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harris123

H1b with job but two pending DWI in Texas

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Hi, I am on valid H1B work permit till 2020. I had DWI few months back in texas and the case is still pending. I am planning to move to India for good and never want to return again. However I have a job in USA and the company offered me to join their India off shore company matching my salary with Indian currency.

1) Can I go back to India and I am not planning to return for good and for ever. 

2) Will I loose my job after going back to India working for the same company? As there will be a arrest warrent against me and will my company in USA knows about it? 

3) How can I make sure my company will not know about it even after leaving the country.

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Do you have a DUI Lawyer?

Is this your first DUI?

Have you asked about deferred adjudication? which can make the records expungable so that your company will not know. ?

Have you considered letting the company Know what happened?

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Do you have 2 pending DWI cases or one previous conviction and one pending case?

Either way, you may have to show up in court or face additional charges (failure to appear). But your attorney can go to court instead of you and that should clear you of such additional charges. I would certainly not advise ignoring the court. Also, while it's unlikely that international extradition will happen (technically it can), the standing warrant and several convictions (2 DUIs plus failure to appear) may prevent you from any future travel to other countries (certainly the EU countries, Australia, Japan, NZ, Canada) for life. Are you sure you want that?

Whether you can keep your job will depend on their internal policy (which you can review). If you fail to appear in court your charges/convictions will definitely not get expunged so your employer will be able to see them. With a standing warrant you may not be employable in most Western countries.  

Edited by natan111

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On 5/16/2018 at 11:48 AM, harris123 said:

Hi, I am on valid H1B work permit till 2020. I had DWI few months back in texas and the case is still pending. I am planning to move to India for good and never want to return again. However I have a job in USA and the company offered me to join their India off shore company matching my salary with Indian currency.

1) Can I go back to India and I am not planning to return for good and for ever. 

2) Will I loose my job after going back to India working for the same company? As there will be a arrest warrent against me and will my company in USA knows about it? 

3) How can I make sure my company will not know about it even after leaving the country.

You had a single DWi or 2 ? In either case you can go back to india but i would highly recommend you to settle the case and complete the sentence before leaving . I can understand you must be feeling like leaving i had the same feeling but it will be a stupid decision .  With a settled case and a single DUI you can still get US visa provided you clear your medical exam . You can still travel to most of the countries barring mexico (not sure) and canada with a case which was settled . 

Having a active arrest warrant against you is a recipe for disaster . You can technically be extradited back to USA but 99.999999999% US government is not going to do that unless you injured someone else or did significant property damage. If you have an active arrest warrant travelling to any western country might be risky.

 

Take my advice stay in USA, settle your case and then see what to do.

 

 

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