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Hendrik Tjaart J Pretorius

Hendrik Pretorius’s Answers

205 total


  • Port of entry

    I am coming back to the U.S. on a h1 visa. My work location is in the west coast San Jose, CA. I am flying into JFK, spending the weekend with my cousin and then flying to CA. Will there is issues at the POE as to why I didn't fly directly to the ...

    Hendrik’s Answer

    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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  • 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.

    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. My parental company X is asking me to resign in India and serve the notice period of 2 months to get the experience letter. On resign...

    Hendrik’s Answer

    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.

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  • Do I have to be on Payroll when I am on EAD?

    I am on EAD (GC EAD) and I am planning to take time off to tend to my young one. I am planning a 6 month break. As far as I know I don't need to be on the payroll like in H1B. Am I right?

    Hendrik’s Answer

    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 original filing. As stated correctly by my colleague, if based on a family based case for example, then you do not need to be on payroll.

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  • Deferred action

    I had my biometrics done just waiting for an answer my question is if romney wins and cancells deferred action do u think he will take away all the permits that were approved before election?

    Hendrik’s Answer

    Agree with my colleague. This is one of the concerning issue and a reason why it is difficult to completely get behind the program and advise it without hesitation to all qualifying individuals. There just isn't any real certainty.

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  • B1 to H1 Conversion-Note: second time H1 visa

    -------------------------------------------------------------------------------- My friend's previous H1B period was approx. 2 years, 11 months from employer A.The expiry date of the visa stamped on the passport, which was 30 November 2009. ...

    Hendrik’s Answer

    Perhaps I am not understanding the question clearly but if your friend has a newly approved H-1B from employer A then he should consular process to get the new visa stamp and enter on the H-1B. Getting a B visa at this stage doesn't make sense and will likely raise red flags at the consulate for this reason.

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  • What should my friend do? Adjustment of Status or Consular Processing!

    Is it usually said any period of unauthorized stay and work(provided the applicant has not committed fraud by using someone else's SSN or ever claimed to be a U.S.C in order to get the employment) is usually forgiven along-with one petty convictio...

    Hendrik’s Answer

    Agreed. In most cases I prefer AOS as the individual can get the assistance of an immigration lawyer to attend any interviews or hearings if the case gets to that stage. Being able to have an immigration lawyer prepare and explain certain situations directly to an immigration officer with the ability to appeal as stated before, is a major advantage. Of course AOS is not always possible.

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  • US Green Card EB1 Category - International Manager

    Petition filed, approved and stamped in 2007 for an organization A Manager in India for more than 1 year before traveling to US - Organization A Travel to US in 2008 for 6 months as a Manager for an organization A Travel back to US from 2009 t...

    Hendrik’s Answer

    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.

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  • How long does it take to the DOS to update your info (online) once they receive the J1 paperwork/forms?

    I made my J1 waiver application (non objection) on August 30th, and mailed the same day both to my Embassy (Spain) and to the DOS. My Embassy sent me a letter on september 7th with my NOL which they also sent to the DOS. I haven't heard back from ...

    Hendrik’s Answer

    I agree with the previous answer as we have had J visa waiver cases not be updated for long periods of time after submission. As I recall however the online status should show what documents they have in their possession and which they are still missing.

    Make sure that you do not overstay your visa as this will force you to consular process your E-2 visa and puts you in a situation where you are accruing unlawful presence which can become a major problem. Discuss these issues with an immigration lawyer if you have not yet done so.

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  • E2 Investor Visa

    One of my earlier questions is yet to be answered. Being a Bangladeshi citizen is it possible for me to transfer the investment money from my country to the USA.? If so , what are the procedures ??

    Hendrik’s Answer

    You will need to transfer money to the U.S. as part of the E-2 process at some point however the best method to do this will depend on the bank you are intending to use.

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  • Family visa?

    Hi, my husband was deported 2 1/2 years ago for unlawful presence, a gun &theft. Im a U.S Citizen married for 15 years, is there anything I can do?The gun & theft was back in 1998 he was 19 years old.

    Hendrik’s Answer

    If a person has been present in the U.S. for more than 1 year unlawfully then upon attempted re-entry there will be a ten year bar placed on the person. There are waivers available although the process is complex and is best undertaken with an immigration attorney especially as there are serious criminal issues at play that may prevent re-entry completely.

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