Cross Chargeability

[gb77]

Hello,

This is for my friend,

he and his wife both are Indians but his wife born in UAE.He is planning to come to US
on H1B and his wife would be on H4 (not planning to work). Can he take advantage of the "Cross Chargeability" provision and both of them be charged to the UAE ? Or does she has to be primary applicant  in GC process.

Thank you in advance,

Syed

[pontevecchio]

Yes if she has the BC to prove it. She does not need to be the primary or even work.