KAPA Posted September 18, 2018 Report Share Posted September 18, 2018 Me and my wife are born in India. While I worked in Indonesia, my two kids are born (Country of Birth, Aged 13 & 6). Now I am working in USA in H1B. If my employer files H1B in EB2 - will my kids counted against Indian Quota or in Indonesian Quota. Will appreciate your response. Link to comment
pontevecchio Posted September 18, 2018 Report Share Posted September 18, 2018 Your kids will be counted based on your QUOTA. Link to comment
JoeF Posted September 18, 2018 Report Share Posted September 18, 2018 Dependents aare counted in your quota. Cross-chargeability does not apply to children. Link to comment
newacct Posted September 18, 2018 Report Share Posted September 18, 2018 3 hours ago, KAPA said: Me and my wife are born in India. While I worked in Indonesia, my two kids are born (Country of Birth, Aged 13 & 6). Now I am working in USA in H1B. If my employer files H1B in EB2 - will my kids counted against Indian Quota or in Indonesian Quota. Will appreciate your response. The kids are chargeable to Indonesia by default, but derivative beneficiaries cannot immigrate before the principal beneficiary, so it does not help. Link to comment
Provence Posted September 18, 2018 Report Share Posted September 18, 2018 Changeability is based on the principal or spouse, and based on their country of birth. Link to comment
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