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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someone with an approved I-140 that was subsequently withdrawn due to layoff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.
*****
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 "
*****
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.
*****
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
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..
*****
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.