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Hendrik Tjaart J Pretorius

Hendrik Pretorius’s Answers

205 total


  • How do I get an L1 visa for an Indian national ?

    Here's the scenario. 1) We are an ad:tech startup based in the UK, with offices in Dubai, Singapore and more recently we spun off one of our products into a separate company with a tiny presence in Silicon Valley, in San Francisco. ...

    Hendrik’s Answer

    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 the business, industry norms, size and scope.

    The L visa is complex and issues relating to company ownership, business planning, job duties, etc are vitally important.

    Feel free to read some articles regarding the L visa on www.pretoriuslaw.com.

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  • Can i bring my fiance back from Mexico?

    Fiance was caught crossing Mexican border undocumented in 2004 and arrested & sent back to Mexico. He was not given papers nor did he see a judge. Am i able to bring him to US to marry legally @ live here with me? What do i need to do?

    Hendrik’s Answer

    Much will depend on exactly what happened in 2004 as it will be necessary to determine if he will be considered admissible to the U.S. or not and if not whether there are any potential waivers available in his situation. You should consult with an immigration lawyer to understand all the possible options.

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  • I am a US citizen and would like to have my sister and her two children move here from Greece.

    My sister had a previous green card between the years of 1975 and 1980 before moving back to Greece, and would like to return to the US. What rights if any does she have, and what is required to re-issue her a green card?

    Hendrik’s Answer

    As is is very unlikely that she will have a claim to her prior permanent residency she should review the options available to her, whether family based or employment based, with a qualified immigration attorney.

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  • Is online Master's degree good for EB2

    I have 3 year bachelor's degree from India. I am planning to do Master's degree from University of Phoenix. This will be an online degree. I have more than 8 years of experience. I want to know if doing online master's degree help me to qualify fo...

    Hendrik’s Answer

    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.

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

    Hello As you all know my case is pending sice 180 days , and replied to RFE it has been 70 days. I need a Attoney who can schedule an appointment for monday . I live n sanjose . Please provide your contact details humble reuest.

    Hendrik’s Answer

    This questions has been posted and answered.

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  • I765 Situations are becoming head ache for all of us. Appeal for the role of attorneys.

    I 765 F-1 Student based C 3 B . Application date : 30th April 2012. Receipt Date -02nd May.RFE Date -08 Aug. RFE replied Date-24 Aug. It has been more than 180 days sincee i filed the I765. and Approx 70 days i replied to replied to the RFE. Q.1...

    Hendrik’s Answer

    Immigration processing is unfortunately a rather unpredictable practice when it comes to the timing of issues. There are often various reasons why the government may take longer to process one case compared to another. Without specific details about your case it is difficult to predict what the cause of the delay may be.

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  • Student visa for someone whose immigration petition was filed last year

    Hi, I am a US citizen and i applied for my sister's (unmarried) immigration in 2011. However the waiting period is abt 10 yrs. My sister now wants to come here on student visa. will it be a problem to get teh student visa? My dad is still in Ind...

    Hendrik’s Answer

    This could make it more difficult to enter the U.S. however as the waiting period is so long I would consult with an immigration attorney to get help in preparing to convince the officer that this stay is temporary in nature. The burden of proving this will be on your sister.

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

    My sister's husband worked in US for 6 months and his company has filed L1 petition for him but she has a permanent ban on entering US, they want to know what should he inform the immigration regarding his spouse details and will her issue make a...

    Hendrik’s Answer

    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.

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

    I was working with Employer A on L1B for 5.5 years out of which 2.5 years in offshore (India) and 3 years in USA. When i was in india i was manager for around 6 months. Then I joined Employer B on H1B in USA. If I joined back again Employer A ...

    Hendrik’s Answer

    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.

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  • F-1 student visa and green card application

    I'm currently on a F-1 student visa. I applied for a green card and will be having my interview soon (the interview will be in my home country, so I'm going to miss at least two weeks of classes). I'm taking many classes this semester which is why...

    Hendrik’s Answer

    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.

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