Hendrik Tjaart J Pretorius’s Answers

Hendrik Tjaart J Pretorius

San Jose Immigration Attorney.

Contributor Level 12
  1. Will my B2 Visa Extension RFE delay my case processing?

    Answered almost 2 years ago.

    1. Hendrik Tjaart J Pretorius
    2. J Charles Ferrari
    3. Chong Hae Ye
    3 lawyer answers

    Withdrawing and submitting a new form may be an issue depending on when your current B2 status is set to expire. Remember that in order to file a timely I-539 this must be received by the USCIS prior to the date on expiration on your I-94, not to be confused with your visa expiration. An RFE will delay the process as this requires you to prepare a response however depending on the severity of the mistake there may not be any RFE. If the mistake is a material misrepresentation however then...

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  2. Are b2 to h1 transfers possible in the US? Have i been cheated by my h1b sponsor ? what action can i take on this?

    Answered almost 2 years ago.

    1. Carl Michael Shusterman
    2. Hendrik Tjaart J Pretorius
    3. Deborah Lynne Karapetian
    3 lawyer answers

    It is not possible to say whether of not you have been cheated based on the facts provided. In terms of your current situation, you will able to apply for a new H-1B visa on April 1, 2013 when the next H-1B visa quota cycle begins. As you know, to file a valid case you will need a valid professional level job offer from a U.S. company and will have to satisfy various other H-1B requirements.

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  3. US Green Card EB1 Category - International Manager

    Answered almost 2 years ago.

    1. Hendrik Tjaart J Pretorius
    2. Giacomo Jacques Behar
    3. Elliot M.S. Yi
    3 lawyer answers

    It is unclear whether Organization A and B are both related in ownership to the foreign entity. This is critically important as it has an effect on other necessary requirements. I would definitely recommend engaging with an immigration lawyer to cover all your bases.

    5 lawyers agreed with this answer

  4. Can a U.S. citizen marry and legalize an illegal alien without the immigrant going back to his country

    Answered over 5 years ago.

    1. Ann Massey Badmus
    2. Hendrik Tjaart J Pretorius
    2 lawyer answers

    The answer to this question would depend on several factors. One important factor would be what you mean by "illegal alien." If you mean that the person entered the U.S. without a valid visa then his opportunities to adjust status will be severely limited. If however you mean that the person entered the U.S. on valid visa status and then overstayed the visa then this is a different situation. What is certain however is that merely marrying a U.S. Citizen does not automatically make a person...

    2 lawyers agreed with this answer

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  5. How do I get an L1 visa for an Indian national ?

    Answered over 1 year ago.

    1. Giacomo Jacques Behar
    2. Hendrik Tjaart J Pretorius
    3. F. J. Capriotti III
    4. Jeffrey Adam Devore
    4 lawyer answers

    This is definitely a possibility worth exploring in more detail as one of the potential options is an L-1 visa for an executive level employee who has been based with the foreign enterprise for at least one year and will be entering to work as an executive or managerial level employee. Even a specialized knowledge individual could qualify but this has some intricacies that should be understood. Also, the investment amount may or may not be sufficient as this depends on a deeper understanding of...

    4 lawyers agreed with this answer

  6. Out of status for 8 months then returned to home country. How can I re-enter the US in the future (if possible at all)?

    Answered almost 2 years ago.

    1. Hendrik Tjaart J Pretorius
    2. Mark Robert Barr
    3. Myron Russell Morales
    3 lawyer answers

    I would discuss this with a qualified immigration attorney as there are more facts needed. For example, it is necessary to know what you mean by "out of status"? Did you stop attending classes, did your program end, where you actually ever found to be out of status by an immigration judge, etc.? The general rule is that if you have been found to be out of status for between 6 months and 1 year and you then leave the U.S., you will have a three year bar that you will have to overcome before...

    4 lawyers agreed with this answer

  7. I am wanting to move to Canada and get married, what is the best process to manage this move?

    Answered about 3 years ago.

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

    Although you have a valid question you need to direct this inquiry to immigration lawyers located in Canada as we deal with people wanting to immigrate to the U.S.

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  8. As a permanent resident, how do I update my marital status with USCIS?

    Answered about 4 years ago.

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

    Good Day, If you got your LPR status through marriage then any change in your marital status may affect you in terms of when you can apply for citizenship. Apart from that there is no need to update USCIS. Note that this information is merely intended as background information and not to be taken as legal advice. Additionally no attorney-client relationship is hereby created. Regards, Hendrik Pretorius Attorney at Law Pretorius Law Firm www.pretoriuslaw.com Telephone: 408.510....

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  9. Baby and removal of condional visa

    Answered almost 2 years ago.

    1. Brian Rhodes
    2. Hendrik Tjaart J Pretorius
    3. Myron Russell Morales
    4. Philip Alan Eichorn
    5. Sonya Nicole Campbell
    5 lawyer answers

    A child can only help a parent receive permanent resident status once the child turns 21. Further, your friend should make sure not to jeopardize her future ability to receive immigration benefits by failing to proceed or by provide accurate information to the USCIS. Remember that even if a person satisfies requirements for green card eligibility they also have to show the USCIS that nothing in their past makes them inadmissible. She should discuss this with immigration counsel.

    4 lawyers agreed with this answer

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  10. Wondering is it possible to be in home country while the h1b visa extention is in process?

    Answered almost 2 years ago.

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

    If you have a valid H-1B visa and you can prove you have maintained the visa then you are allowed to travel on the H-1B and H-4 visas after filing for the extension petition. There are obvious issues that will arise however if your extension application is denied after your current H-1B visa is expired so timing is important to discuss with immigration counsel.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful