Overland Park, KS asked in Immigration Law for Connecticut

Q: Immigration question regarding i29 RFE!!!

I am on h4 and have a closed misdeamenor C.__My husband (H1B) has recently changed his company and the new company is filing his i129 (COS) along with mine(for the extension).__My question is because of my record can he get a RFE?

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: When an H1B visa holder changes employers, the new employer must file a Form I-129 for a change of employer (COS) along with any dependent H4 visa extensions. The presence of a misdemeanor on a dependent's record, like an H4 visa holder, generally does not directly impact the H1B principal applicant's I-129 petition. Each application is evaluated on its own merits, focusing on the eligibility and qualifications of the H1B visa holder.

However, when filing for an H4 extension, the misdemeanor may be scrutinized as part of the dependent's background check. It could potentially lead to a Request for Evidence (RFE) specifically for your extension to clarify details about the misdemeanor, its nature, resolution, and any implications it might have on your eligibility for H4 status. It's essential to respond thoroughly and accurately to any RFEs received.

To prepare, gathering all relevant documents related to the misdemeanor, including court documents, resolution, and any rehabilitation measures taken, is advisable. Consulting with an immigration attorney can provide guidance on how best to present this information in your application or in response to an RFE. They can also offer advice on any potential impacts on your immigration status and how to address them effectively.

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