Peixin

Proof from the DoS website (https://j1visa.state.gov/participants/current/adjustments-and-extensions/) statement:

"Program participants who are subject to the two-year home-country physical presence requirement, as established by Section 212(e) of the Immigration and Nationality Act, must apply for a waiver of that requirement if they seek to remain in the United States beyond the end date of their programs or if they seek to submit an application to the United States Citizenship and Immigration Services for a change in visa status."

? Unless the rules have changed, you cannot get H-1B if you are subjected to 212(e). You can begin H-1B application without the waiver NOA in hand, but eventually, when you are approved, to get the visa stamp you absolutely need to waive 212(e).

Hello,

Yes, I reapplied for the waiver. I ended up writing to DoS for advisory opinion and they confirmed that I was resubjected to 212(e). It took me 5 months to get the waiver again.

It is working again. Hurray!

Same problem here. Tried to apply multiple times for the past few days but the same thing happened. Called a bunch of places but they keep bouncing me from one number to another. Sent emails to IT, j1visas@state.gov and 212ewaiver@state.gov. Hope they are working on resolving the issue..

Hello,

i got I-140 approved (EB2-NIW) and I am applying for AoS. my lawyer alerted me that my last DS-2019 still had 212(e) ticked even though I received J1 waiver at an earlier date. He claimed that this voided the waiver and urged me to reapply for the waiver to cover all my DS-2019s. I do not trust him because I used the same J1 waiver and all my DS-2019s to apply for H1B and I successfully got it. Can anyone’s provide a second expert opinion on this matter?