what problem will i face

[david1]

I am on F1 visa now and I got a job offer and they are about to file H1b for me. But unfortunately due to an incident I may be convicted for Second degree assault. I am worried about the problems I will face in getting the job with H1b, if I am convicted of the second degree assault. Anyone please advice me.

[knowledgeable]

Sorry.

[txh1b]

Is it a felony? If so, what is the max sentence for the crime as per the law in your state? This could determine if you will be deported or not.

[david1]

It's not a Felony. It's a misdemeanor and the max sentence for 2nd degree assault is 10 yrs or $2500 fine. And what happens if the case is dismissed !!! Can I stay in this country and If I stay what kind of Immigration problems will I face. Attorney is sure that this case will be dismissed.

Please advice.

[txh1b]

You should seek help from an immigration attorney as well, not just a criminal one to figure out what the best course of action is.

Any charge and conviction for an offense for which original sentence is greater than 1 yr will likely result in deportation.

A dismissal of the case is definitely a great plus. Seek professional help from an attorney specializing in immigration. Criminal attorney will talk you into a plea bargain that could come back and bite you if done without an immigration lawyer..

[david1]

Thanks for all the replies guys, but I have one more question here.

As I have been charged after I signed the contract for the job, the company has to offer me the job even I have the misdemeanor assault conviction on my record.
So my question is, Will the company be able to successfully file H1b for me?
Or Will the misdemeanor assault conviction make the H1b filing process impossible?

PS: Currently, I am on F1 visa and am offered a job. The company is trying to file H1b for me.

[txh1b]

No one "has to" hire you. Companies can fire you anytime if they uncover any negative information about a person.

If your H1b processing results in a hit, a back ground check could be initiated and will likely result in long delays or a denial if your criminal background warrants a denial.