hi there, I am in a very similar situation. I am as well from Peru and I was given two J-1 visas. I was subject to the two year home residency on the first one, I did the program and went back. I applied to the same program the following year and this time my J-1 said I was not subject to it. This is ten years ago. I applied to the change of status in 2003 and got the f-1 and two degrees and two OPTs later here I am applying for the H1B. I just recently received an RFE requesting the so called waiver for the two year home residency requirement. I have a meeting with the lawyer this week but at this point I am not sure what the outcome will be. I am hoping that I can get the waiver in a timely manner so I dont miss my deadline if that is what is asked from me. As far as your situation, I feel for you and I will gladly share my findings once I have more clarity in this whole paperwork mess. I really hope things turn out well for the two of us.

Quote Quoting pachilo1974
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On January 2005, entered the US as a J-1 student to a college in NY. By that time, my English was pretty bad, so I didn’t understand the implications of getting marked and signed in my DS160 form: “No subject to the 2 years rule” and getting in my visa stamped with the opposite: “bearer is subject to the 2 years rule”. (It wasn’t even explained to me)
On August 2005, I transferred from my Peruvian university to this college I came to, so I became F-1. Since then, I kept my legal status through 2 OPT’s, a Masters in VA, and 2 grace periods.
On August 2010, my sponsor filed my H1b petition and on May 2011, it gets approved (until 09/30/2013). I started working as H1b holder. During the H1B process, the contradiction, born in 2005, shows up, but the company lawyer convinces the migration officers of approving my h1b since it was marked in my DS160 form that I wasn’t subject to the 2 years rule.
On June, 2012, my father has a stroke and suddenly dies. After 7 years legally living in the US, I had to go back to Peru to support my family and to be with him this last time. Trusted on my legal condition, I went the US Embassy to ask for my h1b visa stamping, but they asked me to get the waiver212e. The US officer confused by the contradiction apologized for the mistake, but told me me they have to be stricter: I entered the US as an exchange student; therefore, I have to get the Waiver212.
Here I am. Today, after 2 months, stuck in Lima, and with bills to be paid in the US, I got the response to my Advisory Opinion request.(not a positive one) It says I am subject to the 2 years rule. Even though, the process for getting this waiver is running (our lawyer already sent the form, Non objection letter from the Peruvian Consulate has been sent, a $215 fee paid and other documentation needed) some questions arise.
1.What are my chances of getting this waiver?
2.Could I get my H1b work permit revoked or reviewed?
3.Is there any chance the waiting time could be shorter? What can be done?
4.Can the mistake generated by the 2005 officer somehow used in my favor? How?

Thank you so much for your help.