I-485 filing under wife's country quota


orgchem

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My case:

Primary applicant:

Nationality : Indian
Visa:  H1-B ( 5 years completed on H4)
I-140: Approved
EB-2 Quota
Priority Date : April 2012

Wife:

Nationality: Indonesian
Visa: H4

I will not be able to apply for the I-485 as an Indian because my dates are not current. But i am wondering if I can apply for I-485, since my wife is from Indonesia (For which the dates are current)?
Can anyone please help me on this?

Thanks much.

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I will not be able to apply for the I-485 as an Indian because my dates are not current. But i am wondering if I can apply for I-485, since my wife is from Indonesia (For which the dates are current)?

Can anyone please help me on this?

To file 485 that person should have approved I140. And for I140 that person's PERM has to be approved and for PERM approval that person should have GC sponsoring employer.

 

It's your PERM and I140, you cannot file 485 for your wife.

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My wife is born in Indonesia. I looked up the cross-chargeability and looks like I may be eligible. I have given my case to my lawyer to check it.

 

Cross-Chargeability

Employment based cases are amenable to visa cross-chargeability provisions for principal applicants (that may have a visa retrogressed priority date), who have spouses from a country for which a visa cut-off date may provide a visa allocation. For more information on cross-chargeability, see the Department of State's Visa web page.

 

This forum has helped me in so many ways thanks so much once again.

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  • 1 month later...
  • 8 months later...

Just an update to this old post, I have applied I-485 myself and my application has been approved. Recently went to interview and it got approved. 

 

I found lot of information online on how to apply. But incase if anyone is looking you need to type in a letter stating how cross-chargeability works in your case. Also put in a document that explains the rule from USCIS. 

 

When you go for the interview take these documents and be prepared to answer any questions related to how you are eligible for green card. 

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  • 2 months later...

Just an update to this old post, I have applied I-485 myself and my application has been approved. Recently went to interview and it got approved. 

 

I found lot of information online on how to apply. But incase if anyone is looking you need to type in a letter stating how cross-chargeability works in your case. Also put in a document that explains the rule from USCIS. 

 

When you go for the interview take these documents and be prepared to answer any questions related to how you are eligible for green card. 

Hi orgchem - Are you saying that once your I-140 was approved, you did not file the I-485 through your employer ? Can we file the I-485 by ourself ? Also, I think if you are using cross chargeability, you can file I-140 and I-485 concurrently but it seems you already had an approved I-140.

 

Awaiting response as I am in same boat (wife was born in a country whose priority date is current)

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