J1 Visa two year rule: an unusual story
Hi, here is my story:
I am from Italy and I came to US with J1 Visa in 2003 (Research Scholar).
I'm now in H1b Visa from 2006. I apply together with my husband for green
Card November 2007.
CIS is reviewing now my I-485 and they send me RFE notice. They state that from the document they received I am under the two year residency requirement. This is a surprise to me because my J1 VISA on the passport states “bearer is not subject to section 212(e), two year rule does not apply”. In addition I was able to have H1b without any problems.
However, looking at her first J1 IAP-66 (I never realize that) the consul check the
Box "subject to two-year resident requirement based on government financing". I have other two following IAP-66 for J1 extension and they did not mention anything.
So there is incongruence between the first IAP-66 and the J1 visa in the passport and nobody really recognize until now. My layer told me that it is a very unusual situation.
Somebody has any idea about what can I do now.
Thanks