DUI on H1B - looking to transfer

[h1b+dui]

Hi there

I'm in the US on an H1B and I've screwed up big time and managed to land myself with a DUI. Long story short is that I accepted a plea for the minimum charge, first offence. I am currently trying to get that expunged by challenging the legality of the traffic stop.

I'm in the process of changing jobs. I've just signed an offer letter which is conditional on the new company being able to transfer my H1B - they will be using their own law firm to do this. So far, the company has not conducted any background checks or asked me any questions about criminal records, convictions etc.

So, I have a number of questions/comments:

1. Will USCIS find out about my DUI conviction? What about if I get the charges expunged - will it still show up that I had a conviction that was expunged?

2. Will this affect my application to have the H1B transferred?

3. If my transfer is approved, despite the conviction, would there be any mention of it in my transfer paperwork such that my hiring company's attorneys would find out?

4. Should I be upfront and tell the hiring company about all of this? I'm worried that it'll look bad if they find out from USCIS or their attorney, but equally don't want to tell them if there's no need to.

Thanks for any advice or suggestions.

[pontevecchio]

USCIS is not involved. tALK TO YOUR dui aTTORNEY IF YOU HAD ONE AND ASK HIM THE BEST WAY TO DEAL WITH THIS JOB SITUATION.

[mitsu3000gt]

With my knowledge on DUI and H1b, here are asnwers to your questions

1) USCIS may find it out. But a completed DUI shouldnt change USCIS decision on your H1. Friend of mine submitted his DUI records to USCIS along with I-129 although its not required. (he says, his atty recommended)

2) No

3) No

4) Not required to tell them.

You usually do not mention that you were arrested or DUI anywhere in H1 paper work..If your employer/atty asks, I would never lie..in the same time, I woudnt tell them my story if they wont ask.

And, if I get things right; you only can expunge a case when you 1) proven 'not guilty' that subsequently dismiss the case or 2) wait 7 yr/5 yr term (without any other cases) depending up on the state your case was filed. How are you planning to expunge your case here?

I had DUI 7yrs back that was not expunged yet. I had my F1, H1 and H1 ext after conviction with 2 times US visa stamping. My employer didnt know that I had DUI till now. However, he will know about it when they file my I485.

Also, please remember that you should never lie to 'arrested' question throughout your career. It will screw up your immigration chances a big time.

Long story short: you should never lie if asked. H1 shouldnt be a big problem. 221(g) is a must requiring doc evaluation on you, if you attend visa within 2 yrs of conviction (VO may waive doc evaluation after 2 yrs of conviction), and last but not least, DO NOT DRINK AND DRIVE :)

[t75]

Expunged does not matter for immigration. Even expunged offenses must be reported.

[maayankbhatia]

hey Mitsu3000gt and t75,

 

I got arrested for a DUI in Aug 2009 in CA, plead guilty in court in Jan 2010. I went to India (Delhi) for visa stamping in Jan 2012, got it stamped but had to do medical examinations.

I'm going again for visa stamping (Delhi) in May next month, would I've to do medical exams again since it's been more than 3 years? Can you let me know? Thanks.

[maayankbhatia]

Any comments on this please? Thanks.