Legal aspects to be taken care before applying for L1 Managerial VISA

[kumarsankar.m]

Hi,

 

My elder brother got married in the year of April 2007 and due to marital troubles, my brother left home in year 2008 and we are not aware of his whereabouts at this point of time. We have logged missing FIR at the concerned police station, still his whereabouts are not aware of at this point of time. His wife filed 498A case on all our family members, including our grand parents in year Dec 2009. We got the anticipatory bail from High Court of Andhra Pradesh. Charge sheet has been filed at lower court in year 2001 and we applied for stay and quash on the same in the High court of Andhra Pradesh and got stay on the further proceedings at lower court and since then it's pending final hearing at high court. As part of my job, I am asked to go out of country on work. Request you to advise on the legal formalities to be completed, for me to continue carrying out my occupational obligations that I need to perform as part of my job.

 

Below are the brief details of the case:

The case was filed long back in 2009 and charge sheet filed in 2011. All the while, I have been postponing my onsite travel plans expecting this case gets over and still there is no end to this case. Hence I want to go ahead and explore onsite opportunities. Here are my queries.

 

1) 498A case has been filed by my elder brother’s (A1) wife on all of our family members including my grandparents, on Dec 2009 in Andhra Pradesh state. My elder brother (A1) is absconding and we are not aware of his whereabouts. My father filed missing complaint at HYD police and no update so far.

2) We got anticipatory bail for my parents and myself from Andhra Pradesh high court in the same month (Dec 2009) and submitted the same at the respective police station, along with surety, to avoid the arrest. The stay order says “and they shall not leave India without the previous permission of the Court.”

3) The police filed the charge sheet in the lower court in the month of March 2011 on all of the accused.

4) We filed Quash petition in AP High court and requested for stay on further proceedings at lower courts for all accused, except A1, who’s my elder brother and absconding, till quash petition is discharged and we got the stay order on the same month as that of Charge sheet filed, i.e., Mar 2011, as per our request.  Since then, it’s pending in High court.

5) In the month of Feb 2014, we requested High court, for early hearing of our Quash petition and arguments started. As of now, the status of the case at High court is showing as “Pending” and Posting Stage as “Final Hearing”.

 

My Queries:
 

1) Do we need to appear before the lower court to get my anticipatory bail regularized to regular bail? At the moment, all further proceedings at the lower court are at stay, as per High Court order.

2) Now, for me to travel abroad for work related purpose (to US on L1A VISA), what actions needs to be taken?

3) Do I need to take the permission from court for my travel? If so, do I need to approach High court or lower court? What are the possibilities and options I have in case of negative response from court?
Or is it that, I need to request High court to remove the restrictions on my travel outside India?

4) What details I need to disclose in my VISA application and D160 forms?