If the case is still open than its a pending case and your only charged. Theft is a crime involving moral turpitude. In Texas yes, its a Class C misdemeanor like a moving violation and you could simply pay a fine but it has far reaching consequences for immigration, not a good idea. Consult competent immigation counsel that can help you on your case before you do anything. The H-1B case can be applied. Don't travel outside the US untill this case is resolved. Call Paul Richardson, criminal defense attorney in your area he can help you and has recently handled a case like this for theft under $50 for another alien and done a very good job. Richardson Law Office 730 E. Park Blvd., Ste. 200 Plano, TX 75074 Tel:972-801~2S00.
Please consult with an attorney who is licensed in Texas. A Texas attorney will be best placed to advise you on the particulars of Texas criminal law.
This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client relationship. For more information, please visit www.justinelderlaw.com.
Hire a lawyer!! Do not plead guilty. A lawyer can get the case settled for less than a conviction. That said, it will not be out of range for immigration to consider it, and you will have to report it. But, a dismissal is much better than a conviction!
It is imperative you find an attorney that practices both criminal and immigration law. Making the wrong decision in your criminal case will certainly hurt your immigration status. Theft is a crime of moral turpitude, there is a petty offense exception, however granting of an H1B is discretionary, and the government could exclude you on that biases. Has a former prosecutor I can tell you that if you have a good attorney that can explain the immigration consequences to the prosecutor he or she may help you out and either dismiss the charges or change them to something with less impact. Good Luck.