H1b DUI

[Nikhil277]

Hi ,

I am in h1b and working as full time employee for a it company and got DUI few months back and my charges has been reduced to reckless driving , my h1b is going to expire on oct 2023 ( i 94 also same)  , my h1b got revoked and employer applied for h1b extension and it got approved but i 94 did not get approve so my question is I need to go to india for stamping if i get 221 g it would take 3 months to get resolve in that time can i still work from india on my previous i 94 is still valid ?

 

[Attorney_9]

Since your H1b was approved for consular processing, no later than when your current I-94 expires you will need depart the U.S and apply for an H1B visa to extend your H1B. Be careful, however, not to depart the U.S. until your charges have been resolved and you obtain a final court disposition record from the court.

When applying for a new visa after a DUI arrest, you should plan on being outside the U.S. for at least several weeks.  At the end of the visa interview, a Consular Officer will request you undergo examination with a U.S. Consulate approved physician (“panel physisican”) to determine whether a mental disorder exists, i.e., alcohol abuse, and whether there is current harmful behavior or past harmful behavior that is likely to recur. A visa will be refused only when the mental health condition is associated with harmful behavior.

Whether you can work for a U.S. company from India is not related to your H1B and / or the validity of your I-94. Once you depart the U.S., U.S. immigration law is inapplicable in this context.