I obtained my J1 visa in March 2005. On my DS-2019 Form, it clearly states that The Exchange Visitor in the above program is NOT Subject to the Two-year Residence Requirement. My J-1 visa was marked NOT Subject to Section 212(e) of the Immigration and Nationality Act, as amended. I sent copies of my valid passport and J1 Visa to my wife in China in order to apply for family members’ J2 Visas. About one month later, my wife and sons received their J2 visas. Surprisingly, I did not see any marks on their DS-2019 Forms indicating Subject to Section 212(e). But their J2 Visas were marked with Subject to Section 212(e).
Now my questions are listed below:
(a) Why do my family members’ J2 Visas indicates subject to the Two-year Residence Requirement?
(b) I applied for the Waiver of the Two-Year Residence Requirement for all of my family members and got an I-612 Approval Notice in November 2006. However, my Department requested an extension of my J1 Immigration Status for third year in 2007 valid to March 31, 2008. Since my Department now intends to request a change my J1 Immigration Status to H-1B, the International Faculty and Scholar’s Office of the university only agrees to apply for H visa for me rather than my family members. Do you think it is reasonably?
(c) I submitted my I-485 last June, based on an approved EB1-140. The International Faculty and Scholar’s Office of the university told me that the I-485 for my family members will be denied because of the problem of the waiver. Is it true?
(d) How can I push my department to apply for the H visa for all of my family? Any good options?
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