Legal Proceedings and H1B Extension


Kakani123

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Last year, I faced a legal situation involving a Domestic Violence (DV) case. Following some pre-trails, both the prosecutor and my attorney agreed to change the charge to disorderly conduct, leading to the dismissal of the DV charge. A new case for disorderly conduct was opened, and my attorney advised me to plead no contest, resulting in a fine from the judge, marking it as guilty. Both cases have since been closed. Recently, my employer applied for an H1B extension and received a receipt notice. I'm concerned about a potential background check by USCIS and the possibility of an RFE (Request for Evidence) or application revocation. Could you clarify if USCIS conducts background checks for the I-129 (H1B extension) application? Thank you for your assistance.

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On 12/9/2023 at 7:11 PM, Kakani123 said:

Last year, I faced a legal situation involving a Domestic Violence (DV) case. Following some pre-trails, both the prosecutor and my attorney agreed to change the charge to disorderly conduct, leading to the dismissal of the DV charge. A new case for disorderly conduct was opened, and my attorney advised me to plead no contest, resulting in a fine from the judge, marking it as guilty. Both cases have since been closed. Recently, my employer applied for an H1B extension and received a receipt notice. I'm concerned about a potential background check by USCIS and the possibility of an RFE (Request for Evidence) or application revocation. Could you clarify if USCIS conducts background checks for the I-129 (H1B extension) application? Thank you for your assistance.

Criminal charges are not typically part of the analysis when USCIS is adjudicating an H1B petition. 

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