How to get a J1 waiver for green card. (I'm holding H1B now)

allen8692

New Member
Here is my situation:

I got Ph.D in south korea without support by Chinese government. I came to university in US with J1 visa after I got Ph.D degree. then I held J1 for 1 and half years. My J1 visa stamp and DS-2019 form showed that I am not subject to 212(e). Then I changed J1 to H1B, and I am holding H1B. During the application of H1B, USCIS asked me for the J1 waiver, but I don't have the official evidence. After I stated that the visa stamp and DS-2019 indicated that I am not subject to 212(e), I got H1B approval.

Now I plan to apply the green card, and I-140 have been submitted. The lawyer told me that J1 waiver would be needed during filling I-485 step. Though H1B means that I am not subject to 212(e), they still suggested me to request a Advisory Opinion for obtaining a official evidence. Then I sent the copies including visa ds-2019... to apply the advisory opinion. After two month, I found the status on line changed from "pending" to "subject". What does it means? Am I subject to the 212(e)? What can do now? I already got H1B, which means I was not subject to the 212(e). Does someone have this experience? It's very urgent. Thanks!
 
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