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J visa Advisory Opinion
Dear friends and experts I have a question about 2 year Home residence requirement 212(e):
On my J visa, it was written that I am subject to two year rule, to make this issue clear, I applied for an advisory opinion.
I Received Advisory Opinion from the Department of State in Sep 2011 that I am NOT SUBJECT to two years home residency requirement ( 212e HRR), therefore it is not necessary to process a waiver for the exchange visitor.
My i140 is approved under eb2 (ROW) and Now I want to file my i485.
My question :
I want to make sure if advisory opinion is sufficient and a final determination or not ? If not, then do I still need to seek a waiver from the USCIS for 212 (e)?
I came to know that it's USCIS who holds a final word if 2 Years HRR applies or not. Is it true ?
I do not want to apply for i485 without making this issue clear.
Thank you.
On my J visa, it was written that I am subject to two year rule, to make this issue clear, I applied for an advisory opinion.
I Received Advisory Opinion from the Department of State in Sep 2011 that I am NOT SUBJECT to two years home residency requirement ( 212e HRR), therefore it is not necessary to process a waiver for the exchange visitor.
My i140 is approved under eb2 (ROW) and Now I want to file my i485.
My question :
I want to make sure if advisory opinion is sufficient and a final determination or not ? If not, then do I still need to seek a waiver from the USCIS for 212 (e)?
I came to know that it's USCIS who holds a final word if 2 Years HRR applies or not. Is it true ?
I do not want to apply for i485 without making this issue clear.
Thank you.
