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2018h1bextension

DUI and h1b extension 2018

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Hello friends,

I got a DUI conviction in 2017 (California) and completed all the required work. My employer filed for an extension in March and got an RFE .

I have provided all the DUI documents to my lawyer when filing for the extension.

I am FTE since 2014 with same employer and 6 years completed

I found link talking about new law , is it true that with DUI extensions are getting denied?

RFE

"USCIS is requesting a certified copy of the arrest report, as well as a certified copy of the final court disposition for the case. The court disposition should be obtained from the court where the actual hearing took place, and certified copies must include a court seal stamp. If you were granted diversion, provide court records which identify the charges and whether you plead guilty to the charge or admitted guilt prior to the diversion being granted."

Any insight would be appreciated.


 

 

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DUI extensions denied? What? You have got a RFE, not a denial or NOID! 

What's your question? Isn't the RFE clear enough? Just do what they request (or what the lawyer asks you to do). 

Edited by natan111

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Looks like the moderator deleted the link I have posted ...  something on 24 oct 2017 from USCIS regarding alcohol related incidents.

it says extension will be denied.. 

anyone recently got extension approval with dui ?

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19 hours ago, 2018h1bextension said:

Hello friends,

I got a DUI conviction in 2017 (California) and completed all the required work. My employer filed for an extension in March and got an RFE .

I have provided all the DUI documents to my lawyer when filing for the extension.

I am FTE since 2014 with same employer and 6 years completed

I found link talking about new law , is it true that with DUI extensions are getting denied?

RFE

"USCIS is requesting a certified copy of the arrest report, as well as a certified copy of the final court disposition for the case. The court disposition should be obtained from the court where the actual hearing took place, and certified copies must include a court seal stamp. If you were granted diversion, provide court records which identify the charges and whether you plead guilty to the charge or admitted guilt prior to the diversion being granted."

Any insight would be appreciated.


 

 
  •  

you got RFE because you were convicted.. did you plead guilty? if case was dismissed you would'nt have got RFE

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On 5/7/2018 at 9:49 PM, 2018h1bextension said:

Hello friends,

I got a DUI conviction in 2017 (California) and completed all the required work. My employer filed for an extension in March and got an RFE .

I have provided all the DUI documents to my lawyer when filing for the extension.

I am FTE since 2014 with same employer and 6 years completed

I found link talking about new law , is it true that with DUI extensions are getting denied?

RFE

"USCIS is requesting a certified copy of the arrest report, as well as a certified copy of the final court disposition for the case. The court disposition should be obtained from the court where the actual hearing took place, and certified copies must include a court seal stamp. If you were granted diversion, provide court records which identify the charges and whether you plead guilty to the charge or admitted guilt prior to the diversion being granted."

Any insight would be appreciated.


 

 
  •  

Please let s know once you have any status update on your case.

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Just do what the RFE is requesting. It should not get denied. What happens is that H1B visas are revoked with a DUI, nothing to do with the status. If you go for visa stamping they'll ask you to pass a medical exam. Okay?

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Does anyone here know how to get certified disposition of arrest record ? I have asked the police station but they said they can't provide me one 

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19 hours ago, Sopno said:

Does anyone here know how to get certified disposition of arrest record ? I have asked the police station but they said they can't provide me one 

the agency which arrested u should give u the certified arrest record..

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On 5/9/2018 at 7:17 PM, Sopno said:

Does anyone here know how to get certified disposition of arrest record ? I have asked the police station but they said they can't provide me one 

For Certified document you have to go to court and they will charge $25 and give you a certified packet.  Also ask for arrest record .. court will give you court copy of arrest record and you have to get it certified by the police agency.

police do not provide the arrest reports to defendant .. thats what happened with me.

also get at least 5 copies from court because you need to send the original certified packet which has court seal. 

Hope it helps

 

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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?

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4 hours ago, nomad2011 said:

Any updates about the RFE?

My attorney has responded to RFE last week and Today my case status shows another RFE .

waiting for the RFE details ..

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On 5/11/2018 at 2:29 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?

You are confusing everyone with your contradictory posts. First you said you were convicted! Now you're saying the case wasn't filed in court. Please organize your own thoughts. 

