Trespass conviction and i140

[Galaxy9]

My DV case got reduced to trespass 602.5b. I want to ask my employer to file for my perm application. I am still on probation which will end next year aug. My visa expires in sept next year. Can I apply for perm and i140 while on informal probation? If my employer finds out , will I get fired as the case is still going on?

[JimH]

Is this your second trespass charge? Because in your other posts you are saying you had a trespass conviction and it ended but in this post you are saying it will end in next year aug.  Whatever it is, This is what happened in my DV case. I applied for PERM and I-140 while my DV case was pending for trial and it got approved also. On the trial date, prosecutor dismissed the case saying they don't have enough evidence. Hope this helps!

[Galaxy9]

Thanks for replying. Please ignore my previous posts. Do company attorneys reveal arrest details to employers? I havent approached my employer  yet. There is an immigration form from the attorney which asks about arrest details. This happens before they start my perm process.

Also if my visa expires and I have to leave the country, what happens to my pending case? I am still on probation. I recently asked for an early termination of probation and it got denied.

I am confused. If I approach my employer for GC, and if they find out about my pending case, I am worried about getting fired.

If I dont ask them to apply for GC then I have a h1b visa extension in feb (for final 6 months of my h1b) and I am not sure if my employer will extend my visa. I am worried about my probation which is still pending.

Pls help.

[JimH]

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Do company attorneys reveal arrest details to employers?

I am not sure. In my case, I did PERM, I-140 and H1B extension while my DV case was pending and there was no question about arrest details so I did not have to reveal anyone.

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Also if my visa expires and I have to leave the country, what happens to my pending case?

I am not a criminal attorney but I think your case remains open. But your criminal attorney can show up in court on your behalf and explain the situation to the prosecutor and judge and he can get the case dismissed. Again it depends.

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If I dont ask them to apply for GC then I have a h1b visa extension in feb (for final 6 months of my h1b) and I am not sure if my employer will extend my visa. I am worried about my probation which is still pending.

My suggestion would be go ahead, apply for PERM and if you have to reveal about arrests be truthful. I know these are tough times but looks like you don't have other option. Be strong. Good Luck!