Immigration Forum

Two year rule home country problem


#1

Hi,

I am in a little bit of a messy situation. I am a graduate student in Ireland. This summer I have visited UC Davis for three months with a J1 visa. I received partial funding from Ireland, however I am not an Irish citizen. Now I got a postdoc employment offer and I need an H1B visa.
I was advised by employer (Penn State) to request an Advisory Opinion from the US State Department, to determine if the consular officer made his 212(e) judgement in error. Since my funding came from the Republic of Ireland should not have been entered into SEVIS as “Home Government Funding,” and therefore should not have subjected to 212(e).
Is this the right way to go? If I apply for a waiver I need to get No Objection Statement from my home country (Bosnia and Herzegovina). I have not resided in Bosnia in the last 7 years and they have nothing to do with my funding.

I have filled in the application tor the Advisory opinion. I was wondering if it is advisable to amend the accompanying self-generated letter to explain my situation, and attach a few documents?

I was not able to input the I-9 number because it contains a letter and the system would not allow me. What should I do?

Best,
Mladen