H1 transfer with shoplifting expunged record

(Checkonce_VJ) #1

On 11-22-15 I got arrested for a shoplifting charge 2c 20-11b(1) got down graded to 2c 20-11c(4), plead guilty paid 158$ fine, took condition dismissal, after 12 month probation, case dismissed and record got expunged in 2017

I am planning to accept a full time offer with whom I am working as contractor for the past 4 yrs. Interviews, BG and drug tests came clean

For H1 transfer, in future employer’s attorney website there is a question.

  1. Have you or any family member ever been arrested, charged, convicted, fined, or imprisoned for violating any laws (even if expunged or dismissed)? Yes/No (If yes, please explain briefly).

Specifically they r asking expunged/dismissed cases also, not sure what to answer.

If I say No, what consequences I may face from USICS?
Is there any chance of RFE / Denial for expunged records?
If I say Yes, What explanation I’ve to write?

After the incident I applied for H1 extension on 12-22-15 with my current employer, it got approved for 3 yrs (4-1-16 to 3-31-19 ) Please advise

(Anil Gupta) #2

The best option is to declare what really happened.

Shoplifting arrests do not generally affect H1B approvals but they affect Green card processing.

(Checkonce_VJ) #3

They filed my Transfer case Yesterday. And Somehow my mid misguided me to say no. Can I go ahead and inform the employer and Attorney now? How the they will take?

(Anil Gupta) #4

Well, you should be confident if you are speaking the truth.

Don’t worry.

(Checkonce_VJ) #5

Thanks… its wrong question though… do u suggest me to wait till case number come or … just go ahead and inform today itself…

(Checkonce_VJ) #6

Worried about. will they take any decision on my current contract job also?

(Anil Gupta) #7

Its your choice. I cannot comment on when to speak the truth.

Use your best judgement.

If the new employer has to create an issue with your truth, they do do it later too.
In USA, most companies take these matters very seriously.

(Checkonce_VJ) #8

Do you happen to hear any one got RFE for Expunged Records?

(Anil Gupta) #9

I do not know anyone at this time.

(Checkonce_VJ) #10

by the way my extension approved…

1 Like
#11

@Checkonce Have you ever been to visa stamping in India after this incident ?