H1B without the J-1 waiver

[kappa14]

Hello everyone,

I'd like to get some advice regarding my specific situation.
I'm in the process of getting an H1B visa: my petition was approved, I already have all the needed documents/forms to take an appointment with the Consulate.

Some years ago (2011) I've been in U.S. as a student under J-1 visa. In my visa it is stated "Bearer is not subject to section 212 (E) two year rule does not apply.". Nevertheless, the DS-2019 that I were issued indicates that I am subject to 2HRR. Although more than 2 years have passed already, I haven't been living in my home country ever since for a total time of at least 2 years.
Clearly the two things (what stated in my J1 visa and what stated in the DS-2019) are in contraddiction, and the law firm that follows my case suggested to get a J1 waiver to make sure there won't be any problems.

Unfortunately, for reasons that I won't explain in detail, getting the waiver is taking much longer than expected (I already have the No Objection Statement in my hands anyway), and that started to be an issue.
I'm pondering the option of going to the Consulate without it.
Do you think it would be too risky? What's the likelihood that they would just approve my visa without problems? What would be the worst case that could happen?

Thank you very much for your help.

[jairichi]

Of course there is a risk involved. In the worst case your visa would be denied.