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H1(B) Application after ACD (Dismissed) H Visa

Discussion in 'Investment, Work Visa' started by anonymous712, Feb 5, 2014.

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  1. Feb 5, 2014 #1
    anonymous712

    anonymous712 Law Topic Starter New Member

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    Hi there,

    I'm currently on OPT which expires in June, 2014. My company is submitting my H(1)B application in the next few months.

    When I was a newcomer to New York, I entered the subway tracks to recover my fallen phone, and a police officer on patrol arrested me for 'trespassing.' I got one day of community service and an ACD that they said would be dismissed/sealed in six months. I completed my community service on time, presented evidence of completion to the concerned court on the specified date, and my case should be dismissed in mid-February (which is at least a month before my company submits my H(1)B application). I, of course, have the good sense to disclose the ACD on my H(1)B application with full transparency.

    I don't think this is a crime of moral turpitude, and I don't think this is a serious case. However, I'm overly concerned about any implications or delays this may have on my H(1)B application. I'm an over-achiever applying to top MBA programs this coming Fall and it would be extremely sad and unfortunate to see my career be stifled by this incident. Three questions for experts in immigration law:

    (1) Will the ACD (dismissed as of mid-Feb) have any implications whatsoever on my H(1)B application?
    (2) Are there things that I can do to improve my chances of not getting my H(1)B application delayed or declined?
    (3) What is the worst possible outcome?

    I would be forever indebted to any immigration law experts for a detailed and thoughtful response.
     
    anonymous712, Feb 5, 2014
    anonymous712, Feb 5, 2014
    #1
  2. Feb 5, 2014 #2
    army judge

    army judge Super Moderator

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    My crystal ball says: "not likely, but you can never be sure."



    My crystal ball says: "continue to obey all laws, local ordinances, traffic regulations, practice good personal hygiene, take your vitamins, eat properly, and get at least eight hours of sleep each nightly."

    If you are a religious person, make sure you do your daily and weekly devotionals.





    My crystal ball says: "worst is a relative term, but it wouldn't be so unlucky if they sent you back to your lovely, peaceful homeland allowing you to reunite with all of your family and friends"
     
    Last edited: Feb 5, 2014
    army judge, Feb 5, 2014
    army judge, Feb 5, 2014
    #2
  3. Feb 6, 2014 #3
    disagreeable

    disagreeable Well-Known Member

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    Tell the truth, stay off the train tracks and you should be fine.
     
    disagreeable, Feb 6, 2014
    disagreeable, Feb 6, 2014
    #3
  4. Feb 9, 2014 #4
    anonymous712

    anonymous712 Law Topic Starter New Member

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    I'm really looking to get a response from someone who has some experience with immigration law and has dealt with similar cases before.
     
    anonymous712, Feb 9, 2014
    anonymous712, Feb 9, 2014
    #4
  5. Feb 9, 2014 #5
    army judge

    army judge Super Moderator

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    You should continue working with your employer, if they're sponsoring (or arranging) a visa on your behalf.

    I suggest you speak with a local immigration lawyer, or directly with the immigration authorities.



    No one here has any authority to speak on the behalf of decisions an official US government agency makes.





    You can email them your question, or telephone them at this number: National Customer Service Center (NCSC) 1 (800) 375-5283


    Their website where you can discover other useful information:
    http://www.uscis.gov/about-us/contact-us/national-customer-service-center
     
    Last edited: Feb 9, 2014
    army judge, Feb 9, 2014
    army judge, Feb 9, 2014
    #5
  6. Feb 9, 2014 #6
    disagreeable

    disagreeable Well-Known Member

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    It should not fall under moral turpitude and you did not serve time. As long as you can document the situation and do not lie about it you should be fine.
     
    disagreeable, Feb 9, 2014
    disagreeable, Feb 9, 2014
    #6

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