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f20190122

Pending DV charge and apply H1B extension

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Hi,

I recently have an an arrest and charged for DV (simple assault) by police officer in NJ.  My gf is willing to help me so after 1st hearing the DA agrees to enter plea not guilty and let me have 6month anger management class, they will dismiss the case. My case is pending now. It is my first 

However, my H1B (I94) will expire before the class end. Therefore, I have to apply extension when my case is pending. My questiones are below:

1. How much possibility I will get a rfe ?

2. If rfe is requesting final disposition, how can I reply to it since my case is still pending?

3. how much possibility my extension application will be denied since the case is pending?

Edited by f20190122

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Things are never hidden from immigration. You have to answer yes to the questions about arrests. You will always have to answer yes to that question.

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I doubt USCIS will ask you any documents or issue you a RFE for DV simple assault. USCIS will not deny H1b petitions based on DV related simple assault charges. However you will be scrutinized by the DHS/consulate when you appear for your VISA stamping or at POE  while trying to enter united states.

Good time to start consulting a immigration lawyer who can work with your criminal lawyers to assess the impact of these charges and ultimate depositions. 

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21 hours ago, xTDx said:

I doubt USCIS will ask you any documents or issue you a RFE for DV simple assault. USCIS will not deny H1b petitions based on DV related simple assault charges. However you will be scrutinized by the DHS/consulate when you appear for your VISA stamping or at POE  while trying to enter united states.

Good time to start consulting a immigration lawyer who can work with your criminal lawyers to assess the impact of these charges and ultimate depositions. 

I did research DV is CIMT which is inadmissible. That’s why I plea not guilty. Is it still ok for H1B extension? I129 did not ask conviction or arrest question, but I saw someone from internet mentioned they got rfe for arrest explanation. 

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On 1/22/2019 at 9:10 PM, JoeF said:

Things are never hidden from immigration. You have to answer yes to the questions about arrests. You will always have to answer yes to that question.

I will not hide anything, but H1B extension I129 does not ask arrest or conduction. 

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On 1/25/2019 at 12:16 PM, f20190122 said:

I did research DV is CIMT which is inadmissible. That’s why I plea not guilty. Is it still ok for H1B extension? I129 did not ask conviction or arrest question, but I saw someone from internet mentioned they got rfe for arrest explanation. 

If you get a RFE then explain and provide any documentation that you may have ? What else you can do ?

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I don’t think you will have an issue with the H1b extension.  

You may get a 221g when you go for stamping.  That may delay visa processing by a couple of weeks so plan accordingly.  It may be wise to go for stamping once your case has been dismissed and all conditions met.  You will have to go through secondary screening at POE also but that should clear also.

During the court proceedings, see if you can reduce the charges to disorderly conduct and then get the dismissal.  

Let us know how it goes.  Good luck!

Edited by Bseneo

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Reveal the truth and hope for the best. In the meanwhile prepare by consulting a good immigration law firm.

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I am in the same boat, have filed for H1 extention with DV charge, completed anger management course.

Consulted with couple of immigration lawyers, they feel there should be no problem in extention.

There is no enough sampling data points to predict the outcome after recent announcements by USCIS (OCT 2018) , as very few H1B professionals get into this unfortunate situation.

And as always and natural behavior, folks who have similar situation and get decision either way, they do not bother to come back to forums and update their experience. Everyone want to know outcome from someone else but do not bother to share their own once done.

Lets see how it goes.

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On 2/3/2019 at 3:13 PM, user1001 said:

I am in the same boat, have filed for H1 extention with DV charge, completed anger management course.

Consulted with couple of immigration lawyers, they feel there should be no problem in extention.

There is no enough sampling data points to predict the outcome after recent announcements by USCIS (OCT 2018) , as very few H1B professionals get into this unfortunate situation.

And as always and natural behavior, folks who have similar situation and get decision either way, they do not bother to come back to forums and update their experience. Everyone want to know outcome from someone else but do not bother to share their own once done.

Lets see how it goes.

