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  1. #1
    Join Date
    Jun 2013
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    5

    Default Will My Employer Learn My Criminal History When My Visa Application is Rejected

    Five years ago, I skipped court date and returned to India for 2 internet crime related felonies in CA. Bench warrants are outstanding.

    Now, i work for a US company in India and the company wants me to visit their HQs on East Coast. I have no intentions of visiting, will be happy to get the visa rejected and move on. I won't share my criminal history on visa application.
    My question is - what are the chances that US embassy share my criminal history and reason for visa rejection with my employer? The company is enrolled in the business executive program of US.
    Thanks!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Visa Details Sharing with Employer

    You have felony warrants outstanding for which you are a fugitive? You intend to lie on a business visa application? What a fine sociopath you are. Yes, you can bet the embassy may indeed let the employer know what is going on. I've had US consular offices in India call me over things that weren't even improper (asking whether I knew one of my H1B's ought not to be doing the sensitive work he was doing. Duh, you think I wrote all that H1B justification without realizing my applicant was a foreigner?).

  3. #3
    Join Date
    Jun 2013
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    5

    Default Re: Visa Details Sharing with Employer

    Quote Quoting flyingron
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    You have felony warrants outstanding for which you are a fugitive? You intend to lie on a business visa application? What a fine sociopath you are. Yes, you can bet the embassy may indeed let the employer know what is going on. I've had US consular offices in India call me over things that weren't even improper (asking whether I knew one of my H1B's ought not to be doing the sensitive work he was doing. Duh, you think I wrote all that H1B justification without realizing my applicant was a foreigner?).
    well...i had tried to go to back and appear for court 3 years ago (after arranging some money to do this) but visa was rejected! So now i am a fugitive by force...
    my work is anyways totally India focused but then I wont even try to appear for business executive visa if visa office can share any details with the employer....people have tried to figure out reasons for their visa rejection but consulate has had a track record of not sharing anything...that may not be true in my situation!

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Visa Details Sharing with Employer

    And you don't think the employer has a right to know why the application they're involved in is rejected?

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Visa Details Sharing with Employer

    "Fugitive by force."

    How funny.

    You can lie all you want on your papers but as soon as you enter the US your fugitive warrants will come up and you'll be arrested.

  6. #6
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Visa Details Sharing with Employer

    criminal records are not considered private under US law, it would be trivial for the US company to find out even if the embassy clams up.

    The first thing the company will do when you tell them your visa was denied will be a background check and even the cheap background checks ($20or less) will find outstanding felony warrants.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Visa Details Sharing with Employer

    Quote Quoting bizexp
    View Post
    well...i had tried to go to back and appear for court 3 years ago (after arranging some money to do this) but visa was rejected! So now i am a fugitive by force...
    my work is anyways totally India focused but then I wont even try to appear for business executive visa if visa office can share any details with the employer....people have tried to figure out reasons for their visa rejection but consulate has had a track record of not sharing anything...that may not be true in my situation!
    Well you most likely did it wrong. You can be paroled into the US to face charges. You need attorneys experienced not only in the type of criminal behavior your have been engaging in but also one that understands immigration law.

  8. #8
    Join Date
    Jun 2013
    Posts
    5

    Default Re: Visa Details Sharing with Employer

    Quote Quoting flyingron
    View Post
    Well you most likely did it wrong. You can be paroled into the US to face charges. You need attorneys experienced not only in the type of criminal behavior your have been engaging in but also one that understands immigration law.
    Paroled to US? How can this be done? i had told about court date at embassy but they least cared.

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    Quote Quoting Lehk
    View Post
    criminal records are not considered private under US law, it would be trivial for the US company to find out even if the embassy clams up.

    The first thing the company will do when you tell them your visa was denied will be a background check and even the cheap background checks ($20or less) will find outstanding felony warrants.

    visa rejection is common for Indians travelling to US particularly for pharma industry in which i operate...companies dont run background check for every rejection. they do checks while hiring but only for india

    Picked this from official US immigration website
    Department of State visa case records are confidential under INA section 222(f), so information can only be provided to visa applicants, with some exceptions. Certain information can be provided to U.S. sponsors, attorneys representing visa applicants, members of Congress, or other persons acting on behalf of and with the permission of applicants.

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Visa Details Sharing with Employer

    If your employer applies for a visa on your behalf, they're the applicant. Even if they're only told the INA number underlying your rejection, they and their laywers would have to be pretty stupid not to figure out from that citation that the denial was based on your criminal history.

    If I were an employer and an employee cost me $thousands in legal and visa application fees, along with costing me delays in having to replace him with a person who would qualify for a visa to take the U.S. position, I expect that you would be able to count in seconds the delay between when I found out about the denial and when the employee was fired and escorted from the building.

  10. #10
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Visa Details Sharing with Employer

    "Internet crime felonies" ... Did your employer not ask about your criminal history? If so, I would not expect it to be specific to India.

    What is really troubling about this is the industry for which OP works ... pharmaceuticals.

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