Hello ,
I am currenty on an H4 visa and will be applying for H1B soon through some employer. The problem is I was arrested for a shoplifting case in Apr 2012 and the case was dismissed in June 2012 and now I am in the process of expungement of the arrest. My questions are
1. Can I apply for my H1B visa in parallel with my expungment process?
2. Is there any risk of visa rejection due to this arrest?
3. Does the immigration department have any record of the arrest?
4. In the H1B application, there is a question which ask if I was ever arrested, should I reply 'Yes' or 'No', considering that the expungment will remove all arrest records.


The case was a small shoplifting case due to misunderstanding and so the charge was dismissed in a month. And I am in the process of expungment. The process will take minimum 60 days and by then the H1B quota might exaust so I wanted to apply for H1B before the case was expunged.

I really appreciate your help.