What should I do?

[Shanks2027]

Hi, I'm on h1 visa and a software professional. i got a dv case on me which was dismissed by the DA and under plea bargain i accepted criminal mischief with one year's probation and dv classes. After all this i reconciled with my wife and currently we are living together. It's been already six months i have been attending the classes. Now all of sudden i lost my job, my employer and client are completely unaware of the case as yet. My company is looking for a new client now. i'm afraid that my case will be open to my company and the potential client in the background check and to USICS in the H1 transfer process. And i may lose my job and visa both. 
In case of me out of job, my H1 becomes invalid and I lose my status and become illegal. In this case, I can't stay and finish my probation. If I stay and finish my probation then i will have stay in the US as an illegal immigrant

[JimH]

I am not a immigration attorney but I went through similar phase so offering my two cents.

Looks like you are working for a consulting company and in the process of finding new project with new client. Yes, it can show up in the background check when you apply for new project and the new client wants to do background check. But again this depends on your current state rules. To be sure, run a self background check and see if it shows up (I am 99% sure it shows up). Once your probation is done, ask your criminal attorney or check with your state rules to see if you can expunge or seal the records. I have been in consulting roles and worked with small clients who don't do any background checks but chances of finding such opportunities are very few. If the client is a big Financial firm or Health insurance company they do background check and your application might not go through. 

The fact that you are now living with the person who called 911 on you does not make any difference. So don't be in the hope that this will change anything. Everyone knows that in most of the DV cases, victim moves back with the defendant.  

Good luck!

[billrider321]

Jim,

 

How did you run a self background check and did you expunge u r case

[pontevecchio]

Hopefully you have involved an Immigration Lawyer at some stage. If you have to leave inform the court through your criminal lawyer about the matter and they may eliminate the remainder of your probation and let you leave. The one years initial probation is the kicker and you should at least now discuss the matter with an Immigration Lawyer.

[JoeF]

You will have to disclose it. USCIS will always know it, even if it is expunged. For USCIS and the consulates it is never expunged.