J1 - Advisory Opinion - I129

[munich]

I have a J1 visa and the company I work for applied for an I-129.

I am not sure if a 2yr HRR would apply and sometime ago I did not know either about any Advisory Opinion.

I read later that if the IAP66 or DS2019 nor the actual visa would indicate with certainty if the 2yr HRR restriction would (not) apply to me.

My filed I-129 (Petition of a non-immigrant worker) is also asking for a change of status (to L1) ... Will an Advisory Opinion from the DoS be requested in every case by the USCIS when my I-129 is processed ? If so, what information would this Advisory Opinion use to make a decision ?

Munich

 

[Toxsci]

I have a J1 visa and the company I work for applied for an I-129.

I am not sure if a 2yr HRR would apply and sometime ago I did not know either about any Advisory Opinion.

I read later that if the IAP66 or DS2019 nor the actual visa would indicate with certainty if the 2yr HRR restriction would (not) apply to me.

My filed I-129 (Petition of a non-immigrant worker) is also asking for a change of status (to L1) ... Will an Advisory Opinion from the DoS be requested in every case by the USCIS when my I-129 is processed ? If so, what information would this Advisory Opinion use to make a decision ?

Munich

If you are subjected to 2 year rule, then it will be clearly mentioned in the visa Stamp. If it states that you are subjected to the rule, then try if the area in which you are working is in your home country's skill list. If it is not in the skill list, then you can mention that and request for an advisory opinion.
Good luck!
(remember..I am not a lawyer!)
Toxsci.

 

[munich]

Thank you Toxsci. My documents (DS2019 and J1 visa sticker) say both that §212(e) does not apply. Since this is however not sufficient proof as I read I wonder what the USCIS is actually doing to change to come to different conclusions... apparently they would not go by the documentation, would they? Does anybody know how this works ? Has anybody ever had their papers really overturned ?

Munich

 

[Toxsci]

Thank you Toxsci. My documents (DS2019 and J1 visa sticker) say both that §212(e) does not apply. Since this is however not sufficient proof as I read I wonder what the USCIS is actually doing to change to come to different conclusions... apparently they would not go by the documentation, would they? Does anybody know how this works ? Has anybody ever had their papers really overturned ?

Munich

I think you will be okay to change status as you are not subjected to the rule.

Good luck!