EB1A and J1 Waiver

[frenzgood]

Thanks rkottani and others....
I've decided that I'll wait for I-140 approval before jumping on to H1...

 

[lakksh]

I also have J-1. But my visa says "Two year rule does not apply". Does that mean I do not have to get waiver or I still need it? One of my friends still got the waiver and he is very confident that I need to get it since I am working in biological field. However, the international office at my work said I do not need to get it. I am confused. What is your opinion?

You are subject to waiver: 1. if u were funded by either USA or your Home country govt or Your skills appear under skills list in Dept of state manual. Sometime consular officers make mistake. I would suggest you to apply for Advisory Opinion to US Dept of State. Visit DOS website's J-1 section for more details.

 

[hnks]

Hello Kissmo
I have exactly the same situation as yours and was told by the international office that I do not need a waiver and also a friend asked me to apply for a waiver just in case. SO after some investigation Lakksh is correct.
YOu can visit this website and there is a link for the list of skills in each country
http://www.upenn.edu/oip/iss/visa/j1/scholar/index.html
Now my question is:
First my country is not listed at all in this list (i.e. no skills are in short supply in my country and no one I know from my country has had a waiver before. My question is about the funding. I am payed from a grant from the NOAA to a professor at a University, is this a government funding???
thanks

 

[skvadivel]

Depends upon the country, where the visa was issed either you may have stamp on 212E or not. The best solution is to write DOS and ask for advisory opinion which would take 2 -12 weeks.

 

[rkottani]

I also have J-1. But my visa says "Two year rule does not apply". Does that mean I do not have to get waiver or I still need it? One of my friends still got the waiver and he is very confident that I need to get it since I am working in biological field. However, the international office at my work said I do not need to get it. I am confused. What is your opinion?

Kissmo91,

I also had the same thing in DS2019 and visa (212(e) rule does not apply). If you are sure that any one in your field has it, you should also take it. I didn't ask anyone but I took waiver for this for being safe. So, you can do one thing, if you have time you can obtain advisory opinion on your case by sending your Ds2019 and visa to DOS. They will tell you exactly what you have to do. I think you should take it.

Good Luck

 

[kissmo91]

thank you

very much for the all the replies. Today I asked the international office to send my documents to DOS for advisory opinion. I will make this thing clear by posting the result once I get it. Thank you again.