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?
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.
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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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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