H1b Stamping with a 10 yr old DUI


leasonlearned

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Hi - I am currently on H1B visa and below is my case.

April 2007 - DUI Arrest/Conviction (At this time I was on a stamped F1 visa)

March 2009 - H1B stamped in New Delhi, India, till Sep 2011 (after being referred to Panel physician and a wait of approx. 3-4 weeks)

December 2012, March 2013, Jun 2013 - Travelled into US using Advance Parole

July 2013 - Switched employer and got the H1B transfer approved

November 2013 - Went for H1B stamping (New Delhi, India), got referred to panel physician (which was a little strange as 6.5 years had passed since the incident) and didn't get a decision for more than a month. On December 2013  had to travel back to US using Advance Parole (due to work related obligations)

June 2014 - Switched employer and got the H1B transfer approved. Have got H1B extensions approved twice ever since. Also, have not had a chance to travel outside the US since.

I am now planning to go to Canada for a vacation and planning to get stamped (assuming I will get a Canadian visa after 10 years since my DUI)

My Question: Can the VO still refer me to a panel physician after that "first and ONLY DUI offence" that happened 10 years ago? Is there a rule for this referral or is it discretionary? I am asking because in a lot of places I see people mentioning a limit of 5 years.

Insights are greatly appreciated.

 

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I just attended one. The doctor (panel physician) at the New Delhi Max center was saying, even 10 year old DUI cases were being sent for the medical exam. I am not sure what the individual details of those folks were. The VO's in New delhi are not very helpful these days, so I suggest that please be prepared mentally for 4-6 weeks and expect a panel physician exam.

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Shurap1 @ When I filed I-485/EAD, I was unmarried. By the time I got married, the dates had retrogressed so I could never file my wife's I-485. Therefore, I still use H1B (Even though I have a valid EAD) for my wife to be able to maintain her H4. Beside, my employer usually insists on maintaining proper H1B status (meaning keep extending based on I-140, and get stamped if travel outside the US) till the GC arrives. So that's pretty much the reason.

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DeltaOne_Trade @ Do you have a similar case like mine? If so, how long did it take for you to get the visa? You said Delhi VO's are not helpful, do you think Canada will be any better? I know its a pretty vague question, but any stories/experiences you might have heard of, that you could share will be of great help.

Also, if you're OK to have a quick discussion let me know by dropping me a note (no pressure, only if you wish to) at *****@yahoo.com 

Thanks much!!

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@leasonlearned I don't have DUI case but was arrested on charges of DV. Either way, these days, there is a very high chance that if you were ever arrested, they are sending for Panel physician examination. Delhi V.O, the one I interviewed was very pshycotic ( Remember I had gotten a previous stamp in 12 days last time with a different V.O in New Delhi, I saw that guy again but I was randomly assigned a different counter). I strongly suggest to go to India, just because the diplomatic cables which decide what VO should be doing with arrest record get applied everywhere.  Overall It took me from 10th March - to -April25th. Please read my detailed thread

 

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  • 6 months later...
On 4/23/2017 at 3:20 PM, DeltaOne_Trade said:

I just attended one. The doctor (panel physician) at the New Delhi Max center was saying, even 10 year old DUI cases were being sent for the medical exam. I am not sure what the individual details of those folks were. The VO's in New delhi are not very helpful these days, so I suggest that please be prepared mentally for 4-6 weeks and expect a panel physician exam.

Hi @DeltaOne_Trade, did you attend medical/panel physician due to DUI or something? Can you please tell how much time did it take get the stamping? was it for H1b? Please provide timelines as to after submitting passport with medical report, how long did it take to receive visa stamp? I am similar situation and it has been 3 weeks since i submitted passport with medical report at the VAC. Since then no update to my case status. I am scared. Please provide some update if possible. Thanks.

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