Employment based cases are amenable to visa cross-chargeability provisions for principal applicants (that may have a visa retrogressed priority date), who have spouses from a country for which a visa cut-off date may provide a visa allocation. For more information on cross-chargeability.

In simple terms it means if your spouse is born where the visa is available, you can use the visa available number on your petition.  For example, Raj is from India and the visa bulletin is not current under EB2 category.  Raj’s wife is born in Fiji, although the EB2 was filed for Raj, Raj is able to file for an adjustment of status or a consular processing based on the Fiji Visa Bulletin priority date.   For more information on this feel free to contact us at 510 742 5887.

Read More>>  spouse chargeability


Written by admin

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).