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Results 1 to 9 of 9
  1. #1

    Default Speeding and reckless driving citation

    Hi

    Recently I got a speeding and reckless driving citation in NC.The speed was 82 in a 55 zone.Since it was above 80 so I was given reckless driving charge too.No one was injured,no property damage also.

    I want to know if it affects my H1b Extension when i apply for it in July2012.

    One of the charges may be dropped/reduced via plea bargain,please advise if H1 extension and or visa stamping will be a problem.

  2. #2
    Join Date
    May 2009
    Posts
    10,053

    Default

    Not a legal advice. Use of this information is strictly at your own risk.

  3. #3

    Default Re: Question

    Hi Shervin,

    Thanks for providing all the input.Just FYI,I was not arrested,just cited.Also I intend to file my H1 B extension of stay from USA ,I am not travelling to India.Please advise in light of the above.

  4. #4
    Join Date
    May 2009
    Posts
    10,053

    Default

    If you were not arrested, then it should not be an issue.
    Not a legal advice. Use of this information is strictly at your own risk.

  5. #5

    Default Same situation

    Hi h1_visa,

    I'm in the same boat as you. In 2009, I got a citation for speeding 92/55 and hence - reckless driving in NC. I was not arrested or anything. With the help of a lawyer, the reckless driving charge was dismissed and the speeding was plead down to 70/55. I had to pay $100 fine and $130 in court costs.

    Now I have to file for H1B extension. I consulted a leading law firm that deals with immigration matters and they said that I must answer "Yes" for the "Have you ever been arrested, convicted...." question. This is because, in the state of NC, both these speeding charges are considered misdemeanors (criminal charges) and they will show up in background checks as a criminal record. I had already checked mine after the court disposition was over and they do show up as my "criminal record".

    They also said that IF after a detailed analysis they conclude that this is not a charge on which H1B stamping or GC can be denied, we can definitely argue and win with the consulate. I already researched a lot (over 2.5 years) and have determined that these are not charges on which we can be denied stamping or entry at POE. But, my concern is about getting the I-797 extension first in the US as we also have to mention this when we apply for extension. I've been advised to attach the details of the final disposition when I apply for H1B extension. I don't know hoe my employer's law firm is going to react to this. But, keeping my fingers crossed. If you find out any info, do let me know.

    oh...and btw..I was also adviced not to do premium processing. By regular processing, if h1b extension gets denied for any reason, by appealing that decision, we can still be in the US for 280 days beyond the date on the I-94 and hence try to resolve this issue in that time frame.

    I do not vouch for any legal advice I've received. Please use your judgement in deciding how to proceed as individual cases and backgrounds are different. I hope we both get this resolved smoothly. Do keep sharing your case details.

  6. #6

    Default For h1bvisa35

    Hi h1bvisa35,

    Thanks for sharing all the info.Yes I agree with you,however for H1b visa extension,the Question which is asked is whether you have been arrested before.They never ask about conviction(Not atleast in the documentation which my company asks for).Either ways since it is ultimately reduced to a speeding conviction it is not as bad as what it seems.So your office law firm may ask documentation for your case(for records) but that shud not affect anything as a lot of ppl get such citations.

    If you are interested we can exchange emails and also talk on phone.This way we can keep in touch.

    Let me know your thoughts.

  7. #7

    Default Sure, we can discuss offline...

    Sure, my email address is wpfan1 at live dot com

    The question that my employer's law firm clearly asks "arrested, convicted, cited, charged...for breaking a law, ordinance...other than minor traffic violations"

    Unfortunately for us, these are not classified as minor traffic offenses in NC.

    And my private lawyer also said that this question is asked during h1b extension and not only on ds-156 during stamping. Anyway, let's see...once you send me your email address, we can exchange numbers and discuss this.

  8. #8

    Default Thanks

    Hi,

    Yes in DS-156 that information needs to be disclosed.That is when you go to India for H1-B Stamping.

    However for H1b extension while you are in USA,they dont ask this info.May be your employer or my employer uses a general questionniare template.Either ways traffic violations are considered minor from immigration standpoint as long as no one is hurt or property damage happened.I agree with you that some delay could be there,but chances of rejection are minimal
    Last edited by h1_visa; 05-04-2012 at 08:29 AM.

  9. #9

    Default Hi hi1bvisa35

    Hi

    I sent you an email.Did not get response?Is there any way I can get in touch with you?

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