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user1001

H1B EXTENTION 2019 - DOMESTIC VIOLENCE CHARGE - POST NEW POLICIES

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Charged with DV 4, H1B extention pending, I94 expired, no conviction, no guilty plea.

With recent USCIS memo dated 6/26/2018 and 11/19/2018 regarding NTA, has anyone with similar situation gone through H1B extension process since Nov'18?

What is the most probable outcome in this case? Approval or Denial?

If denial, then what exactly happens? NTA is issued? You get to know online and can leave US immediately?

Should person with such circumstances sell off home/car and be ready to leave at any instance?

Immigration attorney's are not able to suggest anything as they say the memo is so new with no substantial history that no one can predict the outcome so resorting to asking similar situation guys their experiences.

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23 hours ago, Provence said:

Duplicate threads with the exact same topic? 

Yeah, my bad, created post in wrong category in first instance, so posted same in correct category in second instance.

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On 2/7/2019 at 12:30 PM, user1001 said:

Charged with DV 4, H1B extention pending, I94 expired, no conviction, no guilty plea.

With recent USCIS memo dated 6/26/2018 and 11/19/2018 regarding NTA, has anyone with similar situation gone through H1B extension process since Nov'18?

What is the most probable outcome in this case? Approval or Denial?

If denial, then what exactly happens? NTA is issued? You get to know online and can leave US immediately?

Should person with such circumstances sell off home/car and be ready to leave at any instance?

Immigration attorney's are not able to suggest anything as they say the memo is so new with no substantial history that no one can predict the outcome so resorting to asking similar situation guys their experiences.

If not conviction you are safe but expect delays for visa/ green card processing,

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On 2/10/2019 at 8:47 PM, sam3215 said:

If not conviction you are safe but expect delays for visa/ green card processing,

@sam3215 : Thanks for responding.

Following from the memo is causing lot of anxiety:
"Criminal cases where an individual is charged with (or convicted of) a criminal offense, or committed acts that are chargeable as a criminal offense, even if the criminal conduct was not the basis for the denial or the ground of removability. USCIS will, where circumstances warrant, refer cases to ICE without issuing an NTA or adjudicating an immigration benefits."


Following mentions H1B is exempted, but do not know which one takes precedence, following or above one:
"USCIS will not implement the memorandum with respect to employment-based petitions at this time"

 

If folks who have done H1B extension since Nov'18 can share their experiences, it will really help.

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On 2/17/2019 at 8:53 PM, user1001 said:

@sam3215 : Thanks for responding.

Following from the memo is causing lot of anxiety:
"Criminal cases where an individual is charged with (or convicted of) a criminal offense, or committed acts that are chargeable as a criminal offense, even if the criminal conduct was not the basis for the denial or the ground of removability. USCIS will, where circumstances warrant, refer cases to ICE without issuing an NTA or adjudicating an immigration benefits."


Following mentions H1B is exempted, but do not know which one takes precedence, following or above one:
"USCIS will not implement the memorandum with respect to employment-based petitions at this time"

 

If folks who have done H1B extension since Nov'18 can share their experiences, it will really help.

Any update about your extension?

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Upon advice of my immigration lawyer, I have not informed about this incidence to my employer and no documentation was provided regarding this while filing the H1B extension. Is that fine? Or would that cause any problem?

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Did any part of the Extension filing paperwork ask to list or disclose arrests/charges etc?  Why is the employer not informed? Domestic Violence is a serious offence in the United States. 

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21 hours ago, Noah Lott said:

So lying is considered OK?

Since H1B extension application does not ask question about arrests/charges unlike new H1B application/DS160, would it still be considered a lie or potential problem for extension?

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12 hours ago, Provence said:

Did any part of the Extension filing paperwork ask to list or disclose arrests/charges etc?  Why is the employer not informed? Domestic Violence is a serious offence in the United States. 

H1B extension application does not ask question about arrests/charges unlike new H1B application/DS160, hencewe chose not to disclose, see any problem in that?

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Always be truthful and upfront with the employer. They got you to the US and hold your H1b petition. If you were charged with a crime, you must let the employer know.  And get rid of that immigration lawyer providing shady suspect advice. Is the lawyer desi? 

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4 hours ago, Provence said:

Always be truthful and upfront with the employer. They got you to the US and hold your H1b petition. If you were charged with a crime, you must let the employer know.  And get rid of that immigration lawyer providing shady suspect advice. Is the lawyer desi? 

I consulted 3 immigration lawyers,  all 3 suggested the same. And none of these 3 were desi.

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