H1-b transfer after dismissed DUI

[srs1610]

Last year in July 2019 i was arrested for DUI and after discussing with city prosecutor my lawyer was able to get me on Diversion for 1 year with some other requirements like classes , DUI victim panel , fees etc .

The case was Dismissed in 5 months with no guilty plea. No conviction.

I was on STEM OPT at that point. My 1st company had filed for H1-B and it got later approved and i am currently working on H1-B status.

I haven't got my visa stamped yet , was planning to go in May but Covid happened.

I have received a job offer from a company yesterday i had always wanted to work and am working with them for H1-b transfer , is there possibility of the application getting rejected?  I have i-797 and working on h1-b

 This is my dream job i always wanted and don't want to lose on it . I know i cant do anything from my end now but if there is i would like to know.

 

thank you for your help ! Your inputs are valuable

[02112018]

No but you would have to go through hard times to get h1 stamping and while entering u.s. 

Look for posts here for DUI related, you will understand.

[srs1610]

Does filing up DS-160 for the first employer impact the transfer? As mentioned i was planning to go for my stamping so filled out DS-160 but then Covid  happened so cant go for another couple of months and meanwhile i got my offer from 2nd employer and they are filing for transfer Under premium processing.

[natan111]

If you didn't enter a plea you'll probably be okay. Keep all the documents. Be prepared to explain. DUI is a serious crime but it's not a CIMT. So if you didn't plea guilty and if you're not found guilty by the IO, you'll be fine. 

Obviously, don't travel abroad.

NOTE: As per the latest EO any alien arrested for anything, at any time, regardless of the outcome, may be prevented from obtaining work authorization which may include H1B extensions. 

+++ Not a legal advice +++

[pagladeewana]

17 hours ago, natan111 said:

If you didn't enter a plea you'll probably be okay. Keep all the documents. Be prepared to explain. DUI is a serious crime but it's not a CIMT. So if you didn't plea guilty and if you're not found guilty by the IO, you'll be fine. 

Obviously, don't travel abroad.

NOTE: As per the latest EO any alien arrested for anything, at any time, regardless of the outcome, may be prevented from obtaining work authorization which may include H1B extensions. 

+++ Not a legal advice +++

The EO says "certain aliens" it is for illegal aliens  convicted of a crime.  

[srs1610]

Is it true that  my H1-b transfer will be rejected bcos of a DUI arrest as per the new EO order ?i did not plea guilty and case was dismissed . 
I am really scarred  , after months of preparation and going through interviews i finally found a company willing agree for transfer and now this .

[user1001]

 

On 6/25/2020 at 5:03 AM, srs1610 said:

Is it true that  my H1-b transfer will be rejected bcos of a DUI arrest as per the new EO order ?i did not plea guilty and case was dismissed . 
I am really scarred  , after months of preparation and going through interviews i finally found a company willing agree for transfer and now this .

Did you get your H1B transfer through? I am in similar situation.

Based on your experience, any recommendations for this entire process of switching employers with such a incidence?