no, read below

However, there is a “cross-chargeability” exception that allows the visa number for a principal applicant to be charged to the country of birth of the accompanying spouse if the visa number for the same category of the spouse’s country of birth is available or in shorter line. In addition, alien children may be charged to the foreign country of either parent when accompanying or following to join their parent(s). Please note, however, the children’s place of birth will not offer benefit to their parents with respect to the cross-chargeability rule.

For example, Dr. Chen is a Post-doc born in China and his wife was born in China too. Dr. Chen wants to file his I-140 petition under the EB-2 NIW category. Can Dr. Chen file his I-140 & I485 concurrently? Now, as of May 4, 2007, the “cut-off date” of May 2007 for EB-2 (NIW) immigration category for petitioners born in China is April 22, 2005. There is no current visa number for EB-2 China-born applicants. Therefore, Dr. Chen cannot concurrently file I-140 & I-485 petitions. He can only file his I-140 for the time being. If Dr. Chen filed his I-140 petition on April 1, 2005, he and his wife can file I-485 petitions now as visa numbers for them are available.

However, if Dr. Chen’s wife was born in Korea, he can use the visa number of Korea. As for the time being (May 4, 2007), visa numbers are available (cut-off date is “Current” in the visa bulletin) for EB-2 applicants born in Korea, Dr. Chen and his wife may file I-485s concurrently with Dr. Chen’s NIW I-140 petition since Dr. Chen’s visa number can be charged to Korea’s visa numbers.

In addition, if Dr. Chen and his wife were both born in China but their son was born in Korea, Mr. Chen cannot use the available visa numbers of Korea since the Children’s place of birth does not benefit their parents with respect to the cross-chargeability. Then, he and his wife cannot file I-485s concurrently with Dr. Chen’s NIW I-140 petition.


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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past thirteen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang ([e-mail]) for a free evaluation.

Zhang & Associates, PC.

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(05/08/2007)


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• 回複：But I would rather believe in the govenment official words. -Indy111- ♂ (0 bytes) () 03/05/2010 postreply 08:54:10

• 回複：回複：But I would rather believe in the govenment official words -863211- ♂ (343 bytes) () 03/05/2010 postreply 10:24:51

• 回複：回複：回複：But I would rather believe in the govenment official wo -indy111- ♂ (13 bytes) () 03/05/2010 postreply 14:05:42