H1B Simple Assault

[Krishna1234g]

Hi All,

I am planning for my first h1b stamping in Jamaica. Here is my details, please see if anyone can help me with my questions and do reply. Thanks for your valuable time.

1.Came to US on student visa in July 2008. completed masters in 2010. In february 2009, I got arrested and charged with attempted Sex of MIsconduct (becoz of some customer  lady complained that I grabbed her Arm and pressed her buttocks and breast when I was working in Gas station).

2. Came out on bail in 3 hours , hired lawyer .I didn't really do anything wrong, we just had some normal conversation and she took this miserable step by putting me in this kind of trouble . Attended two court dates, Out of that she did n't attend the first court date and the seond one I convicted as Guilty since I got scared of completion of masters. 

3. So with  court document I got the bail money back and gave back to my golden friends who helped me. Court charged me with $200 to the court and $500 to that lady, 20 hours community service and 12 hours(1 hour every week-total 3 months) anger management course and 2 years of probation period.

Court gave me charge as SImple Assault not Fight/Misc city Violation.

4. Got my opt approved and started working, visited India(at the end of my masters) after 1 years from the incident date. No one stopped me at the port of entry and so far I have completed 4 1/2 years from court date with out any issues.

5. I did not have SSN, State ID, Drivers License when this issue happened. I have shown my bank of america debit card at the police station and court as my ID card.I will get the No records found  when we do criminal back ground check.

6. Got my h1B filed and got approved in May 2012, I had one H1B ammendment and 1 H1B transfer. Now its been 2 year working on h1b with 2 employers and wanted to get stamped for the first time next to student status.

 

7. Now I am been for a state goverment department  since 1 1/2 year and I am working on EVC model and I will get the client letter.

Questions:

1. Will this give a bad impression about me to visa officer to give me h1b stamping?

2. I am working in EVC model. what will be the impact of this problem with that part?

3. Who do you indent to work. On last part of ds 160 form should I have to mention client or my employer name and address?

 

4. What should I reply if officer asks me at the port of entry?

Any help will be appreciated. Thanks! All the best for everyone. 

[omshiv]

Didn't the Gas station had any Security camera to prove your innocence

[t75]

ILLEGAL WORK at the site of the incident

[pontevecchio]

Discuss your situation with the firm of Murthy or any of your choice before you travel.

[rahul412]

1.Came to US on student visa in July 2008. completed masters in 2010. In february 2009, I got arrested and charged with attempted Sex of MIsconduct (becoz of some customer  lady complained that I grabbed her Arm and pressed her buttocks and breast when I was working in Gas station).

You need an attorney dude.

Working in a gas station on student visa?? Don't you see F1 rules violation here??

[Krishna1234g]

There were no cameras in the has station and since I was not clear about the criminal case I  convicted as a guilty since my lawyer told me the charge few hundred dollars of fine and 20 hours of community service, 2 years probation and 12 hours anger management classes. Court gave the case detail as SIMPLE ASSAULT.

I have completed everything which ever court told me to do. After that I been to India for a month too with out any issues at the port of entry.

I was helping to my uncle and he owns this gas station.

 

I have all the documents for court charge and court records, community service completion certificate, anger management completion certificate.

 What will be the possibility of my stamping if I go for my h1b stamping in Jamaica?

[rahul412]

I was helping to my uncle and he owns this gas station.

Really?? Then why did you said that you were working in that gas station??

Don't try to hide or lie during the interview.Okay??

[pontevecchio]

Talk to an Immigration Lawyer. You were possibly misled by the previous Lawyer as he had no idea of the immigration consequences of pleading guilty. If you go to Jamaica you may not get the visa.

[Krishna1234g]

I have spoken to my company Immigration  lawyer, She did all the paper work for my h1b site visit and h1b transfer, h1b ammendment.

She is saying there will be no issue for you since you have completed all the things which ever told by  court. 

She is saying mostly they can give you a query 221g for requesting additional documents since they can not reject employement visa as long as you have a job and client letter, vendor letter and working for a better company.

Is that true?

[pontevecchio]

Are you asking us to second guess your company Lawyer? Is there any reason why you cannot get the visa in your home country? Let us know what happened to your visa issuance in Jamaica?

[rahul412]

I have spoken to my company Immigration  lawyer, She did all the paper work for my h1b site visit and h1b transfer, h1b ammendment.

She is saying there will be no issue for you since you have completed all the things which ever told by  court. 

She is saying mostly they can give you a query 221g for requesting additional documents since they can not reject employement visa as long as you have a job and client letter, vendor letter and working for a better company.

Is that true?

That's correct. If you got all the documents which proves that you are clean then you are good to go. I say follow your attorney.

[rahul412]

I have spoken to my company Immigration  lawyer, She did all the paper work for my h1b site visit and h1b transfer, h1b ammendment.

She is saying there will be no issue for you since you have completed all the things which ever told by  court. 

She is saying mostly they can give you a query 221g for requesting additional documents since they can not reject employement visa as long as you have a job and client letter, vendor letter and working for a better company.

Is that true?

 

I have spoken to my company Immigration  lawyer, She did all the paper work for my h1b site visit and h1b transfer, h1b ammendment.

She is saying there will be no issue for you since you have completed all the things which ever told by  court. 

She is saying mostly they can give you a query 221g for requesting additional documents since they can not reject employement visa as long as you have a job and client letter, vendor letter and working for a better company.

Is that true?

I mean follow your attorney's advice.

[t75]

They most certainly can deny a H1B visa.  I suspect you are misinterpreting the attorney's statements to you since no responsible attorney would guarantee the issuance of a visa to a client.

[GNH]

You will get a 221g query. Cases are never expunged from immigration records. It is a different database than what you and employers can check, Make sure you carry all the court documents and do not lie on the DS-160 about your arrest record. They will check and then you definitely will be denied the visa for lying.

[Krishna1234g]

Thanks all, I will carry all of my court documents along with me for the interview. I will mention about my arrest record in DS160.

[unhappy82]

Hi Bobby1234g, Can you please share your experience once you are done with your visa interview ?

 

Thank you for your time.