Arrested for public intoxication, Indian on H1B visa asks for help: ‘My extension is coming up’

The US crackdown on illegal immigration under President Donald Trump has sent ripples of anxiety through foreign nationals living and working legally in the States. This fear has been exacerbated by reports of the United States revoking F-1 visas of international students over minor offences, including traffic violations like speeding. Adding to the uncertainty are accounts of people who entered the US with legal tourist or work visas, only to be detained or deported.

H-1B visa holders have not been immune to this growing sense of unease. Many have turned to social media platforms like Reddit to seek advice on navigating the increasingly complex challenges of international travel and re-entry. One such person revealed on Reddit that they had been arrested for public intoxication in 2023, raising questions about how past legal troubles – however minor or resolved – might affect visa extensions and future travel.

Public intoxication and H-1B

In a post shared last week on the “h1b” subreddit, an Indian national living and working in the United States on an H-1B visa revealed that he had been arrested for public intoxication two years ago.

With his visa extension date approaching, the Indian man turned to Reddit for advice on whether he needed to disclose the arrest to his employers, even though it was expunged from his record.

“I was arrested back in 2023 for public intoxication misdemeanor and released in the morning. I later hired an attorney to get the case dismissed and expunged,” the man wrote.

He added that after the public intoxication incident, he travelled to India twice without any issues. However, his current H-1B visa is set to expire soon. To continue working in the US, the man now needs to apply for an extension.

“Post that I traveled to India 2 times without any issues as I already had stamped h1 until 2026. But I have the below questions now as my extension is coming up in 2026,” he wrote.

The questions

The H-1B visa holder asked Reddit whether he needed to disclose his arrest to his employer during the extension proceedings.

An H-1B visa is usually granted for an initial period of three years. Before the visa period ends, the employer must file an extension petition to extend the worker’s stay and employment.

“Do I need to disclose about my arrest with the employer during extension?” the Indian man asked on Reddit.

His second question was in a similar vein. “Is there some place in h1b extension petition asking for arrest records?” he asked.

Lastly, he wondered: “Since I work full time I can only afford to take 3-4 weeks of vacation and my company won’t let employees work outside the US, so what can I expect with delays during stamping related to medical evaluation etc?”

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

(With inputs from PTI)