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


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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.



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


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.

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