Applicant (India) but spouse is from different country without cut-off, etc.. what to do next?

[pdxmama]

Forum friends,

My 485 application (EB2, India, priority date Jan 2009) will probably get delayed due to retrogression coming in May/June. However my spouse is from a different country without this cut-off date issues. So far I have gotten receipts for my 485 application.

How can I ask USCIS to use my spouse's country of birth instead of mine to get a visa number. What is the procedure. Any help is much appreciated.

thanks

pdxmama

[murphyd]

That's called cross-charge-ability. Search for it and you might receive relevant info.

[SameerH1Bworker]

For that your spouse should be primary applicant, not dependent.

[JoeF]

For that your spouse should be primary applicant, not dependent.

No, that's not true.

Cross-chargeability allows ro use the country of birth of the spouse. This usually implies that the spouse is the dependent.

[Belle]

For that your spouse should be primary applicant, not dependent.

Then, it would not be cross-chargeability, would it?

Call the 1-800 number and ask the USCIS to use cross chargeability for your case. Create a service request.

[habeebulla]

Following is the description of "Cross-Chargeability" by USCIS.

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.