Ventura, CA Immigration Law Firms & Lawyers

You do not state whether the amendment in 2019 extended the H-1B validity past July 2021. I will assume for purposes of your question that it did and that the H-1B approved petition is valid after October 2021. The fact that you never traveled to the US using your current H-1B approval does not preclude the fact that you can enter the US with the prior visa until July 2021 showing your current H-1B petition approval. Once you are in the US, you can continue to work for your cap-exempt organization until the expiration date that is indicated on the I-797 approval sheet. (This answer does not take into account any restrictions imposed by the Trump administration on travel which we assume will soon be erased by the incoming Biden administration). Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Although shoplifting is a misdemeanor offense in most States, you will need to make sure the maximum imprisonment time for the offense is less than one (1) year under the laws of that State where you were convicted. If is is less than 1 year (generally imprisonment time depends on the value of the merchandise and how many times the person has been convicted), then you will NOT be inadmissible and your conditional green card may be approved. You will need to provide the USCIS with a copy of the court disposition and State statute relating to shoplifting charges.