1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

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

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

Thread Status:
Not open for further replies.
  1. anonymous712

    anonymous712 Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    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.
     
  2. army judge

    army judge Super Moderator

    Messages:
    33,979
    Likes Received:
    5,570
    Trophy Points:
    113


    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
  3. disagreeable

    disagreeable Well-Known Member

    Messages:
    2,739
    Likes Received:
    226
    Trophy Points:
    63
    Tell the truth, stay off the train tracks and you should be fine.
     
  4. anonymous712

    anonymous712 Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    I'm really looking to get a response from someone who has some experience with immigration law and has dealt with similar cases before.
     
  5. army judge

    army judge Super Moderator

    Messages:
    33,979
    Likes Received:
    5,570
    Trophy Points:
    113





    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
  6. disagreeable

    disagreeable Well-Known Member

    Messages:
    2,739
    Likes Received:
    226
    Trophy Points:
    63
    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.
     

Share This Page

Thread Status:
Not open for further replies.