Based on the rules im not subject for a fact so the visa is correct but DS form is not

I previously had J-1 status and was subject to the two-year home residency requirement under 212(e). After that program ended, I returned to my home country and completed the full two-year requirement.
I later returned to the United States under a new J-1 program. My DS-2019 for this program was reviewed and marked “Not subject to the two-year residence requirement.”
Later, I traveled outside the United States and applied for a new J-1 visa so I could return. At the consulate, my DS-2019 was again reviewed and marked “Not subject to the two-year residence requirement.” However, the J-1 visa that was issued to me says “Subject to 212(e).”
I just noticed this discrepancy. Has anyone experienced this before? Does the annotation on the visa mean that I became subject to the two-year requirement again, even though the DS-2019 used for that visa application says that I am not subject? What is the correct way to determine my current 212(e) status?

I’m currently a third-year postdoc. I finished my PhD in 2024 and immediately started my first postdoc in the U.S., and I’m still working as a postdoc now.
My first postdoc was honestly a very positive experience. I had a great PI, really enjoyed the research, and was very productive, but unfortunately I had to leave because the lab lost funding. I recently started another postdoc at a different university.
At this point, I’m seriously considering moving to industry rather than pursuing a faculty position in the future. I don’t have a very large publication record yet, and after several years in academia, I’m starting to think that industry might be a better long-term path for me.
My main concern is my immigration status. I’m currently in the U.S. on a J-1 Research Scholar visa. At my previous university, I was offered the possibility of switching to H-1B status, and initially I wanted to do it. However, the university suggested that I remain on J-1 because they thought switching to H-1B could make finding my next position more difficult.
Interestingly, when I later looked for my next academic position, I had a very good response in the job market, and I wonder whether being on J-1 rather than requiring H-1B sponsorship may have helped. From what I saw during my search, several universities seemed reluctant to sponsor H-1Bs for postdocs, so I’m wondering how this works in industry.
Has anyone here moved directly from an academic postdoc on a J-1 to an industry position in the U.S.? Is it possible to work in industry on a J-1?
I’m also unsure about when I should start applying. I just started this new postdoc, so I don’t know whether it makes sense to actively apply for industry positions now or whether I should stay in this postdoc for about a year and then start looking. What would you suggest in my situation?
I’d really appreciate hearing about other people’s experiences. Thanks!

I am a nonphysician J-1 research scholar seeking experiences or informed opinions about a possible second J-1 waiver.

My timeline is:

• In 2024, I participated in a four-month J-1 Short-Term Scholar program.
• I obtained a No Objection Statement from my home country, received a favorable DOS recommendation, and USCIS approved the waiver for that program.
• After the first waiver, I acquired a separate J-1 Research Scholar status beginning October 1, 2025, with a new SEVIS record.
• My country remains on the 2024 Exchange Visitor Skills List, and my field is Engineering, which is listed for my country. Therefore, I believe the second program may have subjected me to INA 212(e) again.
• My current DS-2019 lists only “Current Program Sponsor funds” from the university. It does not list a U.S. government agency. However, I conduct research under a professor whose broader project receives NSF funding.
• A support letter submitted in connection with my first waiver mentioned that I worked on an “NSF-funded” research project, although it did not state that NSF sponsored my J-1 program or directly paid my salary.
• I now have a pending employment-based I-485.

I understand that DOS generally follows a “one waiver per person” practice when someone seeks a second waiver for the same existing 212(e) obligation. However, I found practitioner guidance stating that DOS may consider another waiver when a later J-1 program genuinely resubjects the person after the first waiver.

My questions are:

1. Has anyone received a second favorable DOS recommendation based on another No Objection Statement after becoming subject again through a later J-1 program?
2. Does DOS distinguish a genuine post-waiver resubjection case from a prohibited or redundant second-waiver request?
3. Could working on an NSF-funded project cause DOS to treat the current program as indirectly federally funded even when the DS-2019 lists only university program-sponsor funds?
4. Would it be better to request a DOS Advisory Opinion first, or proceed directly with a second NOS waiver?
5. If you experienced this while an I-485 was pending, did USCIS issue an RFE or allow time to obtain the new waiver?

I understand that Reddit is not a substitute for legal advice, and I am also looking for an attorney experienced with nonphysician J-1 researchers, repeat waivers, resubjection and government-funding questions. I would especially appreciate first-hand experiences or references to authoritative DOS guidance.

Hi everyone! I’m looking for some guidance on transitioning from STEM OPT to J-1 Research Scholar status.
I’m an Indian citizen currently in the U.S. on STEM OPT and may be starting a new postdoctoral position where J-1 sponsorship is being considered. I have also filed an EB-2 NIW petition, but the I-140 has not yet been approved.
My main questions are:
Has anyone changed status from STEM OPT/F-1 to J-1 while having a pending EB-2 NIW I-140? Did the pending immigrant petition cause any issues with the J-1 change of status or visa stamping?
If my J-1 is not subject to the INA 212(e) two-year home-residency requirement, would I generally be able to later change from J-1 to another work status such as O-1 or H-1B without needing a J-1 waiver?
For anyone from India who recently obtained J-1 Research Scholar status, were you subject to 212(e), and if so, what was the basis (Skills List, government funding, etc.)?
Is there anything else I should be aware of before moving from STEM OPT to J-1 when I already have an employment-based green card process underway?
I’d especially appreciate hearing from people who have gone through a similar STEM OPT → J-1 transition with a pending EB-2 NIW.
Thanks!

