Second H1 stamping with DUI

[sanilp]

Got my first and only dui in Mar 2015.  I am planning to go for renewal stamping in Aug 2015.  Based on forum research, I expect to get 221g and panel physician.  But will I have to wait 1 year from the incident for the tests?  Really worried and would appreciate your advice.

[bv2006]

i dont think you would have to wait for one year. once you disclose it in your ds-160  and you do fingerprint, the VO will verbally ask you again about the incident . you will definitely get panel physician / 221g , so be prepared. I would suggest, contact the panel physician clinic before hand ( which ever city you are going to for the interview), try to make a tentative appointment.

waiting for the appointment takes a lot of time - if you already have that set up , it will save time.

 

take all the paperwork required by them , and make arrangments to stay up to 2 weeks. good luck

[sanilp]

Thank you very much for the reply.  While it is very reassuring (and I really hope it turns out that way), an immigration attorney I consulted said that waiving the 1-year 'remission' rule is entirely up to the discretion of the panel physician.  Do you know in which consulates applicants have successfully gotten their renewals within 1 year of a dui?  I was planning to go to Chennai or Hyderabad...

[bv2006]

im sorry @sanilp , i do not know about the remission rule. I dont think it matters. VO discretion cant be predicted. There's always a chance that it could be a problem. If you can avoid a trip out of the country for a year , then do so, if not - be prepared for a longer trip than usual and build in the time for the panel physician into it.

 

all my previous experiences have been with canadian consulates - i wouldnt know much about chennai or hyd.

Good luck.

[sanilp]

Thank you bv2006.  One final question: my first H1 expires Sep 30, 2015.  I guess that means I have to leave and get the new H1 stamped before then...right?  Or is it an option to sit tight till the year is up (Apr 2016) before going?

 

Thanks again!

[bv2006]

hi @sanilp  : your H1 stamp in your passport only matters if you are leaving the country. you need it for re-entry.

what is more important is your I-797  , to be in status.

 

what is happening on sep 30, 2015. ( h1b stamp in passport expires ? or I-797 expires ?)

if i-797 is expiring, are you not filing an extension?

 

I am not clear on yr query