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About InExcile

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  1. Hello community: Having used the forum a lot, just wanted to share my recent visa interview experience Background: In US since 2004 – F1 visa 2007 – H1B petition approved (direct employment. still with same employer) 2007 – DUI, paid fine entered pre-trial diversion and case dismissed in 2008 2009 – First H1B stamping. Went through Physician Panel evaluation. Visa Interview to receiving passport with visa– exactly 4 weeks Several visa stampings since 2009 with no issues. Every time they ask about DUI and look into computer and say, “oh you have been through evaluation. Visa issued.” 2018 – 4th h1b visa stamp based on approved I-140 Jul 2 – Biometrics Jul 3 – visa interview VO Questions: Company name, location, salary, highest degree and then comes DUI VO: issues with law enforcement? Me: yes and explained the incident VO: give the court documents Me: gave certified copies of ticket, court order for pre-trial diversion and court order of case dismissal VO: made copies, went and talked to someone and came back and said your case is under admin processing and gave 221G and said you have to go through Dr. evaluation Me: But the case is more than 10 years old and I have already been through evaluation VO: yes. You need to go again. Completely thrown off guard, as even the VO’s field manual says, cases older than 5 years need not be subjected to Dr. evaluation. But again, that is just a guidance. July 5 (Thursday)– went to Apollo, paid a hefty fee and completed Dr evaluation (including Psychiatric eval.) same day. I was told Apollo will submit report on Monday July 9th. July 10th – received email from consulate to submit passport at VAC (this was super-fast. Did not expect it) Waiting game starts. But at least, I know visa has been issued, since they asked to submit passport. July 16 - CAEC ‘case updated’ date changed from July 2 to July 16. Finally some relief. And finally, on July 26th CAEC status changed to issued. Received call from Blue Dart to collect passport on 28th. July 2 to July 28 – not bad at all. I would say the processing was fast. But since I did not see this coming, I had to cancel my return trip and re-book after getting passport. August 1– back in US Overall, nothing to worry. Just plan for minimum 4 weeks for DUI related cases. Just be patient and enjoy the vacation. Just sharing my experience. Good luck to all.
  2. InExcile

    DUI in and first visa stamping

    Based on personal experience. 1. Don't wait to notify your employer. There shouldn't be any impact with your employer unless it is a felony case. 2. not sure why you would need an immigration attorney. if you run into issues, may be contact Murthy office in India. 3. take court certified copies of all case documents. if you list the case number, the court would usually certify and give all related documents. 4. plan for a delay of at least a month after panel physician exam. Blood alcohol depends on individual's metabolism. to be safe, be sober for a few days at least.
  3. Here is my situation: My 6 years in H1B with company A expired and I left the company and went back to my home country. Company A however continued with my Labor cert and also applied for I-140 while I was in my home country with the intention of calling me back when a position becomes available. I-140 is now approved but company A doesn't have a position yet.. Now if I have an offer from company B in the USA, can company B apply for H1B for me to start work immediately based on company A's I-140 or will I be subject to H1B cap. It has been more than one year since I left the US. Thanks in advance for taking the time to reply.