CityLife

Hi all!

I work for a large international organisation, I have been offered the chance to work at one of their offices in Florida and I would like to take the chance to check out the states for a year or two.

I am under the impression the my employer will complete a H-1B visa and I will complete the DS-160 visa application, but how does this work? My employer doesn't have to view my DS-160 visa application right? (D&D criminal record and a few stupid things when I was under the age of 18).

But since joining this site I have noticed a reply stating that employers use their own lawyers and therefore could become aware of my stupid ways years ago?

Thanks for reading/replying.
Jan

Pulaski

First establish if anything is a CIMT, or if it was connected to drugs, because if not the matter is moot (irrelevant). A consultation with an experienced immigration attorney of your choosing and your expense i.e. without involving your employer, is probably the best way forward for you.

If you have a prior arrest or conviction that would impact your visa eligibility, the risk is not so much that your employer finds out but that the US authorities find out. The consequences could be profound and immediate.

CityLife

Thanks for the reply!

It's not a CIMT (D&D- and a few stupid things when I was a teenage rebel)- not overly concerned with US immigration and the interview process etc, but I would really hate for my employer to find out...it would easily just turn into gossip and something to talk about next to the coffee machine.

Pulaski

Well between the Rehabilitation of Offenders Act and the Data Protection Act, you're pretty well covered with respect to the risk that your UK employer might find out. The likelihood that it would come to light other than by you disclosing it is surely slim to none, so as long as you are certain that you aren't obligated to disclose the records as involving drugs or CIMTs, your secrets should be safe.

Adnams

Another thing to be wary of is the H1b visa if you are thinking of bringing a spouse they will have no authoization to work on their H4 and that can cause all kinds of problems for the spouse / you as the application for change in status to allow our spouse to work can take years.

But if youre single, foot loose and fancy free you have nothing to worry about.

Good luck and like Pulaski said I'd see an immigration lawyer under your own steam just to make sure nothing is going to turn around and bite you on the bum.

CityLife

There's no spouse to worry about lol!

Do I really have to see an immigration lawyer? See what happened to me was, I came on here for a quick look and then I've suddenly became obsessed with it, and now I've researched it too much and I'm here posting questions about it. I've got a D&D and some stupid things from under the age at 18- which aren't relevant in terms of immigration (I believe). Surely I just go to the interview like everyone else right!

Steve_

It's totally impossible to say because it depends on how thorough their background check is, if they check with your former employer(s) in the UK and ask them if they know, then they might find out.

The usual check they use though will show up stuff in Florida and some other States only though, the problem with that in Florida is they record nearly everything and it's public record.

A friend of mine was in situation where she was babysitting her sister's kids and her sister showed up drunk and clearly not in a fit state to look after them, so my friend refused to hand them over, her sister got violent so my friend called the police. They took her sister to the police station and she made out a complaint against my friend for domestic violence. As soon as she sobered up she withdrew it but now it's on her record and it shows up when she has background checks run.

Pulaski

Are you willing to stake your career on that belief? That is the question.

CityLife

Surely the US authorities aren't going to ask my UK based employer about criminal records I'm being completely honest and up-front about? I have every faith in US immigration- and I have a basic understanding of CIMT's- but surely there isn't even a risk of US immigration/embassy/other? of actually 'grassing' me up to my employer? Surely that doesn't make sense right!

Thanks,
Jan

CityLife

I'm not going to lose my career over this! Lol- and I'm 99% certain I'll get my visa into the states even with my D&D and record, I just wanted to clarify that the H-1B visa (completed by my employer) and the DS-160 (which I complete) are submitted separately and therefore, was under the impression that the DS-160 would remain private and two separate pieces of documentation that perhaps become one during the immigration process and whether I am eligible. I work in a profession where a standard criminal check is sufficient so if I were sacked over this I'd have a strong legal case- but I don't want layers and to be sacked or anyone finding out! I was just hoping that someone knows whether that ones employer has any potential at all to find out.


Thanks again,
Jan

Pulaski

I answered that in post #4, above. I have nothing further to add.

CityLife

Oh yeah- you have - and that's pretty much what I was looking for!

Case closed!
Thanks again,
Jan

jeffreyhy

No, your employer will complete and submit an I-129 petition. The consulate will issue the H-1B visa. Or not. Correct I would guess that in the event your visa application is denied your employer might ask you why? Regards, JEff

Speedwell

If all the offenses are spent and committed when the OP was a juvenile I doubt the offenses will matter as much as the visa denial itself.

CityLife

When I was under 18, actually under 16- I got arrested, court, a good telling off, a record etc- no jail though or anything like that. Now, I know that this shouldn't affect the visa process because I was a juvenile and therefore becomes a non-issue, I have however a conviction for D&D- and my judgement and understanding of visas/Esta/ I never disclosed this when visiting the US either- but WAIT- that's a whole different area, forget about that for now lol But I've read time and time again that a D&D is not considered a CIMT.

I just wanted to know, that is there a risk of my employer finding out about my criminal records when applying for my visa to work in the states- they will sponsor the application, (UK firm expanding in the US), and I was hoping I could complete my part of the applications- honestly, include criminal record checks etc but I just don't want my employer finding this out- there's no way that would remain secret for long here and I'd hate to be known as a drunk or something, you can imagine an office full of guys etc...also I'm not too sure how that would go down with the higher members of staff, some are in their 60's and well.. I'd rather they didn't know.

Cheers,
Jan

Also- if I were to get my visa declined and my employer asked why, then surely it's up to me how I answer that, US immigration aren't going to tell them! Right?