Hendrik Tjaart J Pretorius’s Answers

Hendrik Tjaart J Pretorius

San Jose Immigration Attorney.

Contributor Level 12
  1. My sister has a permanent ban on entering US and her husband's company is applying for his L1, can her ban affect him?

    Answered over 1 year ago.

    1. James A. Bach
    2. Hendrik Tjaart J Pretorius
    2 lawyer answers

    I agree with my colleague that they will really need to discuss this with an immigration lawyer as the reason for the spouses 'ban' is extremely important to consider before proceeding with a filing.

  2. I have total 6.5 years of exprience in Software devlopment industry.

    Answered over 1 year ago.

    1. Asheesh Kumar Sharma
    2. J Charles Ferrari
    3. Hendrik Tjaart J Pretorius
    4. F. J. Capriotti III
    4 lawyer answers

    The general EB-1 rule for time spent with a company is that you need to show you have been employed abroad for one year out of the last three years by company A or an affiliate or subsidiary thereof. This time can still be satisfied if you spent more than 3 years in the U.S. but it must have been with the same company. More details are needed about the amount of time spent with company B. You should review your eligibility for EB-1 classification with an immigration lawyer.

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

    Answered over 1 year ago.

    1. J Charles Ferrari
    2. Hendrik Tjaart J Pretorius
    3. F. J. Capriotti III
    3 lawyer answers

    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...

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

    Answered over 1 year ago.

    1. J Charles Ferrari
    2. Hendrik Tjaart J Pretorius
    3. Rebecca Cook Black
    3 lawyer answers

    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.

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

    Answered over 1 year ago.

    1. J Charles Ferrari
    2. Hendrik Tjaart J Pretorius
    3. Kyndra L. Mulder
    3 lawyer answers

    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.

  6. I 765 RFE Response review since 60 days.

    Answered almost 2 years ago.

    1. J Charles Ferrari
    2. Hendrik Tjaart J Pretorius
    3. Asheesh Kumar Sharma
    3 lawyer answers

    I agree that the USCIS will not reimburse your filing fee. You could follow up again with the customer service line and also submit a written inquiry to the appropriate USCIS office stating that you have inquired before and still do not have a decision. It is difficult to guess why there may be a delay as we do not have enough information related to your case.

  7. Waiting for H1 B petetion decision. Planning to file H4

    Answered almost 2 years ago.

    1. J Charles Ferrari
    2. Hendrik Tjaart J Pretorius
    3. F. J. Capriotti III
    3 lawyer answers

    I agree with my colleagues that you do not want to keep filing petitions and have multiple pending at the same time as this can and likely will complicate matters for you. You should discuss the options with an immigration attorney, pick one path, and then follow that strategy.

  8. Denied visa for the 4th time in Guangzhou, China

    Answered almost 2 years ago.

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

    Good Day. I would need more details on what type of evidence was presented to the consular officer at time of interview and to gather more facts about the specific situation. There may be a way to more clearly lay out evidence to the officer convincing them of the temporary nature of the trip and the fact that her life is well established in China. I would suggest setting up a time to see an immigration attorney whether our firm here in San Francisco or another local attorney. Good luck.

  9. Process of withdrawing application of admission in master hearing

    Answered almost 2 years ago.

    1. Carl Michael Shusterman
    2. F. J. Capriotti III
    3. Kimberly Schaefer
    4. Hendrik Tjaart J Pretorius
    5. Shahpour Meir Matloob
    5 lawyer answers

    I agree with my colleagues that this type of immigration matter should be handled with an attorney experienced in immigration court proceedings. I would at least take the time to speak with an attorney to understand all potential risks involved with your situation to ensure that you in fact want to relinquish your LPR status as this is a big decision to make.

  10. Will I be questioned at the immigration in the airport if I enter US soil if i have the following:

    Answered almost 2 years ago.

    1. Hendrik Tjaart J Pretorius
    2. Jeffrey N Lisnow
    3. F. J. Capriotti III
    3 lawyer answers

    It is unclear from your question whether you have applied and been issued a new valid visa for this entry or not. You need to contact an attorney and provide all the facts as you will have to present yourself for inspection and admission at the port of entry to show your valid visa (or if eligible to prove you qualify for the visa waiver program). Whether other issues will arise related to your credit issue will again depend largely on more specific facts related to what happened, what the...