I was charged with Petit Larceny in Fall 2010 for a merchandise less than $50. I hired a lawyer and got certain hours of community service. After the completion, I collected the 'Adjournment in Contemplation of Dismissal' document from the court. I was on F1 Student visa status during that time and currently I am working for a company on H1b status. My H1 got approved last year and I am planning to go for H1b Stamping in India. Can you let me know if I will need any other document apart form ACD certificate during my interview? Also, I visited few forums and they talk about 'Petty Offence Exception'. Do I need that document when I leave United States? If Yes, how do I claim the same?
In addition to the issue of petit larceny, please be aware that at the US Consulate in India you will be given either a visa stamp of approval in your passport or a 221(g) notice for further administrative processing. Basically, an officer at the consulate in India reserves the right to re-adjudicate your H1-B case even though they are not supposed to and your H1-B has already been approved by USCIS. Unfortunately, due to overwhelming visa fraud in India, it’s a common practice for US Consulates in India to routinely issue 221(g) especially for workers on H1-B visas in the IT field or if you work for multiple clients or if you work on multiple projects.
Additional processing may take anywhere from two weeks to 10 months which means you will not be able to come back to the USA during that time. If you get 221(g) be prepared to submit additional documents related to your H1-B application.
If you absolutely have to travel to India, immediately notify your employer and H1-B immigration attorney that prepared your case. You should have the entire H1-B package with you when going to the consulate in India together with the documentation that demonstrates ongoing employer-employee relationship, employer’s tax returns, your work itinerary, a detailed account of project(s) you are working on and your academic transcripts. Good luck!
You got an ACD which means dismissed if you stayed of trouble. You have no criminal record and unless you had other criminal case, petty offense exception is not an issue. Just bring the final certificate of disposition if they ask. Hire a lawyer to protect your legal rights.
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