a.curious Posted May 1, 2014 Report Share Posted May 1, 2014 I am an Indian citizen, pursuing PhD in The Netherlands and will be going to the US for a 3-months internship. Today I got my visa and the stamp and DS2019 both say the 2-year rule does NOT apply to me. I would like to pursue career opportunities in the US afterwards thus would like to know that the 2-year rule doesn't apply to me, because in general, it should based on my nationality. I read at places that what's written on the stamp is not legally abiding and one should get Advisory Opinion from DOS. I wanted to know if anyone else has been in the same situation and is it possible for DOS to decide differently on my 2-yr ruling? Link to comment
jairichi Posted May 1, 2014 Report Share Posted May 1, 2014 I am an Indian citizen, pursuing PhD in The Netherlands and will be going to the US for a 3-months internship. Today I got my visa and the stamp and DS2019 both say the 2-year rule does NOT apply to me. I would like to pursue career opportunities in the US afterwards thus would like to know that the 2-year rule doesn't apply to me, because in general, it should based on my nationality. I read at places that what's written on the stamp is not legally abiding and one should get Advisory Opinion from DOS. I wanted to know if anyone else has been in the same situation and is it possible for DOS to decide differently on my 2-yr ruling? Yes, there is always a possibility. In my DS2019 it was mentioned that I am not subject to 212(e) but on my visa it was printed that I am subject to it. So, no harm in getting an advisory opinion from DOS. Link to comment
J1waiver205 Posted May 1, 2014 Report Share Posted May 1, 2014 I am an Indian citizen, pursuing PhD in The Netherlands and will be going to the US for a 3-months internship. Today I got my visa and the stamp and DS2019 both say the 2-year rule does NOT apply to me. I would like to pursue career opportunities in the US afterwards thus would like to know that the 2-year rule doesn't apply to me, because in general, it should based on my nationality. I read at places that what's written on the stamp is not legally abiding and one should get Advisory Opinion from DOS. I wanted to know if anyone else has been in the same situation and is it possible for DOS to decide differently on my 2-yr ruling? Do not waste time in getting Advisory Opinion......In my opinion, getting it is a sheer waste of 2-3 months of your life......just apply for the J1 waiver.....I think your skills will be demanding a J1 waiver.....all the best....if any further questions, you can contact me on the user name in combination with gmail. All the best. Link to comment
Rimpy Posted May 3, 2014 Report Share Posted May 3, 2014 I am an Indian citizen, pursuing PhD in The Netherlands and will be going to the US for a 3-months internship. Today I got my visa and the stamp and DS2019 both say the 2-year rule does NOT apply to me. I would like to pursue career opportunities in the US afterwards thus would like to know that the 2-year rule doesn't apply to me, because in general, it should based on my nationality. I read at places that what's written on the stamp is not legally abiding and one should get Advisory Opinion from DOS. I wanted to know if anyone else has been in the same situation and is it possible for DOS to decide differently on my 2-yr ruling? we had a very much similar situation, and after advisory opinion we came to know that 2-year rule does APPLY to us. so to my opinion go for advisory opinion to be on safer side. Link to comment
user250 Posted August 9, 2014 Report Share Posted August 9, 2014 Here is my scenario: I am Indian citizen, got J1 visa from Berlin, Germany as I have done my PhD in Germany. My visa, DS2019 says I am NOT subjected to 212e requirement, clearance received. I have not traveled out of USA since my arrival. My Postdoc subject area is listed in the skill list for Indians. My J1 visa is going to expire in July 2015. Do I require waiver to process H1B and for GC in future? Anyone had such experiences? Please share. Link to comment
jairichi Posted August 9, 2014 Report Share Posted August 9, 2014 Here is my scenario: I am Indian citizen, got J1 visa from Berlin, Germany as I have done my PhD in Germany. My visa, DS2019 says I am NOT subjected to 212e requirement, clearance received. I have not traveled out of USA since my arrival. My Postdoc subject area is listed in the skill list for Indians. My J1 visa is going to expire in July 2015. Do I require waiver to process H1B and for GC in future? Anyone had such experiences? Please share. I was in the same situation like you with a PhD from France, "not subject to 212e" in DS2019 but "subject to" mentioned in passport due to Indian skills list. My advisory opinion confirmed that I am subject to 212e and I got waiver successfully. Link to comment
user250 Posted August 11, 2014 Report Share Posted August 11, 2014 My visa says " I am NOT subjected to 212e requirement, clearance received" My DS2019 marked with "212e NOT subjected to" I am wondering about it Link to comment
jairichi Posted August 11, 2014 Report Share Posted August 11, 2014 My visa says " I am NOT subjected to 212e requirement, clearance received" My DS2019 marked with "212e NOT subjected to" I am wondering about it Get an advisory opinion as you are in Indian skills list. Link to comment
a.curious Posted October 15, 2014 Author Report Share Posted October 15, 2014 Got the reply from DOS today that I am subject to the rule as per the skills list for India. Link to comment
jairichi Posted October 15, 2014 Report Share Posted October 15, 2014 Got the reply from DOS today that I am subject to the rule as per the skills list for India. Thanks for the update. Link to comment
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