Concurrently apply for I485 using Cross Chargeability when husband & wife are on H1b

[azyi31]

Hi all,
I have run into an issue that i did not anticipate and i need your input on this.
Me and my wife are both on H1b and she applied for her GC through her company.
I was born in Dubai, so we wanted to use my country of birth as cross chargeability to apply for i485 concurrently. She was born in India.
Her company lawyer is saying that I(husband) need to also have an I140 approved to follow this route.
Can somebody confirm if this is correct as this is not the impression I had..
I have not yet started my GC process.

Thanks in advance.

[shradha07]

+ 1

Hi all,
I have run into an issue that i did not anticipate and i need your input on this.
Me and my wife are both on H1b and she applied for her GC through her company.
I was born in Dubai, so we wanted to use my country of birth as cross chargeability to apply for i485 concurrently. She was born in India.
Her company lawyer is saying that I(husband) need to also have an I140 approved to follow this route.
Can somebody confirm if this is correct as this is not the impression I had..
I have not yet started my GC process.

Thanks in advance.

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Hi,

I am in a similar situation and would love to know how your lawyers finally handled your case. Would be immensely helpful. Thanks,

[inadmissible]

You are correct about how cross-chargeability works: they will allow both of you to adjust status on the schedule most beneficial to either one of you

You may be wrong about how chargeability works: you are likely chargeable to India not the United Arab Emirates

[newacct]

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Hi,

I am in a similar situation and would love to know how your lawyers finally handled your case. Would be immensely helpful. Thanks,

This is an old thread. You should start a new thread with details of your situation, because it is impossible to tell how "similar" your case is. But in general, a derivative spouse's chargeability can be used for the principal beneficiary. The person whose chargeability is to be used doesn't have to have their own petition.