I was about to leave this country because my OPT (with STEM extension) has expired on Jul. 13. In the grace period, 10 days ago, I was arrested for DUI.
I can't easily decide to whether defend my DUI case or not. One of the reasons is my plan for job application in the early next year. To get a job, I have to be eligible for H1B visa.
If I simply plea guilty at the arraignment in upcoming September, I would be convicted DUI. If I hire a lawyer and try to defend myself, then my DUI case may be pending at the time of H1B application.
So, my question is, which is better for H1B application between 'convicted DUI' and 'pending DUI'. This is my first offense, no other violation/accident related.
Besides, am I safe for reentry US with ESTA / VWP? (I'm a citizen of South Korea)
It's always best to try to keep the DUI off your record, and the only way to give yourself that chance is with experienced DUI representation. Use this website to find a good DUI attorney in the area where the offense happened, then make some calls to find a good fit for you. Even if a pending DUI might delay your H1B, that's better than the possibility of having it denied altogether due to the DUI conviction.
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