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2018h1bextension

DUI and h1b extension 2018

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2 hours ago, nomad2011 said:

There were two different people who posted above. The person who started his post had been pretty clear about the RFEs he has been receiving. There was another person @Sopno who asked a question in the middle about an arrest that confused people. 

@2018h1bextension was mostly clear about his second RFE. 

I hope it worked out for him and hopefully he posts an update  

 

Yes actually you are right. This guy @Sopno has not provided any details and vanished after posting only two posts.

Thank you for clarifying. I will edit my posts.

Also I'd request everyone to provide complete details stepwise so that there is less confusion and no anxiety to the other who are watching these case's and are undergoing through similar circumstances.

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On 5/11/2018 at 5:29 AM, Sopno said:

Thanks for the answer. In my situation , no case was filed. Thus court does not have any document or record and arresting agency has declined to provide me a certified copy. Any idea?

What is your case actually? RFE ?

What were the charges which were applied by police against you.

What was your BAC?

You got any ticket provided by police which mentions DUI charge

You have confused everyone by jumping in between and without providing details

@2018h1bextension my bad, like others I was confused too by reading @natan111 and your conversation.

Request you to provide complete details please in chronological order

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On 5/31/2018 at 11:39 AM, nomad2011 said:

There were two different people who posted above. The person who started his post had been pretty clear about the RFEs he has been receiving. There was another person @Sopno who asked a question in the middle about an arrest that confused people. 

@2018h1bextension was mostly clear about his second RFE. 

I hope it worked out for him and hopefully he posts an update  

 

I agree.. @2018h1bextension was pretty clear. And ofcourse there can be some confusion based on how people interpret the post. Lets try to ease the situation and hope it will work out well for @2018h1bextension. Good Luck

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The problem is still not resolved yet.

I am still struggling to get a certified document from court to contemplate that my 17 day sentence has been satisfied and completed through 8 days of 8 hr public service on weekend.

The irony is the same information is mentioned in Certified Court Disposition letter but its not very evident/easy to understand  and USCIS is seeking the certified info for the same.

As sugeested by court clerk I have written an application to The Judge to obtain a court letter.it's been more than a week no update from court.

Others on same boat Only Certified copy is acceptable by USCIS.please note ur final court dispostion is not certified.

 

 

 

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On 6/3/2018 at 10:56 AM, 2018h1bextension said:

The problem is still not resolved yet.

I am still struggling to get a certified document from court to contemplate that my 17 day sentence has been satisfied and completed through 8 days of 8 hr public service on weekend.

The irony is the same information is mentioned in Certified Court Disposition letter but its not very evident/easy to understand  and USCIS is seeking the certified info for the same.

As sugeested by court clerk I have written an application to The Judge to obtain a court letter.it's been more than a week no update from court.

Others on same boat Only Certified copy is acceptable by USCIS.please note ur final court dispostion is not certified.

 

 

 

From the RFE . Looks like they are looking for 'If not, kindly provide the certified copy of  completion of alternate sentencing document" '.

Once you complete your Community service in California , Sentence Alternate program will issue a completion certificate. And court also uses that as evidence. Isn't it enough for you to respond for this RFE. Just trying to bring that to your notice

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Thanks, yes thats a valid point and I discussed it with my attorney.

I got a completion certificate from Sheriffs dept who runs the alternate sentencing program.However its not certified and they refuse to certify it. They said its there standard document format and they cant certify it.

Note: you dont get this certificate automaticallyonce you finish the program. you need to got to sheriffs office and fill a form and then after 48 hrs they can provide you the document.

When I discussed this with my immigration attoreney, he is suggesting to get a certifed document from court which can contemplate that my sentence was completed and satisfied by alternate sentencing on weekends.

The confusion is my disposition letter says 17 days sentence and my completion certifcate says 4 days because judge gave me 13 days credits.

I did 4 days of community service in two weekends.

If court refuse to provide the requested document in that case we plan to respond with following documents which I have currently

- Sentence completion doc from Sherrifs dept.

