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DUI on STEM OPT , H1b filed by employer

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Hello , 

I am currently in the first year of STEM OPT (F1 visa) working for 10 months . I was arrested two days back on 04/14/2019 for DUI at 0.13 and over speeding at 31 mph in Kansas . I was kept for 18 hrs before i was released . My court hearing is in June . My employer has filled for H1-b , and i am submitting my STEM extension documents this week . I plan to hire a DUI attorney . I have a few questions.

1) Will i get an RFE on my STEM Extension / H1-b if picked?

2) what is the best outcome the attorney should negotiate with the prosecutor in such a case . 


Do’s and Dont’s for me till June .




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1.  May be on OPT as it is your petition. On h1b I do not see USCIS sending a RFE on criminal records, but has happened in the past. So only way to know is to apply and see.

2. Hire a immigration attorney as well to work with your criminal attorney to review your case and path forward. No one here can provide a magical answer unfortunately. 

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@xTDxSuppose that i receive a RFE for either one , does my case needs to closed ( convicted or dismissed) by that time to submit the supporting documents. Since my hearing is in June , its not excepted that the result would come until 4-6 months at the least .


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Hindsight is always 20/20. You are involved in a bad situation in a totally inappropriate state. It will cost you a lot of money in terms of fines, court fees, Lawyers fees and the inevitable ballooning of your Car Insurance.

You will need a GOOD DUI Lawyer and a Good Immigration firm which has lawyers well versed in Criminal Law.

Forget all suppositions and get these lawyers involved and follow their guidance. It is important for the two sets of lawyers to be on the same page.

Apply for the OPT etc.. But concentrate on getting through this situation. 


Your visa is likely to be judicially revoked and hence you will need a new visa when you travel in order to return. Discuss each and every eventuality with the lawyers and get written answers. As k the lawyers whether you NEED to inform your employer depending on what line of business they are in.

I have mentioned a few times that along with the H1 Rights and responsibilities, every applicant for visas other than tourist needs to be strongly warned against the scourge of DUI, and DV which will be a very costly lesson if one is caught indulging in. Best of luck.

Edited by pontevecchio

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