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J1-Subject to 212(e) due to government funding from a government other than that of my citizenship or US

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I am Greek citizen. I did my PhD in Germany for less than 5 y.Then I went to Canada as temporary worker for one year and direct after that I entered US as J1 research scholar with a fellowship from Germany, from the German research foundation, that is not a government agency but receives german government funding. My DS-2019 and Visa depict "Not subject to 212(e). However, in the DS-2019 form I entered erroneously as permanent residency Germany, although I had left it one year before entering US. Other German fellows with the same fellowship are subject to 212(e) and I fear that when later applying for H1b I might have problem. However I fear asking for an opinion so that I do not attract attention. It seems that under german law I am not regarded perm. resident after leaving the country.

Attorney Answers 3

Posted

Visa annotations are not always accurate. Your situation seems a good mix of global issues. You are genuinely concerned about future and must seek advice. It would be nice to obtain advisory opinion from the DOS to make a knowledgeable choice.
Best Wishes!
Lalita Haran
13295 Illinois St ste 128
Carmel IN 46032
Ph: (317) 660-6174
www.haranlaw.com

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Posted

What is your question?
I think that based on the facts as you present them above, you have nothing to fear, you will not be subject to the 2 year home residency requirement. Also, please do not ask for any "opinion" from a government agency, for they are completely unpredictable and if you get an erroneous decision (as I am afraid you might) you will then be stuck with it, with one officer protecting the error or his/her colleague and so on.
Good luck to you.
Kali nihta!
Giacomo

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

You have to work with your DSO to correct the DS-2019.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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