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H-1B Visa Eligibility

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  • H-1B Visa Eligibility

    Hello,

    I am currently a student in Connecticut on an F-1 visa and I am graduating this December, considering to apply for Optional Practical Training and H-1 visa eventually. Last year, when I was 20 years of age, I was arrested and charged with misdemeanor for possessing marijuana (2 grams) in New York City, NY. The Court's decision was that the charge would be effective for one year and then it would be dropped with no penalties or community work whatsoever. I am not completely sure if this would disappear from my criminal record after the stipulated year, which already passed. My concern is what the possible effects on my eligibility for an H-1 visa and future residency would be.

    Please, advise!

    Sincerely,
    Tsikupen

  • #2
    Hello,

    I am currently a student in Connecticut on an F-1 visa and I am graduating this December, considering to apply for Optional Practical Training and H-1 visa eventually. Last year, when I was 20 years of age, I was arrested and charged with misdemeanor for possessing marijuana (2 grams) in New York City, NY. The Court's decision was that the charge would be effective for one year and then it would be dropped with no penalties or community work whatsoever. I am not completely sure if this would disappear from my criminal record after the stipulated year, which already passed. My concern is what the possible effects on my eligibility for an H-1 visa and future residency would be.

    Please, advise!

    Sincerely,
    Tsikupen

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    • #3
      Man, you will not find a deeper hole than where you are right now.... It's better for you begin looking for an employer that would really really accept you despite of your record because INS and DOL will surely use it against your case....

      Goodluck.....

      Comment


      • #4
        I have been in a similar situation, h1b for the work petition there should not be a problem as you do not need to disclose it, for visa and g.c.you would have to. Also you should be ok b/c ny ACD is not a conviction or an admission of guilt. also you were below 30 grams for which there is an inadmissibilyt waiver.(however, this is a mute point b/c you have not admitted to anything legally nor you have been connvicted. Make sure you consult a good lwayer before you make application.

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        • #5
          "Hello,

          I am currently a student in Connecticut on an F-1 visa and I am graduating this December, considering to apply for Optional Practical Training and H-1 visa eventually. Last year, when I was 20 years of age, I was arrested and charged with misdemeanor for possessing marijuana (2 grams) in New York City, NY. The Court's decision was that the charge would be effective for one year and then it would be dropped with no penalties or community work whatsoever. I am not completely sure if this would disappear from my criminal record after the stipulated year, which already passed. My concern is what the possible effects on my eligibility for an H-1 visa and future residency would be.

          Please, advise!

          Sincerely,
          Tsikupen"

          You sound like a gook. Are you sure it was marijuana? Gooks like opium from the poppy plant. That must have been it.

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