H1B dui in past :extensions/transfer and visa stamping

[Jz1122]

Hi All,

please suggest if any one overcome same situation.

Got convicted of a DUI (misdemeanor) in sep 2017. It got dismissed and reduced to traffic violation also removed from my background after 1 year. have my visa extension coming up in June 2020. And also looking for transfer from new employer. I am still in US. My visa might resulted in canceled should go for visa stamping again if I travel outside country.

1) What are the issues for extensions or transfer?

2) is DUI conviction triggers automatic visa extension/transfer denial? or RFE ?

 3) what are chances of visa extension or transfer approvals and visa stamping if I travel.

[User099]

There are already enough number of previous experiences posted by lot of people on this forum. If you read some of them you should get an understanding. 

[gopalakrishnach]

1) Expect 221G and plan accordingly. Home country is best. Minimum 6 weeks.

2) During visa stamping 221G mostly.

3) If your case is good. After 221G verification you will get visa stamped.

H1B petition/transfer will be OK. There are alot of DUI cases in this forum

[cyberlord]

You can read good amount of experiences with DUI and approved cases. You can check these in this forum.

[MurthyIndia_Lawyer]

Hi,

On account of your arrest, your non-immigrant visa is considered as prudentially revoked. You will require a new visa to re-enter the U.S. In general, this prudential revocation should not affect the extension / transfer, subject to other requirements being met. One needs to review the police and court records to be able to comment on the impact of the incident. There is no automatic denial of an application to extend status or change of employment.

However, your application for a visa at a U.S. Consular post abroad has to be handled very carefully. There are specific questions on the visa application form (DS160) which have to be addressed honestly and clearly to elicit a favourable outcome.

To understand how you should truthfully respond to the questions on the visa application form and at the visa interview, it is suggested you get your situation reviewed by a qualified attorney. Should you need help, you can reach us on info@murthyindia.com