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Should I apply for an H1B? If yes, then when will it be a good time?

Pomona, CA |

4 months ago, I was convicted of simple assault (misdemeanor- it is a crime not involving moral turpitude). Have another 2.5 years of summary probation. I'm currently on F-1 student visa and due to STEM extension, will be eligible to work for another 2 years without sponsorship. However, I will need a H1B after that (in 2015 April). Should I consider expungement of my record 15 months from today when I will be half way through my probation and eligible for expungment? Will expungment have a positive effect on my chances of getting an H1B visa approval from the immigration office? Or should I just focus on working for 2 years and leaving this country after that? What are my option? Thank you!

Attorney Answers 3


  1. Best answer

    Can apply anytime. An expungement is worthless if obtained for immigration purposes. Yours is not a CMT, you thus have nothing to worry about,

    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.


  2. Expungement does nothing, USCIS and ICE will see your record when you do the biometrics. You will need to explain the arrests and convictions, with your crim file destroyed - not an easy task, I would not advise you to expunge the record until you naturalize.
    I do not see what could push or trigger USCIS to review your crim record while reviewing the H-1b. However, it will be an issue if you decide to apply for the LPR status.
    I agree that simple assault is almost always not CIMT.


  3. Apply for your H-1B anytime you want. This doesn't sound like a CMT. Expungement won't help you.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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