F1 TO H4+EAD to H1B with pending shoplifting misdemeanor A

[H4user1]

Hi ,

 I am currently on H1B and my spouse was on F1 when the shoplifting incident happened in January 2020 and my spouse was not arrested nor cited .My spouses H1B's application is not picked in the lottery and OPT got expired and company  terminated the job .We have applied for  H4+EAD together in Jun 2020. Even after 8-9 months after the shoplifting incident we have not received anything from court and we assumed that the case was not filed . At the end of Dec 2020 we have received the citation with class A misdemeanor and asked to show up in the court and my spouse is finger printed and next hearing is scheduled . My attorney is currently trying to negotiate with the DA and next hearing scheduled on May 04-2021  and attorney is hopeful to have some deal before this date .

  In the Interim , my spouse biometric appointment is scheduled on May 05 and also h1B application is picked in the lottery for year 2021.  I have the following questions at this time .

1) What happens on the May 05  after the biometric appointment ? will USCIS reject the H4+EAD as there is a criminal case pending? Will my spouse be out of status and have to leave country immediately?

2) Will USCIS give RFE in this case as the criminal case is still pending  and ask to provide court final letters/copies(disposition) ?

3) Employer is  planning to file H1 b with premium processing option and we have 11 days before biometric appointment from today . will this impact H1B as there is a existing H4+EAD application with USCIS and they will have criminal record details after biometric ?

4) what happens if the H1b gets approved before biometric ? Does my spouse still need to proceed further with H4+EAD biometric ? what would my spouse status till Sep 30? 

 

[shekar11#]

On 4/23/2021 at 9:58 PM, H4user1 said:

Hi ,

 I am currently on H1B and my spouse was on F1 when the shoplifting incident happened in January 2020 and my spouse was not arrested nor cited .My spouses H1B's application is not picked in the lottery and OPT got expired and company  terminated the job .We have applied for  H4+EAD together in Jun 2020. Even after 8-9 months after the shoplifting incident we have not received anything from court and we assumed that the case was not filed . At the end of Dec 2020 we have received the citation with class A misdemeanor and asked to show up in the court and my spouse is finger printed and next hearing is scheduled . My attorney is currently trying to negotiate with the DA and next hearing scheduled on May 04-2021  and attorney is hopeful to have some deal before this date .

  In the Interim , my spouse biometric appointment is scheduled on May 05 and also h1B application is picked in the lottery for year 2021.  I have the following questions at this time .

1) What happens on the May 05  after the biometric appointment ? will USCIS reject the H4+EAD as there is a criminal case pending? Will my spouse be out of status and have to leave country immediately?

2) Will USCIS give RFE in this case as the criminal case is still pending  and ask to provide court final letters/copies(disposition) ?

3) Employer is  planning to file H1 b with premium processing option and we have 11 days before biometric appointment from today . will this impact H1B as there is a existing H4+EAD application with USCIS and they will have criminal record details after biometric ?

4) what happens if the H1b gets approved before biometric ? Does my spouse still need to proceed further with H4+EAD biometric ? what would my spouse status till Sep 30? 

 

1) You can expect an RFE asking for case details.

2) RFE is expected.

3) No issues. You can have multiple applications.

4) You need to check with attorney for that question.