- A letter of explanation of my sentence from my attorney who represented my case. Basically how 17 days is equivalent to the 4 days of community service

- 3 monts pay- stubs during time-frame when my sentence happened.

 

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I have received a letter from court today and The judge wrote below 

“Court can not make a finding as requested by defendant. Sentence is reflected in minute order on date of sentence.”

basically I got nothing from court to support my RFE.

I have asked my attorney to respond to RFE with non-certified copy of completion certificate which I received from Sheriffs dept.

 I will update once I get any news with my extension. May be couple of weeks 

 

 

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3 hours ago, 2018h1bextension said:

I have received a letter from court today and The judge wrote below 

“Court can not make a finding as requested by defendant. Sentence is reflected in minute order on date of sentence.”

basically I got nothing from court to support my RFE.

I have asked my attorney to respond to RFE with non-certified copy of completion certificate which I received from Sheriffs dept.

 I will update once I get any news with my extension. May be couple of weeks 

 

 

Good Luck! 👍

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What were the exact charges you were convicted off ? Was it just DUI or involved something else too like dui with injury etc?

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Hello,

 I have been charged with dui only and with.17 bac

I have seen yesterday case status as Response received formy case.

I have applied for my extension along with H4 EAD extension for my wife.

strangely EAD status changed today to

Your Case Status: Card/ Document Production

I am wondering how come this could be the case.. mine is still rfe response received 

 

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That appears to be good news . Even for normal cases sometime h4 ends up being processed before h1 . Normally it means both have been approved 

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On 6/22/2018 at 7:34 PM, 2018h1bextension said:

Update 

My extension has been approved

Thank you all

Congratulations! And thanks for diligently posting updates .

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Hello Friends, 

I am in a similar situation. Got charged for DUI last Friday, and I already got an email from usatraveldocs portal, saying my visa is revoked. I believe which means I need to get another stamp before I travel to US again, since I'm not planning to fly out soon this will not be an issue. 

The main problem is that my work-permit/i-94 expires on September 09. My employer wants me to file an extension for H1-B w/ premium processing by end of the month.

 Assuming the charges filed on me would be dismissed/dropped to lower offense(since, my BAC was lower than .15 and this is my first incident/have a clean record). From my research, there are 2 routes that i can take-
1) Either request for a Premium processing and hoping nothing comes in my record (as it takes about 2-4 weeks for any charge to be filed in Washington and also there's a new rule, per which there will be no RFE's going forward and straight denial). In parallel, my DUI lawyer can fight the case.
2) File my extension by end of August in regular processing which typically takes about 4-6 months and hopefully at-least DUI charge is off my record. 

Could someone please advise ? I am in a real fix and I know I have done a grave mistake, and this might jeopardize my entire career/life. 

Your quick response is deeply appreciated. 

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7 hours ago, H1Bextnsn said:

Hello Friends, 

I am in a similar situation. Got charged for DUI last Friday, and I already got an email from usatraveldocs portal, saying my visa is revoked. I believe which means I need to get another stamp before I travel to US again, since I'm not planning to fly out soon this will not be an issue. 

The main problem is that my work-permit/i-94 expires on September 09. My employer wants me to file an extension for H1-B w/ premium processing by end of the month.

 Assuming the charges filed on me would be dismissed/dropped to lower offense(since, my BAC was lower than .15 and this is my first incident/have a clean record). From my research, there are 2 routes that i can take-
1) Either request for a Premium processing and hoping nothing comes in my record (as it takes about 2-4 weeks for any charge to be filed in Washington and also there's a new rule, per which there will be no RFE's going forward and straight denial). In parallel, my DUI lawyer can fight the case.
2) File my extension by end of August in regular processing which typically takes about 4-6 months and hopefully at-least DUI charge is off my record. 

Could someone please advise ? I am in a real fix and I know I have done a grave mistake, and this might jeopardize my entire career/life. 

Your quick response is deeply appreciated. 

 I would highly recommend you to file ASAP and get the results before i94 ends. The thing is if they deny your petition before i94 expiry you will at least have time to refile or leave the country and not get into potential NTA mess . The NTA thing as of now is not clear and no one is even sure who is going to get it . But one thing is certain if you have valid i94 they will not issue it.

