Getting GC based on spouse place of birth

[uhsaj]

Currently I am on H1 and my wife is in H4. I born in India but my spouse born in a different country for that GC priority date is current in EB2. One of the employer is agreed to apply the GC for me If I transfer my H1 to him. My question is Incase If labor gets cleared and after that should employer able to file both I-140 and 485 together as my wife born country having priority date is current?. Some of my friends said, this will happen as my wife name will be included while submitting I-140. Please clarify on this.

[JoeF]

If you are married when the I-485s are filed, then cross-chargeability applies and you can use the country of birth of your spouse. That's all there is to it.

Advise the lawyer that your want to use cross-chargeability.

[uhsaj]

Thanks JoeF