advisory opinion letter

[danzx8]

Hi,
I have my I-485 pending. Today my attornery recieved a letter from the Nebraska SC, asking for additional evidence. The issue is that in 2002 I changed my status from B1 to J1 while in the US. With issuing J1 visa, the INS also issued me 2 year home residencly requirement (wrongly). I applied for an advisory opinion letter from the Department of State in 2002, which I received, and which stated that I was NOT a subject for 2 year requirement. Since then I traveled back to my home country, and then returned with H1B. I have never applied for waiver, however, thinking that DOS letter will suffice if I decide to change my status in the future.
Now, the CIS letter says that I was found to be subject for 2 year requirement, and they request my attorney to send them either an evidence that I spent 2 years at home country, or that I got a waiver. My attorney is going to send the copy of that advisory opinion letter, saying that i should not have been found to have that requirement.
My question is - how "powerful" is the advisory opinion letter from the DOS? Could the immigration officer still deny the petition, arguing that I am a subject for 2 year requrement.
Thanks for any response.

 

[iceui]

You'll be fine as long as you submit that view from DOS.
Did you submit that with your i-485 files while you were filing? Your atternoy should do that in advance.

 

[danzx8]

That's what I thought my attorney would do. However, it appeared that he did not, and that's why the CIS reqests additional evidence now.
Thanks for your reply.