Cross-chargeability for I-485 already filed

[prasa911]

I am an Indian citizen, and my spouse is Russian (both live in USA). I Filed my EB1B I-140 and I-485 (for both of us) concurrently in Sept 2022 (Priority date: Sept 2022). I-140 (for me) and I-765 (for both of us) were approved a while ago. Since last month, the EB category for India is no longer current. In these circumstances, do I need to contact USCIS and apply for cross-chargeability implementation to my I-485 case, or is the cross-chargeability automatically applied to my case?

[newacct]

I believe they are supposed to check whether cross-chargeability applies. But it is a good idea to explicitly request it in the cover letter because sometimes they don't realize that it applies.

(p.s. Do you mean your spouse was born in Russia? It's country of birth that matters.)

[prasa911]

But we already applied in Sept 2022. Should we send USCIS a new cover letter?