Hi Everyone,
I came to US in student visa, now i have a job and have H1 status. i got DUI (driving under the influence of alcohol) couple months ago. now i want to go back nepal for stamping H-1. please anybody who has had similar situation or with an idea about it suggest me if there is any risk of getting H-1 stamp in the embassy back in nepal while my returning?
I would really appreciate for your time and valuable suggestion as its gonna be a big relief for me. thanks.

stamp it here instead of going t Nepal

DUI is 3rd degree felony. You would be deported for this cause.

i think i heard its like if u get caught 3rd time DUI, then u get deported.. but im not sure.. i think different states have different rules regarding DUI and immigration status.

How about "Vehicle Traffic Offense" - Failure to Stop and Report after Accident. This has been defined as 2nd Class misdimenaour by state Law. What would be effect of this in obtaining H1B visa from US Embassy in Nepal? I am also in confusion in going back to nepal. I am missing my children.

I don't think you would get deported for that but once you are out of the country you might have hard timne getting back in.

And most importantly you will have some problem to get green card. Your finger printing record will show your record if you were arrested.

I do not think that you will have a big issue with immigration if you only have 1 DUI. However, they will ask you for the court letter that states that you completed the probation, paid the fines etc. At least thats the case in the state I am in.

I also would not think that you will have issues with getting H1 visa because your DUI record doesn't have anything to do with you visa. Don't quote me on this but thats just my opinion.

Hope this helps!

I also think that his DUI has nothing to do with his immigration status. It's the matter of concern when you apply for PR, I guess. However, remember that when you apply for visa at the embassy, they have a section in the application form where they ask ... Have you ever been convicted of this .. and that... or felony or ..... Typically people answer NO NO NO... If you have one YES then there might be a problem.

Batuwa, from what I know one DUI should not be a problem to get a PR. Unless the rules have been changed in last few years, they will ask for the court letter stating that you completed the probation and paid fines etc.. from what I have known.....

If you answer No for Yes in teh Visa application form for convicted .....and If they (US Embassy at KTM) check the background it will prove that you are lying. Wouldnt it create another problem?? May be if your case is not much that serious and embassy may grant Visa but for lie they may barr you visa for long time. Jeopardizing may not be good. What are your experiences?

Just curious about the H1, what does that stamping the H1 mean?
If a person has switched to H1 status before completing the degree in F1, will it be a problem while returning back to nepal?

Stampinh h1 here implies obtaining H1 visa from Consulate. It should be a problem. Good Luck to Krishh and aabha. How about if you consult with lawyer. Seems like nobody has gone through such cases.

aabha,,if your fingure print is not taken,,there will not be a problem. what i have learnt from a reliable source is,,if any misdeameanor is happened in us and finger print is taken,,then you gonna have to wait for obtaining visa from embassy until they get all of your information from usa,,it usualy takes 45 days. you will still grant visa though after they came to know you have fulfilled all the probation and fines from Dept of states.

Thanks Krish, That info give me some relief. As far as I remember I was not taken any finger prints. I paid the fine. But still I am doubtful with the consulars in Kathmandu. Many have experience that the visa they issue mainly depends upon their mood and they always seek for a mistake...whatever it is small or big.

Aabha,,
you will get visa ,,no doubt. it is not like depending on the counselor mood since you have h1. the worst case on you is you may have to wait 30-45 days. so you are lucky ......

Krishh, It seems like nobody else has any experience on such case.

DUI Is FELONY Crime. You might have hard time getting a Green Card.They will pull all the information about you, the day you entered this country as well your aplication when you applied in the U.S. Embassy.Good Luck....