Does 212e Apply to me ??

M

mtp04gm

New Member
Hi All,

A bit of background that I am an Indian national currently in the UK on a PhD program (sponsored by UK science body) and I had once received a J1 visa from London. This exchange visit was not sponsored by any government body (US/UK or Indian Govt.). The validity of my J1 visa was from 11 Sep 2006 to 25th Nov 2006, between which I has spend 40 days in US.
My DS 2019 says I am a 'Research Scholar' for the duration of my stay in US.

Now I am applying for a H1 visa, but the problem is that I don;t know that if I am subjected to the '2 year bar' rule.
The most surprising thing is that, neither my DS 2019 or J1 visa stamp say any thing about the 212e rule applying to me or not. Has the US consulate whi stamped my visa, just forgot to check that criteria or there was a specific reason why they did not mark it in the first place.

Does any one out there know if I am at all subjected to the '2 year bar' rule or not.

Any suggestion would be really helpful.

Thanks in advance.
mtp04gm
 
Well you seem not to be subject based on government sponsorship, but the other criterion is whether or not your subject matter (the topic of the research you were doing) is on the Skills List for India. The most assured way to determine if you are subject or not is to initiate an Advisory Opinion from the DOS. Find info by Googling J-1 Advisory Opinion.
 
Hi jk0274,

Thanks for your reply.
Yes after reading quite a few forums and cases, even I think that I am not subjected to the 2 year exclusion rule.
Basically the program on which I obtained my J1 was an exchange visit between 2 collaborating Universities, both of which are members of this Organization called 'Worldwide University Network'. There are other 10-15 member University who take part in such exchange around the globe.
Anyways, the real issue seems to be that my J1 was issued in UK and has nothing to do with India or Indian Government and nor is my PhD program being sponsored by any Government. And more interesting fact is that UK is not even on the list of countries where these courses or skills are in short supply. If that were the case then I can see the point in the 2 year bar being applied to me regardless of my nationality and residency criteria. If you look at the situation is another way, then if I have to serve the 2 year bar, then I must do that in UK (and not India) as my J1 visa was issued in UK and I was a legal resident of this country when making the application. But my course is not on the UK list or lets put it this way that UK is not even on the skill shortage list that US government publishes.

Well whatever be the case and however good your logical thinking is...US government immigration rules are sometimes completely bonkers.

Anyways I am going to initiate an 'Advisory Opinion' and see what the outcome is going to be. Plus I am drafting a complete case history to explain my position. I don't know if that helps....but its not going to harm either (I think!!).
jk, I do really appreciate your help though .

Cheers.
 
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If in doubt, they will hold the bar against you when you try to switch to H1B. Even if you get away with the H1B, when you apply for adjustment of status they definitively will ask questions. Advisory option might be a good idea.
 
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