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Immigration Issues/J-1 to O-1 visa and 2 year residency rule


Dear Mr Ashley,
I am a UK citizen currently employed as a Fellow in the Arts on a renewed J-1 visa valid until November 2009. I want to accept a new job in the private sector and need to find out if I can change from the J-1 to an O or an E visa and whether I am subject to the 212e rule. My first visa didn't say but the renewed version does....could they be wrong?
How would I check this?
I am grateful for your time and advice.

I have done this many times for my clients. To circumvent the 212e requirement, an O or E visa may be the solution.  To confirm whether you are subject to the 212e requirement, you should send a letter to the Dept of State asking for an advisory opinion.
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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