e) your DS-2019? Was it government funded?
 
Hi Scientist,

To follow up on this, what reason was indicated that you were subject to the 212(e) your DS-2019? Was it government funded?
Well, my professor wrote that I was going to participate in a project which was funded by U.S. federal agents, but actually my work was funded by the U.S. university was attended to work in.

Also, just for information, I sent the second request for an advisory opinion to the U.S. Department of State, and this opinion repeated the same thing - the 2-year-rule doesn't apply to me.
 
Well, my professor wrote that I was going to participate in a project which was funded by U.S. federal agents, but actually my work was funded by the U.S. university was attended to work in.

Also, just for information, I sent the second request for an advisory opinion to the U.S. Department of State, and this opinion repeated the same thing - the 2-year-rule doesn't apply to me.
Thank you. Did the DS-2019 form say government funded and what was the program number?
 
Thank you. Did the DS-2019 form say government funded and what was the program number?
P-1-*****, which is not a government program, and no, DS-2019 or the university job offer didn't have any info that this government program. Just my professor's letter which wasn't prepared 100% correctly.
 
I waited about 2 months (keep in mind state holidays). Don't worry. If they received your letter (can be seen by USPS website) and you put an envelope with your address, they will send you back.
Hi!

the finding letter of my advisory opioin was sent on october 30th, but I haven't received anything yet in mail or email. how long did you wait for before receiving the letter? is it normal to take that long to get a letter delivered?
 
Hi!

the finding letter of my advisory opioin was sent on october 30th, but I haven't received anything yet in mail or email. how long did you wait for before receiving the letter? is it normal to take that long to get a letter delivered?
Hi! I sent a request again and that's what I got.

November 6, 2023 - mail sent
November 9, 2023 - mail received
December 20, 2023 - process started by an officer
January 31, 2024 - 'not subject' (based on info from the website)
February 7, 2024 - received an answer by e-mail.

No paper response wasn't send to me back, I guess never be sent.
 
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