J visa Advisory Opinion

[sunnyillinois]

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. 

[jairichi]

I believe the AO from DOS will stand. Talk to a good attorney and proceed forward.

[Attorney_6]

While it is correct that the USCIS makes the final decision, the advisory opinion from DOS should clarify the matter. There is no other source for getting additional, authoritative, input into the matter. The USCIS doesn't issue advisory opinions on this issue.

 

It is not particularly uncommon for there to be an error in the notation about 212(e) on the visa "stamp."