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How bad DUI record is for processing H1B?

San Francisco, CA |


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)


Attorney Answers 3


My suggestion is that you hire a DUI attorney to resolve this matter. A DUI conviction could affect your chance of being hired for employment. Then you won't have any chance of H-1B.

The information on this website is not intended to be legal advice.

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Attorney Ye's advice is golden. Take it!

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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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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