scorpio_neo Posted November 11, 2011 Report Share Posted November 11, 2011 I am an employee of a big software consulting firm based in Austin, TX. I am currently working under an H1B visa set to expire in Sep 2013. I am an Indian citizen married to my wife, who is a Mexican citizen,(born and raised in Mexico). We have been married for 5 months. My employer will be initiating my Green Card Processing under EB2 shortly. I will be the primary applicant and my wife is the dependent. As of Nov 11, the priority date for India under EB2 is Nov 07, and that for Mexico under EB2 is current. I want to understand if cross - chargeability will apply in my case and if I/We can use her priority date (file our I140/ I485 concurrently)? And consequently get our green card in about a year's time than wait for 5-6 years? Appreciate all the help Link to comment
scorpio_neo Posted November 15, 2011 Author Report Share Posted November 15, 2011 Folks - I would really appreciate some expert advice , if any one of you know more information... Link to comment
calculus Posted November 15, 2011 Report Share Posted November 15, 2011 Yes, you will qualify for cross - chargeability as your wife was born in Mexico. I know this as I was in the same situation as you ;-) Link to comment
Belle Posted November 16, 2011 Report Share Posted November 16, 2011 She does not have a PD, so you can't use her PD, just the country. You use your petition in EB2 category with your PD, and you apply to be cross-charged to Mexico (or, your visas to be counted against Mexico's quota). You may apply concurrently. Link to comment
scorpio_neo Posted November 16, 2011 Author Report Share Posted November 16, 2011 Calculus - Thank you. Belle - Thanks for your response, Question for you - When do I apply to be cross charged? Once the Labor is approved? And is it after I apply for cross charge that I file for I140& I485 concurrently? Link to comment
Belle Posted November 17, 2011 Report Share Posted November 17, 2011 You request cross chargeability (there is no application for it) when you file I-485. I don't think the country of chargeability has play in I-140 filing. Link to comment
scorpio_neo Posted November 18, 2011 Author Report Share Posted November 18, 2011 Belle - I am sorry if I dont understand here, I thought I dont have to file my I140 first, wait for it to be current under my priority date (which will take 3-4 years) and then file for my I485 which is when my wife will come into the application... Link to comment
calculus Posted November 18, 2011 Report Share Posted November 18, 2011 You can apply for I-140 and I-485 at the same time (concurrent filing) since visa numbers are available under EB2 quota for Mexico. In your I-485 application, you have to indicate that you are requesting cross - chargeability, so that your I-485 application will be accepted. Note that you don't have to apply for them simultaneously. You can first apply for I-140, get it approved and then apply for I-485 with that I-140 approval. The cross - chargeability clause comes into play only during the I-485 application stage. Link to comment
Belle Posted November 18, 2011 Report Share Posted November 18, 2011 Since you will be applying in EB2 Mexico, and the dates are current, you may file I-485 with I-140 or at any time I-140 is pending or approved. Link to comment
scorpio_neo Posted November 21, 2011 Author Report Share Posted November 21, 2011 Thank you again Calculus & Belle. Link to comment
vsumair Posted June 28, 2013 Report Share Posted June 28, 2013 Hi Guys, i am in the same boat as you people, the question i was having is my wife is mexican, and if my employer is applying for my green card on EB2, requesting cross - chargeability, so that my GC process goes in current, does my wife need to be on dependent visa (H4), or if she has TN, does that make any difference? Link to comment
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