DUI restamp question - L1 (or experience around H1B as well)

[Patientes 1]

Hi all - 

Urgent help / sharing needed - 

My L1A was revoked following a DUI arrest - my case was dropped with DA refused to charge (BAC 0.03, well below 0.08 limit). I need to go back to China on a business trip so will have to address the visa stamp issue at the same time:

* Do I need a new I-129S from my employer (current one endorsed by consulate, and valid through 2025)

* Does anyone have experience with consulate in China? I'm worried about that they have be more negative towards even dropped DUI cases

* Given my situation, any possibility that I may not be required to go through panel test?
 

[Boiler 45,761]

Not sure if I have seen China or L, India and F seems very common and the assumption is that they are not getting another visa.

 

Have you discussed this with the company lawyers?

 

What you mean by panel?

[Patientes 1]

3 minutes ago, Boiler said:

Not sure if I have seen China or L, India and F seems very common and the assumption is that they are not getting another visa.

 

Have you discussed this with the company lawyers?

 

What you mean by panel?

Thanks - I have seen multiple posts / experience sharing on other forum of Indian nationals getting new stamp after being referred to panel physician examination - I feared that might be survivorship bias, please can you share more on this point?  
 

and I have not discussed this with company lawyer fearing potential negative impact to my employment / career.

 

Thanks again

[randomstairs 304]

43 minutes ago, Patientes said:

Hi all - 

Urgent help / sharing needed - 

My L1A was revoked following a DUI arrest - my case was dropped with DA refused to charge (BAC 0.03, well below 0.08 limit). I need to go back to China on a business trip so will have to address the visa stamp issue at the same time:

* Do I need a new I-129S from my employer (current one endorsed by consulate, and valid through 2025)

* Does anyone have experience with consulate in China? I'm worried about that they have be more negative towards even dropped DUI cases

* Given my situation, any possibility that I may not be required to go through panel test?
 

I don't know specifically for L1A visas, but in the case of H1B, only the visa is revoked, not the status in the US. So I don't think they need a new approval, just a new visa stamp if they travel. 

Bring the documents showing that the charges have not been filed by the DA. This may help with avoiding the Panel, but those decisions are probably discretionary. 

The BAC of 0.03 is still significant even if not illegal for the type of the vehicle and in the state you were driving. It's beyond me why would anyone, especially a non-citizen, have a single beer before driving. I don't mean ethically - no judging - I mean from the perspective of legal jeopardy that one could be facing as a consequence. It's just a really bad idea.   

[Patientes 1]

25 minutes ago, randomstairs said:

I don't know specifically for L1A visas, but in the case of H1B, only the visa is revoked, not the status in the US. So I don't think they need a new approval, just a new visa stamp if they travel. 

Bring the documents showing that the charges have not been filed by the DA. This may help with avoiding the Panel, but those decisions are probably discretionary. 

The BAC of 0.03 is still significant even if not illegal for the type of the vehicle and in the state you were driving. It's beyond me why would anyone, especially a non-citizen, have a single beer before driving. I don't mean ethically - no judging - I mean from the perspective of legal jeopardy that one could be facing as a consequence. It's just a really bad idea.   

Thank you for your sharing.

 

Yes, it was a bad decision and I learnt it the hard way - I’m remorseful ever since.

 

I’m now trying to put my life back together if that’s still possible.

Edited July 1, 2023 by Patientes

[Adventine 3,201]

You really need to talk to your company lawyers. 

[Patientes 1]

1 minute ago, Adventine said:

You really need to talk to your company lawyers. 

Thanks for the advice - I’ve retained my own immigration attorney and would like to augment that with whatever practical experience sharing I can get.

 

My biggest concern of talking to company lawyer is that it might negatively impact my employment / career.

[Boiler 45,761]

I have seen the question asked you dem to have found what eventually happened.

 

There would be nowhere that you could find stats on this so anything is going to be anecdotal

 

Makes sense to me that they would prefer you for a medical

 

In the cases I have seen the guidance was always do not go.

[Patientes 1]

13 minutes ago, Boiler said:

I have seen the question asked you dem to have found what eventually happened.

 

There would be nowhere that you could find stats on this so anything is going to be anecdotal

 

Makes sense to me that they would prefer you for a medical

 

In the cases I have seen the guidance was always do not go.

Thanks - it’s unfortunate that my job responsibility would require me to travel 😞 

 

I fully understand the uncertainties involved … it’s been extremely stressful 

[Crazy Cat 41,985]

1 hour ago, Patientes said:

and I have not discussed this with company lawyer fearing potential negative impact to my employment / career.

It could cause a negative impact if you fail to talk to them...depending on your contract. 

[Patientes 1]

7 minutes ago, Crazy Cat said:

It could cause a negative impact if you fail to talk to them...depending on your contract. 

My employer is more lenient in this regard- only crime convicted on company premises mandates disclosure.

 

That leaves me some space to wriggle …

[JeanneAdil 6,583]

If your employer is going to petition for the upgrade to H1 b and pay out the additional fee for this,  u need to let them know

The Consolidated Appropriations Act of 2016^[15] increases fees for certain H-1B and L-1 petitioners

 

The Consolidated Appropriations Act of 2016^[15] increases fees for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B

 

https://www.uscis.gov/policy-manual/volume-2-part-l-chapter-1

 

Or if they renew your L1 it is still costly and a new criminal report required from FBI 

u don't want this coming out as a total surprise to employer

 

so, your L1 was revoked? was revoked stamped on the visa?

or just put into computer by arresting officer?

it could result in issue with CBP at POE after trip to China

i would get the L1 reinstated before leaving and this involves your employer

Edited July 1, 2023 by JeanneAdil

[randomstairs 304]

1 hour ago, Patientes said:

Thank you for your sharing.

 

Yes, it was a bad decision and I learnt it the hard way - I’m remorseful ever since.

 

I’m now trying to put my life back together if that’s still possible.

Of course it is possible! With no conviction (or even filing, as is the case) your chances of convincing the consular officer that you're not presenting a risk of another DUI are good, IMO. The Panel would be the worst case scenario, and if you're assigned one, you'll pass easily unless you have a chronic alcohol problem (daily drinking, etc). So, while you must take it seriously, this case is unlikely to jeopardize your future in the US. Best of luck! 

[SalishSea 17,980]

2 hours ago, Patientes said:

My employer is more lenient in this regard- only crime convicted on company premises mandates disclosure.

 

That leaves me some space to wriggle …

Lol.   That can’t be true.

[carmel34 3,646]

2 hours ago, Patientes said:

My employer is more lenient in this regard- only crime convicted on company premises mandates disclosure.

 

That leaves me some space to wriggle …

If you are so sure that your employer is lenient and has a policy stating such, then you should have no concerns about telling them, especially their attorney that takes care of visas and HR.  If you don't disclose now it could create more serious problems for you later.  They sponsored you for this visa, correct?