Using INA section 202 (b) with EB-2

A

aajoshi

Registered Users (C)
If the Prinicpal applicant for an employer sponsored visa (EB-2) is born in one of the high demand countries (India or China) but the spouse is born in one of the low demand countries (A South Pacific nation) which is Current as of now (and is not heavily backlogged), could the Green Card (Consular Processing) be issued under the spouse's country of chargeability.

I know this works in the Lottery visas, but I am not sure what steps one has to take at the time of filing I-140 or its approval to use the section 202(b).

Any experiences would be greatly appreciated.

Thanks.
 
You can use spouse's country of birth often called as cross chargeability in order to have I-485 approved in case where employment classification, here in case EB2 and spouse's country of birth if it is current, look at current visa bulletin at dos website
 
Thanks.

I am wondering about Consular Processing, so there is no I-485 involved. Would the NVC automatically send the files to the consulate stated in I140 since spouse's country of birth is Current for that EB-2 or there is a procedure to request NVC to do it?
 
If you want to select consular processing instead of Adjustment of status filing, you have to file I-824 Application for action on an approved application or petition, so that USCIS send approved I-140 petition to NVC for consular processing
 
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