H1B Transfer with Criminal Tresspass Probation

[crimtrespasshelp]

Thanks for taking time out to review my question. 

Immigration Status: H1B

Employment Status: Full time permanent job

Background Details. 

I was charged with Shoplifting charge in Virginia. It was a class 1 misdemeanor. I was never arrested or fingerprinted during this entire process. I was only given a citation. I hired a good attorney. At my arraignment with the judge, my attorney was able to negotiate with the public prosecutor and got my charge dropped down to Trespassing. I pleaded as - not guilty (with sufficient facts to prove Trespassing) and was given a deferred disposition. I was required to complete 24 hours of  community service, pay the court costs and not get into trouble with the law for 6 months (till September 2014). I finished them within the first 3 weeks and got all the relevant paperwork from my parole officer.

Also, once my probation was complete, I asked my parole officer to check my criminal record. She said since I was not arrested or fingerprinted, this record will not show up in national crime database. But, It will be visible in Virginia record as - Deferred pending charge (original charge - Shoplifting, amended charge - trespassing).

 

In between all of this, my wife took up a new job and had to move to California for work purposes along with my 1 year old daughter. She got a good opportunity which would help her in advancing her career. Now, I have got a job offer to join the same company as my wife. 

They asked me for any convictions or any guilty pleas. I asked my lawyer for an appropriate answer for this question as I wanted to proceed as per legal advice. He advocated that since I was not convicted and I pleaded not guilty (with sufficient facts to prove trespassing), I need not write Yes to this.

 

Question.

1. Considering my situation, would it be a problem in getting the visa transfer approved?

2. I do not want to lie to my new employer as well. I just wanted a second opinion on how to answer to the question -> Have you ever been convicted or pleaded guilty for any criminal felony or misdemeanor?

3. Its highly likely that the new employer will get an RFE for visa transfer, as they get client letter only after the employee has reported to the client, and hence, they ask for new hires to join on H1B receipt. How safe is it to join this company on H1B receipt?

 

I apologize for the really long post, but I really want to join my wife and daughter as I have already waited for 2 months after my arraignment and confirmed with the parole officer, if it was ok for me to try for a new job. I hope you understand my situation.

 

 

 

 

[crimtrespasshelp]

All, 

 

Can anyone help me with some guidance on this?

 

Thanks

[t75]

You have the advice of an attorney. The time to worry about the consequences of theft is BEFORE you steal.