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swiss-list: Advisory opinion on 2-yr home rule: is it worth it?

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swiss-list: Advisory opinion on 2-yr home rule: is it worth it?

From: Marc Audard <click for textversion of email address >
Date: Mon, 25 Oct 2004 11:51:36 -0400

Hi,

I am considering requesting an advisory opinion whether the 2-yr home
rule applies to me, or if it is better to simply go for the no objection
waiver. Like many, I received a Swiss NSF fellowship for 1 year (the got
the extension for 2 years without 2-yr rule). Although I had a letter
from the Swiss NSF stating that it is a private institute founded by
private law, I got the visa with the 2-yr home rule. However the IAP-66
does not state that I received money from the Exchange Visitor
Government (only "all other organizations"), and the immigration officer
at entry did not signe a preliminary endorsement of the 2-yr home rule
on the IAP 66. Because of that, I am not sure that the Sct 212(e) rule
applies to me.

However, I know that many recipients of the Swiss NSF fellowship applied
for the no-objection waiver and got it. But is there anybody who
requested an advisory opinion? Was the answer positive or negative?
If you got negative answers, it's better that I simply apply for the
waiver instead of losing time with the advisory opinion.

Please, reply with your experience soon, as I would like to send my docs
this week.

Thanks very much

        
                                Marc
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Received on Wed Oct 27 2004 - 16:19:40 PDT

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