Thanks. Please keep me updated about your H1B extension. My case is worse as my class will only end after I94 expire which means I need to apply for extension while charge is pending (but entered plea not guilty)

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On 2/4/2019 at 2:33 PM, f20190122 said:

Thanks. Please keep me updated about your H1B extension. My case is worse as my class will only end after I94 expire which means I need to apply for extension while charge is pending (but entered plea not guilty)

Talk to your counselor about your situation, they may allow you to complete your class before scheduled completion date, not that it will change anything but will definitely that might help to certain extent to pacify your questions. 

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On 2/7/2019 at 12:07 AM, user1001 said:

Talk to your counselor about your situation, they may allow you to complete your class before scheduled completion date, not that it will change anything but will definitely that might help to certain extent to pacify your questions. 

Do you have an update about your application?

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On 3/6/2019 at 3:46 PM, user1001 said:

Not yet, I am one of those who would come back and update the forum on having any update.

I used premium to extend H1B. Approved today. Charge is still pending till Aug. 

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On 4/5/2019 at 5:42 PM, f20190122 said:

I used premium to extend H1B. Approved today. Charge is still pending till Aug. 

Congrats! And thanks for coming back and posting here, very few folks do this, really appreciated!

Was there any RFE?

God bless all!

Edited by user1001

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2 hours ago, user1001 said:

Congrats! And thanks for coming back and posting here, very few folks do this, really appreciated!

Was there any RFE?

God bless all!

No RFE. My H1B 3year extension with the same employer same position premium process. Application received at Nebraska centre on Apr/2 and approved on Apr/4.  

My company attorney feedback that H1B extension is employer petition. If you are not in removal proceeding. You will be fine. 

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On 4/7/2019 at 8:16 PM, f20190122 said:

No RFE. My H1B 3year extension with the same employer same position premium process. Application received at Nebraska centre on Apr/2 and approved on Apr/4.  

My company attorney feedback that H1B extension is employer petition. If you are not in removal proceeding. You will be fine. 

Great. Once again congrats and thanks. I can understand the relief and joy.

Hoping to get similar outcome.

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8 hours ago, user1001 said:

Great. Once again congrats and thanks. I can understand the relief and joy.

Hoping to get similar outcome.

There are too many cases under regular process which may take up to 3-4month now. I suggest to use PP to make relief yourself much faster. 

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On 7/14/2019 at 2:07 AM, user1001 said:

Finally got H1B extension approved in premium processing.

Congratulations. 

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On 2/3/2019 at 3:13 PM, user1001 said:

I am in the same boat, have filed for H1 extention with DV charge, completed anger management course.

Consulted with couple of immigration lawyers, they feel there should be no problem in extention.

There is no enough sampling data points to predict the outcome after recent announcements by USCIS (OCT 2018) , as very few H1B professionals get into this unfortunate situation.

And as always and natural behavior, folks who have similar situation and get decision either way, they do not bother to come back to forums and update their experience. Everyone want to know outcome from someone else but do not bother to share their own once done.

Lets see how it goes.

Did you plead guilty for Dv charge or any reduced charge? Are they going to be any immigration problems when you go to the Visa stamping if you did plead guilty to reduced charge(ex: Disorderly conduct- for being unreasonably loud)? Will pleading guilty to that Disordery conduct make anyone inadmissable who accepted to plead guilty to it inexchange to getting DV charges dismissed?

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On 8/1/2019 at 9:45 AM, RMan12341 said:

Did you plead guilty for Dv charge or any reduced charge? Are they going to be any immigration problems when you go to the Visa stamping if you did plead guilty to reduced charge(ex: Disorderly conduct- for being unreasonably loud)? Will pleading guilty to that Disordery conduct make anyone inadmissable who accepted to plead guilty to it inexchange to getting DV charges dismissed?

I did not plead guilty. Its called SOC (Stipulated Order of Continuance). Not sure what state you are in, they might call it different in your state. For rest of your queries I am not sure either and dont want to give any incorrect advice, specially in these changed times.  Professional advice is better.

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On 8/5/2019 at 11:23 PM, user1001 said:

I did not plead guilty. Its called SOC (Stipulated Order of Continuance). Not sure what state you are in, they might call it different in your state. For rest of your queries I am not sure either and dont want to give any incorrect advice, specially in these changed times.  Professional advice is better.

Did you get a RFE ? Anytime soon planning to go to India?

 

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