Affidavit that J-1 is not subject to home rule

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bhola2005

Registered Users (C)
Hello,

I am wondering whether anyone submitted submitted an"
Affidavit that J-1 was not subject to section 212e (two year home rule)".

I entered as a J1 but was not subject to home rule. Now my I-485 is pending. Looks like some people submit an affidavit to prove "home rule is not subject to them" with I-485 filing. Please share your experience. If anyone on this board has gone through this, please respond

Thanks,
Bhola :confused:
 
bhola2005 said:
Hello,

I am wondering whether anyone submitted submitted an"
Affidavit that J-1 was not subject to section 212e (two year home rule)".

I entered as a J1 but was not subject to home rule. Now my I-485 is pending. Looks like some people submit an affidavit to prove "home rule is not subject to them" with I-485 filing. Please share your experience. If anyone on this board has gone through this, please respond

Thanks,
Bhola :confused:
Click to expand...


Atleast you need Advisory opinion from DOS whether you are subject to 2 year HRR or not? If you have it or if you have J1 wavier, no problem. I am sure affidivit does not work for 2 year J1 HRR
 
Well, I know my IAP-66 indicated that I was not subject to 2 year Home rule. But, if some crazy officials from INS ask me to prove it, then what to do?

Should I ask my J1 employer to write a letter for me and keep it, in case they ask?

Or, should I do a affidavit for it?

Thanks,
Bhola :confused:
 
If you are not subject to 2-year home rule, on your entry J-1 (or J-2 for dependents) stamp will be indicated clearly: 'the bearer is not subject to section ???" (I forgot the section number, 212E or 214E or something similar).
Make a photocopy, this is the proof.
 
bhola2005 said:
Well, I know my IAP-66 indicated that I was not subject to 2 year Home rule. But, if some crazy officials from INS ask me to prove it, then what to do?

Should I ask my J1 employer to write a letter for me and keep it, in case they ask?

Or, should I do a affidavit for it?

Thanks,
Bhola :confused:
Click to expand...
Two years home residency required"212E applied" is always mentioned on the visa which is there in your pass port try to find out if such kind of things are there on your first visa stamped or what is written in the line of annotation?, it should not be on your IAP-66. This 2 years residency requirement is under the control of the department of State/embassy in your home country and not under the control of your employer or for that matter even your local ISO. However, nothing harm to contact with your ISO and make the things clear to you. generally all J1 holders need NORIs from home country and waiver from US Govt. if you have any question, feel free to discuss on this forum. I have gone thru all these steps (J1 to H1 to Green card). Good luck.
This all my personal experience and not a legal advice.
 
Same suitation

I also had passport and IAP66 with a note "Section 212(e) doesn't apply"

I went ahead and filed for NIW without any waiver and directly from J1. Got my I140 and 485 approved without any questions.

But as a back-up I had all the required documents (no-obligation to return) from my home country in case INS wanted me to get a waiver. Each case is different and INS officer inchage of your case makes a decision if you need a waiver or not.
 
How to get a J1 Waiver

Hello Freinds,

You really advised me a good point i.e to get a waiver from INDIA as a back up. Because we don't know what they will ask for.

Can any of you please let me know, how to get a waiver from INDIA? Specially crsreeve or anyone else, please advise as you had gone through all these steps.

Thanks,
Bhola :confused:
 
bhola2005 said:
Hello Freinds,

You really advised me a good point i.e to get a waiver from INDIA as a back up. Because we don't know what they will ask for.

Can any of you please let me know, how to get a waiver from INDIA? Specially crsreeve or anyone else, please advise as you had gone through all these steps.

Thanks,
Bhola :confused:
Click to expand...

It's a multi step and relatively complex process please visit http://chicago.indianconsulate.com/norich.pdf
or any consulate general of India in US and find out the details. For further question, feel free to use this forum. Many Gurus are here to help you out.
 
Last edited by a moderator:
compass said:
If you are not subject to 2-year home rule, on your entry J-1 (or J-2 for dependents) stamp will be indicated clearly: 'the bearer is not subject to section ???" (I forgot the section number, 212E or 214E or something similar).
Make a photocopy, this is the proof.
Click to expand...

Compass:
FYI: that stamp means NADA. Sometimes, the official issuing the visa may be too lazy to find out if you are subject or not. I know many folks who were subject, but had the NO SUBJECT stamp, and it came back to haunt them. I also had the "no subject" stamp, but still went ahead and got my waiver because my situation was ambigous.
 
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