Approved H1-B without J1 waiver

[lupegatto]

I first came to US in 2000 under a J1 visa and I was entitled to the two years rule. I stayed for 5 months and returned to my country for 6 months. In August 2001 I returned to US to pursue my master’s degree under a F1 visa. When I went to US Consulate to get my F1 visa, the officer asked me if I was aware of the 212 rule. I said yes (and since I didn’t receive any funds from my country or US, I honestly thought that rule wouldn’t apply to me, although I was subjected to). I got the visa with no problem. Four years later I got a job in US and my company filed an H1-B petition on my behalf (that was in 2005). The copy I have does not show anywhere the question if you ever held a J1 visa and if you were subjected to the 2 years rule. But my H1-B was approved. Now I am on the green card process and once we’ve got the perm approval the lawyers asked if I ever had a J1 and when I said yes, they said that before moving forward with I-485 I would first need the waiver and that they don’t really know how my H1-B was approved. My husband also holds a H1-B visa, also had the J1 2 years rule, he did check yes on his H1-B petition form when asked about ever being subjected to the 2 years rule, and even so he got his H1-B approved. Both of us got favorable recommendation from DOS and our case is pending with USCIS over 1 month now. Does anyone else here have being in the same situation and got the final waiver from USCIS?

[lupegatto]

I've just got my J1-waiver approved by USCIS!

[Kennethkedy]

I am very disappointed..I just got the news that my waiver was denied after RFE...Where can I find information ..Can I apply again..do I have to wait certain time?

Thank you