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Hendrik Tjaart J Pretorius

Hendrik Pretorius’s Answers

205 total


  • I'm changing my visa from F1 to F2, is it OK to continuing study as online student in the same school ?

    I've 33 credits in graduate school in SF and unfortunate my husband live in ST Louis and i want to complete what I've studied so far as online students

    Hendrik’s Answer

    As an F-2 visa holder you must be careful when it comes to studying. You should speak with an immigration attorney. As you can read in the link provided below, there are specific rules related to F-2 studies as provided in 8 CFR 214.2(f)(15)(ii). In part is provides that "The F-2 spouse of an F-1 student may not engage in full-time study" but then also states later that "The F-2 spouse and child may engage in study that is avocational or recreational in nature." As you can see more details are needed to determine if this would be a problem.

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  • Entered U.S.A B1/B2 ... 4 months later Change to J1 application ... 9 months later they asked for additional documents.. I left

    I left 33 days after their last document that said we need additional proof that you fund yourself during your stay, I had nothing new to send and to be honest I was so disappointed because I lost the opportunity I had so I decided to leave 3 DA...

    Hendrik’s Answer

    • Selected as best answer

    More facts would be needed in your case to validly determine the timeline and any potential overstay. I do agree with my colleague that you may have overstayed for a very brief period of time if you failed to respond to the request in a timely manner. Generally a person does not accrue unlawful presence in the U.S. while a valid and timely filed change of status application is pending however after that you do in most cases. Again, speaking with an immigration attorney will help you understand whether you did in fact overstay and what if any consequences you can expect.

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  • I797 Approval In USA , H1B never stamped , Reapplication advantages.

    I Entered USA in Jan 2007 on F1 Visa , Applied for H1b in April 2007 , got I797 approval. Moved to India in August 2007. Went for stamping to Mumbai (India) Consulate in June 2008. Got a 221g white form. After few months received letter from emba...

    Hendrik’s Answer

    You will not get any application fee advantages from having a prior H-1B approval if you are re-applying for a new H-1B at this time. Additionally, a 221(g) non-issuance of a visa can be due to several reasons that has made the Consular Officer question your eligibility for admission to the U.S. You should contact an immigration attorney to review the facts in more detail so that you can form a well thought out immigration strategy.

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  • H1b- to F1 change of status, PhD, (Travel to india)

    Hi My current situation: Working on an H1-B for employer and intend to pursue a PhD starting Jan 2013. I had received admit for FALL 2012 and applied for change of status (I-539) within the US, but withdrew my application Asked the univers...

    Hendrik’s Answer

    You will be in H-1B status, assuming you are still working with the company and complying with all H-1B requirements, until you either get a change of status approved or until you apply for a new visa and it is issued at the local consulate/embassy. Obviously if the I-94 date has been reached then it will also lapse. Having withdrawn your prior COS should not impact your future application however I suppose there is a remote chance that the Officer may ask you about that initial filing and why it was withdrawn. Merely be ready to explain.

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  • I want to marry an illegal immigrant but I dont want him deported. Is that possible? I am a US citizen.

    I met my fiance a over half a year ago and its has been going strong since. We are considering marriage. He came here on a working visa but it lapsed due to his employer having been inhumane. They have filed grievances with a court but as of now, ...

    Hendrik’s Answer

    In general the overstay of a validly issued visa, after inspection and admission by the visa holder, will be forgiven if an individual applies for a green card through marriage to a U.S. Citizen. I would speak with an immigration attorney as there are also other grounds of potential inadmissibility that need to be considered so that you can make the most informed decision.

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  • Greetings. A staffing agency sponsored me for an EB2 visa. It was already filed, awaiting approval. EAD was already issued.

    1) can I work with another employer using my EAD.? 2) can I transfer my eb2 petition to another employer willing to continue the sponsorship, due to my present employer is unable to give me a stable job? 3) I have a pending EB3 petition with appr...

    Hendrik’s Answer

    You should discuss your specific case with an immigration attorney as you may be able to work elsewhere and transfer your case however there are very specific requirements for this and you do not want to jeopardize losing all the time you have already been waiting for this EB matter to process by making a mistake. You want to retain your priority date.

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  • Baby and removal of condional visa

    My friend was on her 1yr extension prior to her removal of conditional visa, only to found out she's pregnant but not w the husband but w another man. And if she give birth here in the US would that child help her papers to stay here in US??

    Hendrik’s Answer

    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.

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  • After our i485 interview, how long does it take to recieve the actual green card in the mail?

    We have an interview on november 2nd, and we want to know if my husband will be able to visit his family in the dominican republic in december.

    Hendrik’s Answer

    Depending on your husbands current immigration status it might not be a good idea to travel at all until the green card is in hand and you are assured of approval. This should be discussed with your immigration lawyer.

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  • Should I complete the form 1-751,petition to remove the condition of residence?

    I married a Canadian man who got Visa for work in US.So I came to US as his wife to live together.We applied for green card together.we have been permanent resident for 3 years and 11 months.Now we are going to divorce.should I complete the 1-751?...

    Hendrik’s Answer

    You should speak with an immigration lawyer as your post raises a lot of questions that need to be answered before determining your current immigration situation and how best to proceed.

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

    I am h1b visa holder (my wife and son have h4 visas). Visas will expire september 2013 (i-94). My employer will file a three-year H-1B extension next year (2013). Son's passport will expire at june 31, and it is cheaper and much faster to renew ...

    Hendrik’s Answer

    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.

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