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Sorry for late update .. I got details today from my lawyer

"The second RFE notes that the court disposition indicates that you served 17 days in jail, and I wanted to check and confirm that this is the case. If so, could you confirm if you were on a paid leave of absence from the company during that period? If yes please provide LOA authorization document. If not, kindly provide the certified copy of  completion of alternate sentencing document" 

Not sure where I will get that document and I never went to jail .. 

Edited by 2018h1bextension

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On 5/22/2018 at 8:19 PM, 2018h1bextension said:

Sorry for late update .. I got details today from my lawyer

"The second RFE notes that the court disposition indicates that you served 17 days in jail, and I wanted to check and confirm that this is the case. If so, could you confirm if you were on a paid leave of absence from the company during that period? If yes please provide LOA authorization document. If not, kindly provide the certified copy of  completion of alternate sentencing document" 

Not sure where I will get that document and I never went to jail .. 

Why do you continue posting here? You failed to clarify what your case is (conviction, charges, nothing???), wrote contradictory statements and now is appears that you already had a court disposition documents with USCIS. And, you already have the lawyer so just talk to them! But given how unclear your postings are here, your lawyer is probably just as confused.  

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On 5/22/2018 at 11:19 PM, 2018h1bextension said:

Sorry for late update .. I got details today from my lawyer

"The second RFE notes that the court disposition indicates that you served 17 days in jail, and I wanted to check and confirm that this is the case. If so, could you confirm if you were on a paid leave of absence from the company during that period? If yes please provide LOA authorization document. If not, kindly provide the certified copy of  completion of alternate sentencing document" 

Not sure where I will get that document and I never went to jail .. 

You must have done community service instead of jail. Show them that evidence. Since if you are FTE and if you took leave for community service then you will be able to pull report

Good luck

Edited by rvk2ab

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On 5/24/2018 at 4:42 PM, natan111 said:

Why do you continue posting here? You failed to clarify what your case is (conviction, charges, nothing???), wrote contradictory statements and now is appears that you already had a court disposition documents with USCIS. And, you already have the lawyer so just talk to them! But given how unclear your postings are here, your lawyer is probably just as confused.  

 I post here  .. for benifits of others ... sorry  I cant help if u r confused 

Edited by 2018h1bextension

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On 5/7/2018 at 9:49 PM, 2018h1bextension said:

Hello friends,

I got a DUI conviction in 2017 (California) and completed all the required work. My employer filed for an extension in March and got an RFE .

I have provided all the DUI documents to my lawyer when filing for the extension.

I am FTE since 2014 with same employer and 6 years completed

I found link talking about new law , is it true that with DUI extensions are getting denied?

RFE

"USCIS is requesting a certified copy of the arrest report, as well as a certified copy of the final court disposition for the case. The court disposition should be obtained from the court where the actual hearing took place, and certified copies must include a court seal stamp. If you were granted diversion, provide court records which identify the charges and whether you plead guilty to the charge or admitted guilt prior to the diversion being granted."

Any insight would be appreciated.


 

 
  •  

You told that you provided your attorney with the documents while filling for extension. I am still confused why they asked for documents when you had already provided it to them . Didn't you send certified copies initially?

Have you ever traveled outside the country after your arrest?

 

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I agree with Nathan, this guy 2018 is confusing others and is under tremendous mental pressure. Neither he is benefitting others. Though he making others anxious who are in similar boat.

Firstly if anyone who is charged with DUI has to spend some time in prison if the BAC is .08 or above. Based on this fact an arrest record is created. Also a police report is created which is provided by police to the court which states the circumstances under which a person was arrested and charged by police. This is equivalent to FIR of India.

If this guy has spent time in prison on the day of arrest then they must have taken his biometrics and mugshots.

Court procedure is to convict the person on the basis of an arrest record or police report

If police report or arrest report has to obtained then court only can provide that report. If would be foolish to reach police for getting any official documents. No body will give these documents in station. Police is to maintain law and order and is not for paperwork or to decide the case results. They have authority to charge and arrest.

Once you are charged then you have to appear in court. You must decide whether to plead guilty or not.

Generally cases are resolved with plea deals in case of first offence.

This guy has mentioned nothing but his rfe and that too with half baked info. Anyone who is dealing with such situations is aware of the process.

We should help such persons but we should also force them to write correct information for the sake of others.

What is the problem in getting arrest record. And what is problem in getting court disposition document. The case is finished. What is the problem in giving leave record in case you have spend time in jail.

Court verdict itself must be stating that either you have to serve prison or equavalent to the prison is community service.

If you have served or did community service there must be a proof. Based on which Case must be disposed.

I request everyone not to reply if information is incomplete.

And person who claims that he/she helping others must take the responsibility of providing complete details. And should not disappear in thin air on the pretext of being busy.

This seems to be a straight forward case where USCIS is looking for the DUI details.

2018h1extension are you hiding something?

Edited by Rocker 007

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4 hours ago, Rocker 007 said:

I agree with Nathan, this guy 2018 is confusing others and is under tremendous mental pressure. Neither he is benefitting others. Though he making others anxious who are in similar boat.

Firstly if anyone who is charged with DUI has to spend some time in prison if the BAC is .08 or above. Based on this fact an arrest record is created. Also a police report is created which is provided by police to the court which states the circumstances under which a person was arrested and charged by police. This is equivalent to FIR of India.

If this guy has spent time in prison on the day of arrest then they must have taken his biometrics and mugshots.

Court procedure is to convict the person on the basis of an arrest record or police report

If police report or arrest report has to obtained then court only can provide that report. If would be foolish to reach police for getting any official documents. No body will give these documents in station. Police is to maintain law and order and is not for paperwork or to decide the case results. They have authority to charge and arrest.

Once you are charged then you have to appear in court. You must decide whether to plead guilty or not.

Generally cases are resolved with plea deals in case of first offence.

This guy has mentioned nothing but his rfe and that too with half baked info. Anyone who is dealing with such situations is aware of the process.

We should help such persons but we should also force them to write correct information for the sake of others.

What is the problem in getting arrest record. And what is problem in getting court disposition document. The case is finished. What is the problem in giving leave record in case you have spend time in jail.

Court verdict itself must be stating that either you have to serve prison or equavalent to the prison is community service.

If you have served or did community service there must be a proof. Based on which Case must be disposed.

I request everyone not to reply if information is incomplete.

And person who claims that he/she helping others must take the responsibility of providing complete details. And should not disappear in thin air on the pretext of being busy.

This seems to be a straight forward case where USCIS is looking for the DUI details.

2018h1extension are you hiding something?

Agree with you . I saw couple of other posts also and no one got this RFE.

Either he was convicted of some other crime(i dont think any state has 17 days jail sentence) or he is confused.

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Plus if you see his post then in very first line he has mentioned i.e. he had conviction.

Conviction itself happens through court process.

Also he has mentioned that he has completed 6 years with his employer. It means he is applying for extension on the basis of I-140 not the extension after 3 years of H1B completion.

Unless he provides all the information step-wise, till then I request everyone not to pay attention to him

And you H1BVisaExtenstion2018, provide information step by step here, in case you need help and guidance from us

1. What was your BAC

2. How much time you spent in prison on the day you got arrested by Police

3. Was there any accident involved

4. What were the charges which were applied by Police

5. What was the court verdict and how much time it took for you to get verdict 

6. You spent sometime in Jail or you did community service as part of your verdict

7. Have you exhausted your initial 6 years after the completion of your H1B

8. Do you have approved I-140

9. How come USCIS knew about your DUI

10. You went outside India at any point of time and stamped your visa after your DUI

11. How many times you have done your visa stamping 

Pagladeewana :I've seen that you and Rocker8 are spending time and energies in helping these ppl.  We should verify the authenticity of these posts , collect relevant information and then only guide these people.

How it is possible that a person is not aware of about court certified copies. Anybody who is going through this is restless and must have mined the net and there is plenty of information available.

I've seen that other members are desperately waiting for the answers because they might be in the same situation

Last not the least as I stated in other forum. We should create preventive mechanism collectively to  create awareness against DUI to prevent it happening rather than sharing posts

Then only it will serve our purpose truly. I'm just one of you and going through the process 

 

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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  

 

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