If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.  

Q - Can someone with an approved I-140 that was subsequently withdrawn due to layoff request the old priority date from the underlying LC for their GC application with a new employer?  

A - You should be able to retain the first priority date in a subsequent case. This is not that rare. The State Department’s Foreign Affairs Manual has this to say on the subject:  

42.53 N3.6 Subsequent Petition in Employment-based Classifications  

a. Unless revoked pursuant to 8 CFR 205.2 for fraud or misrepresentation, a priority date accorded by approval of an employment-based first, second or third preference petition is retained by the beneficiary for any other first, second or third preference petition approved subsequently for the same beneficiary . In all cases, the beneficiary of multiple petitions is entitled to the earliest of the filing dates of the various petitions.  

b. A priority date established in the employment-based first, second or third preference category, however, is not transferable to employment-based fourth or fifth preference petitions or to a family-sponsored petition.  

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Q - Where is the "nonimmigrant visa number" on a visa?  I am preparing documents for a friend so I only have a copy of her visa and everything I read tells me that "it is the number in red".   

A - Look at the top bar running across the visa stamp. Underneath the words " United States of America " and to the right of the word "Visa" you’ll see a number in red.  

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Q - My friend was 19 years old when he received Green card as a dependent from his father.  His father got an employment-based green card.  We know his father has to wait for five years, but is my friend's green card under family-based or employment-based? Does he need to wait three years or five years to apply for citizenship?  

A - Your friend received a derivative employment-based green card. But it doesn’t really matter. He’ll have to wait five years for citizenship. The only folks that get three years are certain spouses of US citizens.  

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Q - Apparently I require an E-2 spouse visa in order to be able to join my husband who is already living and working in the US for a company there. I will have to apply for the visa at the US Embassy in London but their website is a minefield!!  

Everywhere I seem to read that I should be filling in visa application forms to support my visa request but as I am merely the wife of a current E-2 visa holder, I have no business or economical justification for my request other than being married to a current Visa holder.  

Which documents do I require in order to progress my application please?  

A - You'll need to schedule a visa appointment at the consulate and can file for an E-2 visa as a spouse of an E-2 visa holder. Information can be found at http://london.usembassy.gov/cons_new/visa/niv/interview.html. You'll need to file the normal non-immigrant visa paperwork (DS-156 form, photos, fees, etc.) as well as documentation proving you are married and proof of maintenance by your husband of his E visa status.  

You will want to contact your husband's immigration lawyer to go over the specifics, of course..  

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Q - I am currently working on a H-1B visa.  In addition to my career, can I build a direct marketing business like Amway? Until now I have been told that this is feasible because

-  it is similar to freelance work
- and that I get 1099 that is taxable and therefore similar to bank interest.
- and it is not the same as doing two jobs.  

A - I think you’re wrong on your assumption and this would be viewed as unlawful work. Just because you are an independent contractor does not mean you do not require a work visa. You need a visa to work for yourself and not just from an employer. Double check with your immigration lawyer, of course.