Is there any website relating to this kind of situation?

來源: 2008-02-05 03:48:21 [舊帖] [給我悄悄話] 本文已被閱讀:

Actually, I already talked to the lawyer one year ago about my concern filing I-129. However, he said it is ok as long as I don't actually go to the embassy and apply for the visa stamp. He said filing I-129 one year early would be an advantage, since I could get two chances to get the approval (due to the cap).

I understand if I go to the embassy now, they will easily refuse me due to 212(e). So I believe the application of H-1b visa means you go to the embassy and apply for such visa. Am I right? Is there any information on this? I already checked the INA 212(e) clause. There is no detailed explanation on what is the application of H visa. Does filing I-129 also consider as application to H-1b visa?

Moreover, in I-129, there is a question about J-1 waiver under section C Numerical Limitation Exemption Information. I honestly ticked 'No'. The question is as following.

Is the beneficiary of this petition a J-1 nonimmigrant alien who received a waiver of the two-year
foreign residency requirement described in section 214 (l)(1)(B) or (C) of the Act?