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link: Shoplifing case & diversion and, what about H-1B Stamping...

OH0immig
Member posted February 14, 2009 08:59 PM
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I did the most foolish thing in my life, I can think of. Was caught for *** and charged. I was charged with Felony IV (category for shoplifting in OH with more more than few hundred $s). I was FP and photographed.

I was and am on H-1B visa.

I hired top criminal lawyer, and seems like he did good job. He didn't let me go once in court and filed for diversion without any guilty plea (or not guilty plea). The diversion program was for 1 year with some community service. After seeing my record and behavior, the diversion case officer ended the program prematurely in 8 months. The case was dismissed with no guilty plea.(Every state diversion program is different. Ohio diversion program provides flexibility to complete without guilty plea).

It all happened 2 years back (charges filed). I may have to go to India for some time. That will need visa stamping too.

My queries are,
1) Can and Shall I get visa stamped? I dont have any other criminal record (only one speeding ticket about 6 years back).

2) After stamping, will I be able to enter the country.

3) Does any one has personal experience in going out, getting visa stamped and coming back to US?

I am really looking forward for the personal experience.



Topic: BackGround Check for H1B
swetha1985
Member posted February 17, 2009 10:37 PM
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Hi All,
Was arrested for a shoplifting case on aug6th2008 and then in sep it was reduced to municipal ordinance.Backgroud check was done for my job between aug7th-aug11th th for my job and got reports on aug13th that everything is clear.Thought god's grace.Now Iam planning to change a job,if they do background check in case if my case shows up,will it be shown as a criminal case or municipal ordinance case.Please let me know anybody?



Topic: Continue from Shoplifting
Raju_Gentleman
Member posted March 06, 2008 01:19 PM
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As you all know that my wife's case is still pending for decision and Attorney says that he didn't got any reply from procecutors yet and We do not have any idea what is going to happen and I also paid entire fee to our attorney.

I have following question-

My empoyers attorney told me that they are filing for H1-B visa next month as right now I am on L1-B and our I-140 and I-485 was filed in Aug 2007. I have my and my wifes EAD and AP now employer wants me to transfer on H1-B.

As my wife is on L2 and dependent on as we will be filing for H1-B so she will have to get H2 and she has a Arrest record and case is pending in court.

Would she will have a problem for her H2 stamping or approval etc? Please guys respond if some one have idea.