NEED URGENT HELP WITH DUI

[madamonis]

Hi,

 

    I am currently on F1 visa with OPT.... i have been working on OPT for past one year, recently on may 31st my opt got expired and i have filed for an OPT extension. But in the mean time during this H1b fiscal year 2017, my application got picked up and my H1b got approved.

But since i had filed my OPT Extension that is for another 24 months , i got an RFE requesting  for I-983 signed by employer. so i was wondering if i should be sending the RFE documents back to the USCIS or should i be using the cap gap as my H1b is approved and will come into validity from oct 1st 2016.

 

While i have that question ,very recently i was booked under DUI(this is my first offense), now that DUI is considered under criminal act, i got an email from the Mumbail consulate stating that

We are writing to inform you of a change in the status of your U.S. nonimmigrant visa.  Please read this letter carefully, as it affects your ability to travel to the United States. 

 

Your visa has been revoked and is no longer valid for entry into the United States.  This action is based on the fact that, subsequent to issuance of your visa, evidence has come to light that you may be inadmissible to the United States under the provisions of the Immigration and Nationality Act and ineligible for the visa you were issued.  This letter serves as official notification by the U.S. Consulate General in Mumbai of your visa revocation, pursuant to 22 CFR 41.122. 

 

The visa revocation is effective immediately, unless you are present in the United States.  If you are currently in the U.S., the revocation will become effective immediately upon your departure from the United States. 

 

Before returning to the U.S., you will need to obtain a new visa.  You can apply for your new visa at www.ustraveldocs.com/in.  You can discuss the visa revocation at the visa interview, and you may wish to bring pertinent official documents with you. 

 

Sincerely,

 

U.S. Consulate General, Mumbai

 

 and also there was a status change in my I-94 even though i had not traveled anywhere outside the country in last two years.

so my question here is , since my status is currently on F1 even though my h1b status will only come into picture from oct 1st 2016.. am i eligible to stay here in USA and work with OPT what i have now and what are the consequences further to it while i apply for visa extension or visa stamping or file a green card...can you please let me know if there any possible things which i need to consider. 

[cap-gap]

get a consultation with good lawyer..

 

Why are you so sure that the visa revocation is due to DUI?....are you even sure that the email is from consulate? it may be a phishing email...did anybody check ur immigration status when you got arrested?..otherwise how did Mumbai consulate learn of it..if it is from Mumbai consulate, it may also be due to other findings from your F1 visa..

 

the email only talks about your current (F1) visa revocation, not status revocation...so you are good to continue on in USA..however, if that email indeed is true, expect severe delays when you go for H1 stamping...

[madamonis]

get a consultation with good lawyer..

 

Why are you so sure that the visa revocation is due to DUI?....are you even sure that the email is from consulate? it may be a phishing email...did anybody check ur immigration status when you got arrested?..otherwise how did Mumbai consulate learn of it..if it is from Mumbai consulate, it may also be due to other findings from your F1 visa..

 

the email only talks about your current (F1) visa revocation, not status revocation...so you are good to continue on in USA..however, if that email indeed is true, expect severe delays when you go for H1 stamping...

Hi,

 

   Firstly, Thanks for your response.

 

I got this email from Mumbai consulate on the same week after i got booked in DUI, so i assumed it was due to that reason. i cross checked with the consulate by calling them and they were also not able to give me ample info about it.. and i was redirected to another call that kept me on hold forever.. 

 

As you mentioned about several delays when i go for my stamping , do you know what sort of delays it would be !!! is it like more paper work or i need go through scrutiny security checks with respect to alcohol test etc...

 

once again , thank you very much for you time and consideration to respond back to my query.

 

 

Kind regards,

Srikanth

[cap-gap]

what is the exact from email address of the Mumbai consulate letter..it should be from somebody@usconsulate.gov..what happens when you click on the link in that email?

 

two scenarios...

 

if the email is real one, you need to find out why they revoked it..if it is for some fraud on your F1 visa application, then that is different story..hope not..

 

if the email is related to DUI or even if the email is fake, your H1 stamping will depend on the outcome of your DUI case..hope u got a good lawyer dealing with the case..even if that case is dismissed, your H1 stamp request will go into administrative processing that will take several weeks to clear as you were arrested and you have to disclose it on DS160..

[madamonis]

what is the exact from email address of the Mumbai consulate letter..it should be from somebody@usconsulate.gov..what happens when you click on the link in that email?

 

two scenarios...

 

if the email is real one, you need to find out why they revoked it..if it is for some fraud on your F1 visa application, then that is different story..hope not..

 

if the email is related to DUI or even if the email is fake, your H1 stamping will depend on the outcome of your DUI case..hope u got a good lawyer dealing with the case..even if that case is dismissed, your H1 stamp request will go into administrative processing that will take several weeks to clear as you were arrested and you have to disclose it on DS160..

Hi, Thanks for your prompt response. I have received the visa revocation status from MumbaiInfo-noreply@state.gov email address. I have sent an email to support-india@ustraveldocs.com in order to know the reason of my visa revocation. If I get to hear from them will revert back to you.

 

Thanks

Srikanth

[A Dhar]

Hi Srikanth,

I wanted to follow up on this thread. My fiancee recently got a very similar email from the exact same email ID. And he was involved in a DUI couple months ago as well. He's on a H1B as he got his visa from Mumbai. We have forwarded everything to the lawyers but wanted to check in with you to see what you found out? Was the message legit? We thought the email was fishy but the email and website seems legit. 

Looking forward to your response.

 

[xTDx]

The emails are not fake. These are real emails and DUI is  a criminal offence , which makes it a potential cause of inadmissibility for entering the USA. A simple dui arrest can lead to visa revocation and this is the norm these days. Consider your fiance's visa revoked.