H1B (Indonesian) marrying EAD/I765 (Indian) holder


utopian

Recommended Posts

Hi,

 

Really appreciate if anyone can provide some direction on this: 

I have an approved I765 (EAD). In fact, it has been approved since 2007 (yes, during that short window) and is being renewed every 2 years (every 1 year for the first couple of years). My priority date is March 2006 (EB3 - Indian). My fiance is an Indonesian citizen and is on an H1B.

The question is simple - if we were to get married, could she benefit in any way? FYI - her company is intending to continue her H1B and is about to initiate the perm process. 

Really appreciate any direction/advice!

Thank you. 

Link to comment

If your fiance is a born in Indonesia (USCIS uses country of birth not citizenship for quota determination), then definitely you would be able to use cross chargebility and benefit from getting married to her.

 

this only works if his fiance's company initiates PERM. Correct?

Not because he is married(future) to someone from ROW ?

Link to comment
Thanks a lot for the the prompt response shandan! I guess there are a couple of obvious follow up questions here:

 

My EAD is an employment based EAD. I've been renewing my EAD for the last 4 years. 

 

Her company is filing under EB2. Since she is an Indonesian citizen (born and otherwise), her priority date (ROW category) is going to be current. 

 

Q1) I'm guessing if we're married before we file for her I-485, I can be included in her application - please confirm. 

 

Q2) In case she wants to quit (or gets laid off) and not work for a few months, can she do us so the spouse of an EAD holder? To be able to return to work, does she have to get an H1B or can she apply for an EAD as my wife? 

 

Again, really appreciate any direction/help. I'm trying to meet a lawyer soon, but if I can get some direction in the meantime, this will be a lot less stressful. 

 

Thank you so much!

Link to comment

The Crosschargebility is not based on Employment, so even if her company does not file for her in EB2, you can still use cross-chargeability since you are married to her.

 

Again EAD is not a status so it does not have any dependent status for her, so best case scenario for you is to get married file and update your case using cross-chargebility, and at the same time have her file her I-485 as your derivative, so that she can get her own EAD/GC.

 

And as always the best place to get information is the lawyer so do get a consultation.

Link to comment
  • 2 weeks later...

The Crosschargebility is not based on Employment, so even if her company does not file for her in EB2, you can still use cross-chargeability since you are married to her.

 

Again EAD is not a status so it does not have any dependent status for her, so best case scenario for you is to get married file and update your case using cross-chargebility, and at the same time have her file her I-485 as your derivative, so that she can get her own EAD/GC.

 

And as always the best place to get information is the lawyer so do get a consultation.

 

it appears the Cross Charge-ability only works if the principal applicant had visa data retrogressed?

Link to comment

Archived

This topic is now archived and is closed to further replies.