In addition to the issue of petit larceny, please be aware that at the US Consulate in India you will be given either a visa stamp of approval in your passport or a 221(g) notice for further administrative processing. Basically, an officer at the consulate in India reserves the right to re-adjudicate your H1-B case even though they are not supposed to and your H1-B has already been approved by USCIS. Unfortunately, due to overwhelming visa fraud in India, it’s a common practice for US Consulates in India to routinely issue 221(g) especially for workers on H1-B visas in the IT field or if you work for multiple clients or if you work on multiple projects.
Additional processing may take anywhere from two weeks to 10 months which means you will not be able to come back to the USA during that time. If you get 221(g) be prepared to submit additional documents related to your H1-B application.
If you absolutely have to travel to India, immediately notify your employer and H1-B immigration attorney that prepared your case. You should have the entire H1-B package with you when going to the consulate in India together with the documentation that demonstrates ongoing employer-employee relationship, employer’s tax returns, your work itinerary, a detailed account of project(s) you are working on and your academic transcripts. Good luck!
You need to have a lawyer help you.
If you don't want to talk to the company's immigration lawyer, find your own.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Consult with your own attorney and a company attorney. ACD is not a conviction for immigration purposes, however you must disclose your arrest etc.
The above is intended as general information only and cannot be relied upon as legal advice. Call (212)880-1538 for detailed evaluation of your case. Laws change constantly and vary from state to state. The legal principals discussed may differ substantially from your personal situation. Therefore, You should consult an attorney about your particular situation. Visit us at WWW.USIMMIGRATIONPLUS.COM Contact Immigration Law Offices of Tsirina Goroshit at 275 Madison Avenue, 4th Floor New York, NY 10016
You got an ACD which means dismissed if you stayed of trouble. You have no criminal record and unless you had other criminal case, petty offense exception is not an issue. Just bring the final certificate of disposition if they ask. Hire a lawyer to protect your legal rights.
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The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com