Immigration Issues/H1B-two year rule

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Question
Hi,
I am currently working for one nonprofit organisation on J1. I  asked for sponsoring my H1B visa. I was told that they cannot do it because some changes were done and I need to go back home for period of two years. But I found out that my visa stamp says that two year rule does not apply. I am confused right now! Could you please tell me if some changes were done so that I need to go back home even though my visa stamp says something different?

Thank you
Filip

Answer
Filip,
Your company is right, they are talking about the 212(e)requirement for a two year residency in your country prior to be eligible to change status.  Even though this may run contrary to your visa stamp this is the rule.  You can obtain an advisory opinion from the Dept of State to confirm that you are not subject to the two year residency requirement.  If the opinion states you are subject to the two year requirement you can apply for a waiver.  
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

Expertise

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,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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