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.
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