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US H1 Quandery

  • 09-02-2006 11:08pm
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,012 ✭✭✭✭


    I was recently charged with a DUI misdemeanour in the US. Fine and drivers licence suspended for 3 months. Currently I'm on a J1 working visa for a company based in the East Coast. It wont affect my current employment since I was upfront and informed the company straight away and it will not affect my work.

    However, when and if I decide to apply for a H1 visa will I be automatically excluded from the process? There are some companies that have approached me to work for them in California and I'm interested in pursueing one or two of them. Are my chances greatly diminished? If anybody has/knows somebody with a similar experience, or can suggest the best resource to contact with questions on the visa then please let me know. I guess the Us state department would be a good place to start.

    Thanks in advance


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,644 ✭✭✭✭Victor


    Talk to an immigration lawyer.

    I understand most misdemeanours won't be held against you officially, but may be by your (prospective) employer.


  • #3
    Manic Moran
    Moderators, Society & Culture Moderators Posts: 16,808 Mod ✭✭✭✭Manic Moran


    Good question. I honestly don't know. Misdemeanours are going to show up for a few things, for example, your car insurance rates will go up.

    I don't think the visa is going to be an issue, I think they're more worried about felony issues. At least you showed up in court, and didn't skip the country to evade punishment. Surely that has to be taken into account.

    NTM


  • #4
    Jimi-Spandex
    Closed Accounts Posts: 1,199 ✭✭✭Jimi-Spandex


    I'm fairly familiar with US (economic) immigration law, and you will have to disclose the information, just be honest, if it was only a misdemeanor it may still affect your chances, I can't really tell as I don't know the details surrounding it or any other criminal history you may have. There are many factors they take into account when they decide these things, and to be honest, the job title and pay will be far more relevant to the CIS.

    You see, the situation with a H1B visa is that it's the company which is petitioning to have status granted and if they are okay with employing you, I wouldn't think twice about putting this info on your application. I would make sure you go to a decent immigration lawyer to prepare your application. It will probably set you back at least a $1000 but will be worth it.

    But to directly answer your questions

    -No, you will not be automatically excluded.
    -It may affect your chances, but the economic factors are more important to the US CIS.

    If you have any more questions, don't hesitate to ask.


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