Also USCIS has visibility of your criminal charges as soon as you are fingerprinting . It doesn't matter of they have filed it in your local court or not.

 

The only issue i see is they might ask your for court certified docs and i am not sure how you can reply on that.

 

What did revocation email say? did it say it is only applicable once you depart the country? Was there anywhere a mention that this is prudential revocation? If possible please paste the email to the forum.

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16 hours ago, H1Bextnsn said:

Hello Friends, 

I am in a similar situation. Got charged for DUI last Friday, and I already got an email from usatraveldocs portal, saying my visa is revoked. I believe which means I need to get another stamp before I travel to US again, since I'm not planning to fly out soon this will not be an issue. 

The main problem is that my work-permit/i-94 expires on September 09. My employer wants me to file an extension for H1-B w/ premium processing by end of the month.

 Assuming the charges filed on me would be dismissed/dropped to lower offense(since, my BAC was lower than .15 and this is my first incident/have a clean record). From my research, there are 2 routes that i can take-
1) Either request for a Premium processing and hoping nothing comes in my record (as it takes about 2-4 weeks for any charge to be filed in Washington and also there's a new rule, per which there will be no RFE's going forward and straight denial). In parallel, my DUI lawyer can fight the case.
2) File my extension by end of August in regular processing which typically takes about 4-6 months and hopefully at-least DUI charge is off my record. 

Could someone please advise ? I am in a real fix and I know I have done a grave mistake, and this might jeopardize my entire career/life. 

Your quick response is deeply appreciated. 

Hi,

File your extension ASAP and get it approved. When you file the petition, I think it will go to RFE asking for court docs (disposition letter, probation completion etc - not sure how you can provide when the case is still open) if the case is filed. Try to reduce it to something less. 

DUI charges wont go off your record, it stays forever until you become a Citizen. It can be expunged depending on the state where you are. But for Immigration purposes it will always be there. 

Not sure of the impact of new rules. All the best.

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Thank you so much for getting back to me.
 

13 hours ago, pagladeewana said:

What did revocation email say? did it say it is only applicable once you depart the country? Was there anywhere a mention that this is prudential revocation? If possible please paste the email to the forum.

Actually it did not say any reason at all, the email came the next day via Portal and even nothing is mentioned when I login to the portal. I believe it means issues whenever i travel outside. Below is a snapshot. 

Origin:   Portal
Case Reason:    
Public Response:   Dear Mr. : 

This message is being sent to inform you that the non-immigrant U.S. visa which you currently hold has been revoked in accordance with the United States Immigration and Nationality Act (INA). The visa is no longer considered valid for travel to the United States. Following the interview at the U.S. Embassy in New Delhi and the subsequent issuance of the visa, additional information became available that indicates you may no longer be eligible for the visa issued. If you desire to travel to the U.S. you must apply for a new visa, at which time your eligibility for the visa will be reviewed and the application adjudicated accordingly. 


Regards 
Consular Information Unit 
U.S. Embassy, New Delhi 
www.ustraveldocs.com/in 
www.travel.state.gov

 

13 hours ago, pagladeewana said:

Also USCIS has visibility of your criminal charges as soon as you are fingerprinting . It doesn't matter of they have filed it in your local court or not.

But the fingerprinting will be only done at the time of stamping, correct?

Edited by H1Bextnsn
Additional information

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I have another Question, so Shall I request my Employer for filing a new H1-B or an H1-B extension(which was originally planned)?
I have been getting mixed answers on this, some people say since Visa is already revoked, it doesn't make sense to file an Extension and rather a new H1-B. Is this true ? Or the Extension is filed based on your I-797 ? Please advise.

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16 hours ago, H1Bextnsn said:

Could anyone please help clarify on the above queries? Thank you very much for your help. 

Dude, get paid legal consultation; a DUI and a revoked visa are not diy or for public forums. Consider exiting the US and attempt getting a visa overseas if a CO deems you qualified for one. 

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