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Chargeability of Indian petitioner with Filipino wife

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  • Chargeability of Indian petitioner with Filipino wife

    Hello,

    My nationality is Indian and I'm currently in the USA on a F1 visa (did Masters in Computers Science) and my employer is filing H1 on my behalf in the month of April 2014. I'm married to a Filipino woman and she is currently in F2 visa status. They would also petition for a green card for me in December 2014 regardless of the H1B approval (my OPT is valid until September 2015).

    Looking at the visa bulletin for employment-based visa petition, the priority date for EB-2 applications from India is 15 November 2004 whereas the priority date for Filipinos is current.

    Since, I am the one working and I'll be the primary applicant, will USCIS use priority date of Philippines for my green card application?

    This is what I am referring to (from section 202(b) of the Immigration and the Nationality Act) :

    (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year.


    Would anyone know if it works that way?

    Thank you in advance.

  • #2
    Try..

    You can apply for I485, Last step in getting GC under CC (Cross Chargeability). Your wife is born in NON visa retrogessed country, you can get GC faster.. All the best..

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