Change of Status with DWI - F1 OPT to H1B

greennc

By greennc,
in Student Visas

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greennc Newbie

greennc

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Hi,

I'm an F1 student currently on OPT STEM extension. My H1B visa application got picked this year.

I was arrested in 2015 for DWI and released the next day. I pleaded guilty in May last year after my lawyer's recommendation and was sentenced with level 5 DWI, which is supposedly the lowest sentence there is for DWI in NC. There was one aggravating factor - BAC greater than 0.15 and 1 mitigating factor - clean driving record. As part of the conviction, my license was suspended for 1 year but I was allowed a limited driving privilege with an ignition interlock. I have my license back now. I had already done community service and medical examination so I was not ordered to do them again.

I remember my lawyer telling me that a simple DWI is not a CMT so I shouldn't have any problems with immigration but can someone please let me know if my change of status request from F1 to H1B can be rejected because of the DWI? I have no plans of leaving the US to get the visa stamped. I have a great job and would love continue working here.

I had no problems when I applied for STEM extension and my license was still suspended back then. Also, if the H1B petition is denied, can I continue working with my F1 STEM OPT?

Thanks!

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greennc Newbie

greennc

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32 minutes ago, pontevecchio said:

The fact is DUI Lawyers have minimal or no knowledge of Immigration Law and consequences and vice versa. Please involve an Immigration Lawyer as a matter of abundant caution and do it now.

Thanks, I'm beginning to realize that. I have consulted a couple of immigration lawyers and both of them had a different answer which is why I was confused.

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