H1 extension with criminal history; any RFE or background check?

[amitsinha]

I have a history of arrest, but the case was dismissed (not guilty), and record expunged.

  

I am applying for H1B visa extension. Does anyone get  background check during H1 extensions? If yes, do they send an RFE?

  

Anyone with any RFE experience due to criminal history, please let me know your experience for an H1 extension.

  

n.b. Please note that it is not visa stamping, for which I know there is a DS-156 question for arrest etc. But in my case it is only I-129 which does not have any arrest question.

[2013lucky]

You need to be well prepared before going for Visa interview. So carry all your case related documents, Answer truthful while filling the forms, Speak to the point. Answer only what you have been asked for. Don't volunteer to give extra information.

 

 

 

I have a history of arrest, but the case was dismissed (not guilty), and record expunged.

  

I am applying for H1B visa extension. Does anyone get  background check during H1 extensions? If yes, do they send an RFE?

  

Anyone with any RFE experience due to criminal history, please let me know your experience for an H1 extension.

  

n.b. Please note that it is not visa stamping, for which I know there is a DS-156 question for arrest etc. But in my case it is only I-129 which does not have any arrest question.

 

[amitsinha]

2013lucky:

Thanks for your helpful response. 

 

However, I am NOT going for any interviews. I am applying for extension of stay for my H1, while staying in US. 

 

Do you know if there are RFEs related to any arrests for H1 extensions?

 

Note again: this is not visa stamping or change of status or new visa. This is only I-129, i.e. visa extension only.

[pontevecchio]

Your company may do a background check. Help yourself. Get a Good Lawyer to advise you.

[2013lucky]

2013lucky:

Thanks for your helpful response. 

 

However, I am NOT going for any interviews. I am applying for extension of stay for my H1, while staying in US. 

 

Do you know if there are RFEs related to any arrests for H1 extensions?

 

Note again: this is not visa stamping or change of status or new visa. This is only I-129, i.e. visa extension only.

 

For H1B extension, discuss this with your attorney and attorney may ask for all documents and enclose that with your application. As long as you have not misrepresented or lied there should not be any RFE

[amitsinha]

For H1B extension, discuss this with your attorney and attorney may ask for all documents and enclose that with your application. As long as you have not misrepresented or lied there should not be any RFE

 

Since this is an extension (i.e. only form I129) my attorney did not ask for any arrest detail. Also I-129 doesnt require any question or documentation around arrests. 

Do you still think I should go out of my way and let attorney and USCIS know about my dismissed case, even if they are not asking for it?

[amitsinha]

Your company may do a background check. Help yourself. Get a Good Lawyer to advise you.

 

My company knows, and since this is a dismissed case they don't care. My question is related to immigration implications only, and not anything related to my employment.

[venkiis]

Hi,

Did you get your extension. Can you please share your experience. You can pm in my email **************@yahoo.com

Thanks

[pontevecchio]

Was the case dismissed with prejudice? Was it a rehabilitative disposition?

[dasherab]

Does it matter if it gets dismissed with or without prejudice? A dismissed case is a dismissed case?

[dasherab]

@venkiis - getting visa is not an issue...just be honest about your situation....

[venkiis]

@venkiis - getting visa is not an issue...just be honest about your situation....

Hi,

 

I guess you have not read the question posted correct. The person never said, he is going to lie or anything. In I129 form there is no question that asks for criminal records or anything. Hence, there was this doubt if that needs to be declared voluntarily. I have the same scenario. Now my documents have been filed, i guess i will just wait and watch. I know it very well, lying is not going to help me. the question was should i tell something which is not even asked for,

 

thanks

venkii

[venkiis]

Hi,

 

I guess you have not read the question posted correct. The person never said, he is going to lie or anything. In I129 form there is no question that asks for criminal records or anything. Hence, there was this doubt if that needs to be declared voluntarily. I have the same scenario. Now my documents have been filed, i guess i will just wait and watch. I know it very well, lying is not going to help me. the question was should i tell something which is not even asked for,

 

thanks

venkii

update. my h1 is approved . i had a rfe on educational evaluation. other than i did not have any issues.

 

hope this helps anyone

[dasherab]

Congratulations!! So there isn't a place anywhere during h1b extension to declare the arrest?

is i129 the only form to file for the ext?

Appreciate your response!

[dasherab]

venkiis?

[mail2viishal@gmail.com]

Hi Venkiis , did u attached your case record in I-129 ?

Dasherab, please let me know your mail id we may be in same situation

[mayuresh79]

 extension approved without any REF after dismissed petty theft charge......can anyone pls share experience with H1 stamping?

[mail2viishal@gmail.com]

 extension approved without any REF after dismissed petty theft charge......can anyone pls share experience with H1 stamping?

hello makmak01

could u share if u had declared it in while filing extension ?

[seekingrepent]

You do not need to disclose anything, since during h1 or h4 extensions, you are not asked for a criminal record or anything

[deep4228]

Hi ,

 

I do not see that we need to mention about dismissed case in new H1B Application or extension ,which is done using form I-129.And in form I-129 they do not ask for any arrest ,like they do in i-485 ( GC Application) & DS-160 ( Stamping application,when go outside US).I am on F1-OPT and got into unfortunate incident, Domestic violence,which was dismissed recently.My Employer has filed for new H1-B.So can anyone having similar kind of situation can you please share your experience?( It help others , just remember when your in same boat sometime back and needed help from others).Did anyone get RFE asking for Case Documents etc?.I talked to an Attorney,he said I need to wait and see ,if there will be RFE? 

[imruined2]

I was arrested/charged 2 years back and last year I got my case dismissed after pre-trial diversion.

 

I got my H1B extension approved recently. I did not get any RFE. 

 

I hope this info helps other people in similar situation.

[Shanks2027]

Hi, I have a misdemeanor charge on me and i'm undergoing a dv treatment but the it's a deferred judgement case. Once I complete the course, the case will be dismissed. My DV charge has already been dismissed, I have accepted the criminal misdemeanor(3) charge which will be dismissed after the course completion. Now i have to apply for H1 visa transfer, can i expect an RFE. Does this background will affect if i apply for visa for UK or my career in India. Please respond. Thanks

[Johnturo]

@Shanks2027 I have a misdemeanor charge as well that I plead guilty to. My charge is m 243 e(1) PC. Whats your charge? My extension was approved for full duration with I94 as well. There is no section on H1B that asks for arrests or conviction. However, the issue would be in stamping and during GC filing. I have already told all details to my employer and gave them documents concerning it. The employment has no issues and even H1B transfer should be fine if you get a new employer. On background check it will show up and employer will ask question about it and what happened. All that is needed to be truthful during background check or during visa interview or during RFE that's what my lawyer has suggested. 

[Somaan]

@amitsinha@venkiis@Johnturo @Shanks2027@imruined2

 

My case (Misdemeanor 14-33 C2) got Dismissed  saying "DISMISSAL WITHOUT LEAVE BY DA" in the court letter. So this letter will ensure safe for my future Immigration Process?

Is court letter is enough for future immig or police letter is needed?