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I am in the process of adjusting status. Someone is sponsoring my PR application and that first stage is completed.
Today I received a request for evidence stating that when I had a J1 visa in 2009 I was subject to the 2 year home residency requirement and that I need to provide "evidence to establish that I am not subject to Section 212(e) of the act"
In fact, I was on a J1 visa in the US for a couple of years until 2010. Then I adjusted my status to an employer sponsored H1B (that is the visa/status I have been in since 2011). My old J1 visa stated that I was not subject to the 2-year rule ("Bearer is not subject to section 212(e). Two year rule does not apply). In addition to that the DS-2019 forms are blanked in the section in which it could have been stated that the 2-year home residency requirement applied.
My question, is it enough to provide the following evidence:
- Copy of my J1 visa and the DS-2019 forms.
- Copy of my current H1B stating that had I been subject to the two-year home residency requirement, then I could not adjust the status from J1 to H1B.
- In a letter explain that I was not subject to the rule because (1) my program was not sponsored by the US government or by my home country; (2) that I am not a medical or health professional in training; and (3) that my profession is not included in the list of professions/occupations that my country lists in the exchange visitors skill list. For (3) I could include a print out from the State Department website with the information on my country.
Does anyone know if this would be enough? I am very anxious about this process.
I know that another alternative would be to request the State Department an Advisory Opinion assessing my case (to prove that I was not subject to the 2-year home residency requirement). However, I am concerned about timing. I just received the letter today, but it is dated Mid-February, which means I only have 6 weeks tops to respond to the request of additional information. Given that the Advisory Opinion takes up to six weeks I would rather not wait.
Another question, if the USCIS considers that the information I sent (the one I listed above) is not sufficient, will they request for additional information (and then I could submit the Advisory Opinion) or will they deny the application?
Any help will be appreciated!
Thanks!
Today I received a request for evidence stating that when I had a J1 visa in 2009 I was subject to the 2 year home residency requirement and that I need to provide "evidence to establish that I am not subject to Section 212(e) of the act"
In fact, I was on a J1 visa in the US for a couple of years until 2010. Then I adjusted my status to an employer sponsored H1B (that is the visa/status I have been in since 2011). My old J1 visa stated that I was not subject to the 2-year rule ("Bearer is not subject to section 212(e). Two year rule does not apply). In addition to that the DS-2019 forms are blanked in the section in which it could have been stated that the 2-year home residency requirement applied.
My question, is it enough to provide the following evidence:
- Copy of my J1 visa and the DS-2019 forms.
- Copy of my current H1B stating that had I been subject to the two-year home residency requirement, then I could not adjust the status from J1 to H1B.
- In a letter explain that I was not subject to the rule because (1) my program was not sponsored by the US government or by my home country; (2) that I am not a medical or health professional in training; and (3) that my profession is not included in the list of professions/occupations that my country lists in the exchange visitors skill list. For (3) I could include a print out from the State Department website with the information on my country.
Does anyone know if this would be enough? I am very anxious about this process.
I know that another alternative would be to request the State Department an Advisory Opinion assessing my case (to prove that I was not subject to the 2-year home residency requirement). However, I am concerned about timing. I just received the letter today, but it is dated Mid-February, which means I only have 6 weeks tops to respond to the request of additional information. Given that the Advisory Opinion takes up to six weeks I would rather not wait.
Another question, if the USCIS considers that the information I sent (the one I listed above) is not sufficient, will they request for additional information (and then I could submit the Advisory Opinion) or will they deny the application?
Any help will be appreciated!
Thanks!
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