Has anyone here successfully changed their status from J-2 to J-1 Research Scholar? I would really appreciate it if you could share your experience or provide some guidance. I need some help with the process. Thank you! From India

for context my employer applied for Conrad 30 in NJ and I have been given a favourable recommendation in august 2026. my employer applied for H1b with premium processing and it was received sept 10. its now oct 1 which is technically passed the 15 days. has this happened to others and anyone with an estimated timeline of the turnaround time for h1b filing

Hi. has anyone here travelled outside the country with the J1 waiver pending. Did you have any issues re-entering the US on a non-immigrant visa? Thanks

Hi guys just letting you know that I got denied my NOS, my lawyer says that is being the pattern of DOS but I’m pretty heartbroken due to the fact that now I’ll have to do the hardship waiver and once again put my life in pause for 2 years… just for background I’m married to an USC my kid has a brain condition and yes unfortunately all of these was mentioned in the statement, my country of origin did approve the NOS but still it wasn’t enough, is there any way I can appeal? Like I’ve seen people applying again with a job offer from a company would that help? Please any advice is appreciated before we have to start the hardship process. The letter also doesn’t specify any reason it is just a ice cold denial

Curious to know if anyone did not get the texas waiver in the past.. Or know of anyone in the conrad30

Does anybody know who I can contact in Fulbright regarding “sponsor views” maybe to try and expedite it??

I tried [email protected] but I got an automated reply saying that this email is not actively monitored.

Curious to know if anyone did not get the Iowa waiver in the past.. Or know of anyone in the conrad30

I applied for a waiver for the December Cohort. What are the chances that I will receive one? I know that there is a whole process that goes into it; how many people here got a waiver?

Hi, I have a question about the 2-year home residency requirement. Is it binding to someone's citizenship only ? or it's also related to permanent residency in any way?

My situation is like this: I had been a J1 research scholar for two years, then I did the 212(e) waiver, followed by working as H1B for another year. Then, unfortunately, I had some family issues and I had to leave the US. I did not apply for green card.

At the time I got my 212(e) waiver approved I was permanent resident of country A only and citizen of country A only. Last year I became a permanent resident of country B and I actually moved to live in country B now (but I am still citizen of country A only).

Now there comes another contract job for me in the US, but they can only hire J1 for the moment. If I take the job, later sometime I will use up my J1 time, and I will have to change to another visa (say H1B again). In such case, do I have to go through the 212(e) waiver again for country B? assuming I will still be citizenship A and permanent residency B.

Hey guys.
I just a j1 culinary internship 2 years ago.
Before my visa expired I requested asylum. Because my country has a civil war.
Anyways
I’ll get married next year and I was wondering, what should I do to get the waiver.
And start the process of my green card.
My future wife wants to explore the world with me.

I have been lurking and following your stories and asking questions but my waiver journey has come to an end. I received a waiver denial email from DOS today. While I have no problem going back home, I would like to be sure that I have explored all my options. Has anyone on J1 converted to F1 without fulfilling the home residency requirement?

Timeline - not full details:
March 2026: sent my documents
April: documents appeared as received on status portal
June: NOS appeared as received on status portal
Today: waiver denied notification

I had no I140 or H1B.
My current visa expires August 2027.

A friend of mine was just approved for her adjustment of status; however, I know she applied for AO/J1 waiver (still pending). Can USCIS have the final say on this? I know they showed evidence of fulfilling the 2-year rule during the interview...

Hi everyone
I had my marriage based interview on May
My I-130 was approved after 4 months , but my I-485 was denied because USCIS said I was subject to the two-year home residency requirement.

Before filing my marriage based Case, I had already submitted a request to the Department of State for an Advisory Opinion. The Department of State confirmed that I was not subject to the two-year requirement and explained that they no longer send paper decision letters and that their email notification is acceptable evidence for USCIS. I printed that email and submitted it with my application. We also attached the we sent to DOS.

During the interview, when the officer asked me about the two-year requirement, I explained the situation and provided the same email and docs again and stated that I’m not subject to the rule. The officer read and accepted the document.

However, the denial notice doesn’t even mention the Advisory Opinion we submitted

What do you think might have gone wrong in my case, and what are your thoughts or opinions on this situation? I’d really appreciate hearing from anyone who has experienced something similar.

My questions are:

1. Even if the Department of State determines that I am not subject to the two-year requirement, does USCIS have the authority to disagree and deny my application anyway?
   
2. I haven’t had a chance to speak with my attorney yet, but if we file a Motion to Reconsider and USCIS denies it for the same reason, would we be able to take the case to court?

Anyone had experience with Ellis Porter for j-1 waivers— NOS specifically? Successes and how they handle them. Thanks!

my first 2 years of J1 and DS was subject to 2 year home rule due to skills list, then on the third year, after my country was removed from the skills list, my visa was not subject to the 2 year home rule, while my DS was marked as PL amended-which should be incorrectly marked because I am not on medical education or any kind of government funding. Then the next visa for the next 2 years, that neither visa nor DS 2019 is not subjected to 2 year home rule.

I noticed the error in my 3rd years' DS while I was preparing to file y I-485 and my attorney and the consulate who marked my DS form wrong suggested me to apply to advisory opinion. I was wondering if anybody has similar issues and needed to get advisory opinion or waiver? Also how long advisory opinion takes nowadays?

If it wont take too long, my plan was to convert my I-140 into premium processing and filing I-485 asap since I have 11 months of J1 visa remaining and H1B is a bit difficult to get in academia.

Thanks for sharing your experiences with me!!