H1B

[sonofindia]

Hello,

I was in US on H1B between 2006 & 2009. But I had to return back to India because I was booked on DWI 2 times in 2 successive weeks for which I attended only the initial hearing where I was asked to appoint a lawyer. I appointed a lawyer for the 1st offense but I did not for the 2nd. The first offense was valid, but on the second occasion I was booked because I had an unopened bottle on the front seat.I came back because I knew the costs that I would have to bear to overcome this issue. Secondly, I was jobless and in a financial crunch.

Now after 7 yrs I will to reapply for H1B visa. Naturally, I am on felony. My question is what are my chances of returning back, the consequences, and difficulties.

Thanks in advance.

[pontevecchio]

You should try to contact the original law firm and find out your status. Then please discuss specifics with the firm of Murthy. You could try and look up the case records online if possible. Your details are too sketchy This is too serious a matter to trust a forum.

[JoeF]

Why were you "jobless"?

On H1, you had a job. And you had to get paid, even on bench.

[sonofindia]

I did talk to my attorney in US. He said getting a visa is not an issue. I will face problem with my license in the tri-state and getting a credit card or loan, which I really dont care. I was jobless because the world was facing recession. Above all, needlessly I  was paying taxes

[JoeF]

I did talk to my attorney in US. He said getting a visa is not an issue. I will face problem with my license in the tri-state and getting a credit card or loan, which I really dont care. I was jobless because the world was facing recession. Above all, needlessly I  was paying taxes

 

Hmm, as I said, you HAD a job, on H1. You had to get paid, and the employer had to pay the taxes.

If you paid the taxes, that may have been yet another felony.

You are in a LOT of problems.  On H1, you ALWAYS have to get paid, even if you are on bench without a project.

If you didn't get paid on H1, you probably won't get an H1 again.

[sonofindia]

Hi Joe,

Thanks for your reply. I did pay my taxed but my sponsor did not pay me for the bench period. I dont think I violated the tax laws. All I wanted to know id that if my H1 petition is approved, will there be a problem during stamping and at the port of entry? I know I will not be able to apply for any sort of credit and neither my license in the tri-state. I know a couple of guys who got their license from CA during suspension on the license in tri-state.

Please also let me know if you foresee any other problem that I may face while I am there.

 

Thanks in advance.

[JoeF]

Hi Joe,

Thanks for your reply. I did pay my taxed but my sponsor did not pay me for the bench period. I dont think I violated the tax laws.

 

Yes you did.

Geez, It is well known that the employer has to pay people on H1 all the time, and for real, not fake payroll where the employee pays the taxes. It was well-known in 2008.

You will likely have lots of problems, even getting a visa.

[pontevecchio]

What is the disposition of the DWI? Did you ask the DUI Lawyer about this? Did you inform the Immigration Lawyer about the double DWI?