I am on H1B, I filed amendment and waiting for result.
Recently I was arrested for shoplifting and put in jail for a day, I was charged Misdemeanor first degree but court reduced charges and finally I convicted for "Disorderly Conduct" Misdemeanor fourth degree plus I day Jail but it was credited as I already spent a day in Jail plus $110 fine.
Is "Disorderly Conduct" in my case for shoplifting is Cimes which show Moral Turpitude (CIMT) ?
What can be the consequences to my H1B amendment ?
If I get RFE or H1B amendment get rejected due to this "Disorderly Conduct" conviction and my company get to know about it, will they separate me from company ? what action they can take ?
Please provide your valuable suggestion.
1. "Is "Disorderly Conduct" in my case for shoplifting is Cimes which show Moral Turpitude (CIMT) ?"
No, since that one is a "misdemeanor" and not a felony.
2. " What can be the consequences to my H1B amendment ? " Zero, for the "amended petition" in question will be the employer's and not yours. USCIS does not check the beneficiary's conviction records there. You will, however, have to disclose that arrest and conviction at the time when you apply to renew/extend your visa stamp at the US consulate.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and 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.
If you got fingerprinted expect to have your visa revoked.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. If you wish to discuss your case further, you may seek an appointment here - www.lawyersharma.com/book-online.
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