Hendrik Tjaart J Pretorius’s Answers

Hendrik Tjaart J Pretorius

San Jose Immigration Attorney.

Contributor Level 12
  1. RFE resposne review delay

    Answered about 2 years ago.

    1. Giacomo Jacques Behar
    2. Hendrik Tjaart J Pretorius
    2 lawyer answers

    H-1B RFE cases are often pending for several months. We recently had an H-1B decision take almost 3 months for consideration after submitting the RFE response. Accordingly, although you may find some estimates, remember that they are just that, estimates. Make sure you do not make fixed plans to leave the U.S. for example as the processing times of these matters are often unpredictable.

    2 lawyers agreed with this answer

  2. Port of entry

    Answered about 2 years ago.

    1. Hendrik Tjaart J Pretorius
    2. Raphael Samuel Moore
    3. Elliot M.S. Yi
    3 lawyer answers

    Agree with my colleague. If you have a valid visa to enter then you should be fine. You may get a verification letter from your cousin if you wish to help verify that you are visiting for the weekend but this is unlikely to be necessary. If for some reason you expect other issues to arise then I would discuss with an immigration lawyer as we can prepare letters citing applicable law in certain types of situations if there is a need.

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  3. I am currently having the L1 Visa from company X and I want to switch to company Y and company Y has filed my H1.

    Answered about 2 years ago.

    1. Hendrik Tjaart J Pretorius
    2. Nicolette Glazer
    3. J Charles Ferrari
    3 lawyer answers

    It is important to speak with an immigration lawyer and give them all the facts. It is unclear if you are in the U.S. on an L visa at this time and if your H-1B was filed as a change of status for example. These issues are of the utmost importance as you need to ensure that you are maintaining valid visa status throughout your stay in the U.S. and these considerations will impact your decisions to resign etc.

    2 lawyers agreed with this answer

  4. Do I have to be on Payroll when I am on EAD?

    Answered about 2 years ago.

    1. Hendrik Tjaart J Pretorius
    2. J Charles Ferrari
    3. Elliot M.S. Yi
    3 lawyer answers

    That is correct. To determine if you need to be on payroll you need to consider the type of visa you are currently holding or the type of immigration matter pending with the USCIS that authorizes you to remain in the country. If you are on an H-1B or L visa for example then you likely do have to be on payroll however other non-immigrant working visas such as the O-1 visa do not require all holders to be on payroll. This all depends on the type of case and what was indicated to the USCIS in your...

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  5. What comes first/ or what should u get first : a social security number or a green card

    Answered about 3 years ago.

    1. Hendrik Tjaart J Pretorius
    2. J Charles Ferrari
    2 lawyer answers

    You should definitely have at least a consultation with an immigration attorney to explain to you the various issued involved with your situation. Without a valid non-immigrant or immigrant visa which allows you to obtain a social security number, you will not be able to get one. Further if you are currently here without visa status there are a number of issues you need to discuss with an immigration lawyer in order to determine whether you have any options available to you before you file a...

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  6. Immigration adjustment procedures for immigrant who came to the U.S. as a child

    Answered almost 6 years ago.

    1. Elaine Carol Schneider
    2. Hendrik Tjaart J Pretorius
    3. Ilona Dzhamgarova
    4. Jean Tien
    4 lawyer answers

    One major issue in this case will be whether your boyfriend was lawfully admitted into the U.S. or not. Whether he came into the country on a visa and has overstayed the visa, or whether he entered without inspection will make a difference whether he is able to apply as an immediate relative to get his green card. Additionally, whether any other type of immigration petition was filed for your boyfriend is also important. One of the major concerns is that your boyfriend has been accruing...

    1 lawyer agreed with this answer

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  7. Is online Master's degree good for EB2

    Answered almost 2 years ago.

    1. Carl Michael Shusterman
    2. Hendrik Tjaart J Pretorius
    3. J Charles Ferrari
    3 lawyer answers

    A U.S. earned Master's degree (or a foreign degree equivalent) will only help you if the job duties and the position itself can be qualified as requiring an individual with that academic background. Accordingly you should discuss this part of the process with an immigration attorney who can help you create an immigration strategy.

    1 lawyer agreed with this answer

  8. I 765 Application student f-1 c3 b . Case pending since 180 days .

    Answered almost 2 years ago.

    1. Hendrik Tjaart J Pretorius
    2. F. J. Capriotti III
    3. Rebecca Cook Black
    3 lawyer answers

    This questions has been posted and answered.

    1 lawyer agreed with this answer

  9. F-1 student visa and green card application

    Answered almost 2 years ago.

    1. Giacomo Jacques Behar
    2. Deborah Lynne Karapetian
    3. Hendrik Tjaart J Pretorius
    4. Patrick Caston Crowley
    4 lawyer answers

    One issue that struck me from your facts is that you are taking so many units online. Take a look at the link provided below and read 8 C.F.R. §214.2(f)(6)(i)(G). It only allows a maximum of 3 units to be taken online. I always recommend making sure that individuals make sure to maintain their non-immigrant visas per the immigration requirements just in case some trouble arises throughout the green card process. Of course there are dual intent issues related to holding an F-1 visa.

    1 lawyer agreed with this answer

  10. Can I retract my TN?

    Answered about 2 years ago.

    1. Robert West
    2. Hendrik Tjaart J Pretorius
    3. Gen Kimura
    3 lawyer answers

    You can only hold one visa status at a time. As with all immigration law the answer to your question requires a deep understanding of all facts involved. Accordingly, without that our answers can only be general. So, if your change of status application from the H-1B to the TN was approved, then from the TN start date indicated in your petition you will be considered in TN status. I would contact an immigration attorney to provide more details regarding the start dates and so forth to see what...

    1 lawyer agreed with this answer