slakshmi515 Posted November 10, 2012 Report Posted November 10, 2012 Hi, I have came hear through F1. my OPT is going to complet and need to apply for H1B. I have a small problem. when i am a student I am arrested in the case of shoplifting. and for that i have taked the classed and the expungement is also completed for that shoplifting it is in 2010. After expungement their the people said that my record will be erased from their records after that I have completed my graduation.i applied for OPT and also OPT-extension and now it is time to apply for H1B. so my question is that if I apply for H1B will it be approved or denied. will their be any problem in the process. can you please let me know in detail. and also i have one more question in the company background check will this shoplifting comes up.because i did not face any problem when i am joining the present job.
JoeF Posted November 10, 2012 Report Posted November 10, 2012 The case is still visible to USCIS. Expungement does not limit them to see it. On the application, the case has to be mentioned.
slakshmi515 Posted November 11, 2012 Author Report Posted November 11, 2012 Hi Sorry to ask this question again. If I mention the case in application will the application accepted or rejected. Will my h1 approve? Kindly answer my question in detail
slakshmi515 Posted November 11, 2012 Author Report Posted November 11, 2012 If I menction the case in application will h1b will be approved can you please let me know in detail
slakshmi515 Posted November 12, 2012 Author Report Posted November 12, 2012 If I menction the case in application will h1b will be approved can you please let me know in detail The case is still visible to USCIS. Expungement does not limit them to see it. On the application, the case has to be mentioned.
nineballs Posted November 12, 2012 Report Posted November 12, 2012 If I menction the case in application will h1b will be approved can you please let me know in detail As JoeF rightly said, it will be visible to USCIS and you should always say "Yes" because that's the truth. Irrespective of the chances of h1b approval, you cannot just misrepresent the facts. Never ever lie on your US immigration forms. It can put a permanent ban for you. BTW, I am not an expert. An experienced attorney should be able to answer this correctly.
JoeF Posted November 12, 2012 Report Posted November 12, 2012 If I menction the case in application will h1b will be approved can you please let me know in detail If you don't mention it, the case is likely to get denied, and you may even get a permanent ban for hiding a material fact. You ALWAYS ALWAYS ALWAYS have to be truthful. Don't even think of lying to the officer.
slakshmi515 Posted November 14, 2012 Author Report Posted November 14, 2012 Thanks, I will do that. If you don't mention it, the case is likely to get denied, and you may even get a permanent ban for hiding a material fact. You ALWAYS ALWAYS ALWAYS have to be truthful. Don't even think of lying to the officer.
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