Can Cross Chargeability be used when spouse is on F1 visa?

Asked over 1 year ago - Cicero, IL

My husband's Green Card process under EB2 category has been started.I am on F1 visa.My country of birth is Nigeria and his is India.Can my husband add me on his employment based petition when I am on F1 visa [ Non-Immigrant].?Do I have to be on H4 dependent visa[dual intent] only to be added on the petition?Can he use Cross Chargeability when I am on a non immigrant [F1] visa?

Attorney answers (4)

  1. Karen-Lee Pollak

    Contributor Level 19

    2

    Lawyers agree

    Answered . he can add you on F1 status

  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . For cross chargeabilty purposes what nonimmigrant category you happen to be at the time does not matter at all.

    Your husband can add you on his I-40 petition while you are on F-1 status. It is perfectly OK.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Alena Shautsova

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Yes.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  4. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No, you don't have to be on H-4 to be listed on the forms.

    But, you are wise to be concerned about immigrant intent .. .I recommend that you don't travel out of the US until the process is complete.

    I'm not sure what type of cross-changeability you're thinking about.

    Talk to the company's immigration lawyer, not a non-attorney in HR.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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