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H1-B, EAD card and Criminal Record

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  • 04-08-2006, 06:50 PM
    seekinganswers
    H1-B, EAD card and Criminal Record
    I am an international student on F1 visa. I was earlier convicted on sexual imposition (Misdemeanor level 3) and was arrested for a month. The maximum possible jail time was 60 days. I am currently in probation for a year's time. I will be graduating in June 2006 and have applied for Optional Practical Training (OPT). My Probation officer had earlier mentioned that i'd need to come till June before she lets me free.

    1. My question is will I have any problem getting my OPT from USCIS.

    2. In future, when a company sponsors H1-B will I face any further problems getting it? I believe there is something called Petty offense exception. Am I eligible for that?

    3. In regards to the jobs, do I volunteer to disclose information about this incident during face to face interviews? Is it okay if I dont disclose any info if they ask only about felonies? What if while doing the background check they find out this misdemeanor although they are only looking for felonies? Will they ignore it or take it seriously? Please advise.
  • 04-09-2006, 10:20 AM
    Mr. Knowitall
    You say that you were convicted. If you are asked to report your encounters with the law, whether in an interview with the USCIS or on a form you are filing, you should tell the truth. Even if you were to try to conceal the conviction, or (worse) lie about it, you can expect that the USCIS will detect it and question you about it.

    I don't know how seriously the USCIS will take this conviction - that can be a fact-specific determination. For an individualized assessment, you should consult an immigration lawyer. (If you are a non-citizen it is always a good idea to consult a lawyer familiar with immigration issues before entering a plea, so you know up front what type of immigration problems you might be facing.)
  • 04-10-2006, 06:55 PM
    seekinganswers
    Got a job - background check
    Hi,

    In regards to the previous threads I have posted, I recently got a job offer and the employer wants me to do the paperwork. I had earlier filled out my application (before going to the interview) where they asked if I was convicted of a felony. I answered no.

    As a part of the paperwork, the employer would receive my written permission to do my background check. Now, will he be looking only for felonies (as asked in the application forms) or will he dig deep in to the misdemeanors as well. Please advice. This problem is driving me nuts. As an aside, I have not informed the employer about the misdemeanor as I assumed that they are only worried about felonies. Will there be any problems?
  • 04-11-2006, 02:38 AM
    Mr. Knowitall
    I don't know what your employer will do. If they obtain your full criminal record they may well see your misdemeanors. But they may not care about misdemeanors.
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