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  1. #1
    Join Date
    Apr 2009

    Question H1B Extension With Shoplifting Misdemeanor in History


    I have a very straight question.
    Last year on sep2nd 2008, i got convicted for the shoplifting offense (which happened in the month of July'2008) and sentenced jail for 7days. After that i had no probation, nothing. But my history have the Misdeamenor. So far by god's grace i have no issues at my work. But this May 2009, my H1 B visa is going to expire and needed an extension. My employer will apply for an extension on my behalf, but they doesnt know about the misdeamenor i have in my record.

    So my question & worriness is whether this misdeamenor will have any impact on my H1 B extension? Will USCIS consider the crimes and based on that they will decide to extend or deny or reject the H1 B visa extensions?

    Worst case what will happen to my Visa status? Anyone please please if you know the answer i request to clarify it. Infact it is the worry i have now because i need to know if having misdeamenor in the history will be a problem to my H1B visa extension then in that scenario what necessary steps can be taken to avoid it.

    But when i went to INDIA for a vacation in the month of december 2008 and was back in January 2009. I encountered no issues at the port of entry.

    I whole heartedly appreciate the one who responds to my concern.


  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: H1B Extension With Shoplifting Misdemeanor in History

    I would want to know more about your situation. It's really unusual, for example, to spend time in jail for a first offense shoplifting incident. The more serious the charge, the more likely it is that it will impact your immigration status. What was the exact charge against you, and the exact conviction charge - please provide statute numbers.

    But even if it's "just" a 90-day misdemeanor, any time you choose to commit crimes in your host country you put your immigration status at risk, and the only way to know for sue what's going to happen is to wait and see.

  3. #3
    Join Date
    Apr 2009

    Unhappy Re: H1B Extension With Shoplifting Misdemeanor in History


    Thanks for looking into my concern.

    here is exactly what happened:

    Last year in july i was caught in a shoplifting of $450, and i was given with a court date to appear which is in sept. In sept, i visited court and pleaded "guilty" shockingly judge gave me 7days of punishment in jail. Fortunately i was there 1day then i got work release for the remaining days. Thats all i was given, i was not asked to do any probation nothing. But it left a mark in my history as a misdeamenor (i believe). So im lot worried with my H1 extension which is thsi year may'09. Im not sure what happens? and no clue whether this crime will impact my H1 extension or not.

    This information helps? Sorry i do not have or provided with any statute numbers for this crime. Thats all i was asked to be done. After that i have no crimes reported , nor i will.

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