Domestic Battery :Arrested but not charged and impact on H1b extension


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Unfortunately I was arrested for domestic battery by my wife but the prosecutor never charged me as it is baseless.  It has been 6 months and I am on H1b visa currently. My company does not know but I have to file my H1b extension before July of next year. Immigration firm that handles the filing may provide me a form to disclose any arrest record(like they did during original H1b filing)  even though it is not required for H1b extension. My employer does not know about my arrest yet and as I have never been charged, I don't have court disposition paper as well. Hence,

1. Should I tell my employer regarding the arrest voluntarily as they might know that from the immigration firm later? I am worried about getting fired. 

2. Should I expect an RFE for my arrest when they file for H1b extension? 

3. As I don't have any case and no court disposition paper, what should you think I do? 

4. How can I obtain police report and court disposition paper in my case? 

Thanks in advance. 

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  • 1 month later...


Thanks for your reply. I have contacted the court and discussed with a criminal lawyer. Both of them said I can't have a court disposition paper as I don't have a case filed against me. Not sure what else I could do in this case. I only have the public arrest record from police station. Any suggestion would be greatly appreciated. 

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