cross chargeability, how does it work?

[TropicalGuy]

Sorry if this has been asked before, I looked through the forum's history and just grew more confused by all the technical jargon.

My wife is on an H1B and her company wants to apply through an EB3 (that is the correct name I think). Issue is, she is from China, which made us ambivalent about the whole thing. A friend told us about cross chargeability and it sounds like a nice solution, given I am from one of the countries with no wait times. I still have a few questions that her company's lawyer is doing a very bad job at answering:

1. I read that I have to apply as a dependant, when does that happen? Right away, during the I-140 petition or during the I-485 petition?
2. Do I have to be in the US? I moved to Canada for a great job opportunity recently and lost my F status in the US. I am not even sure I can apply.
3. How long does the process take from start to finish. I know this can vary dramatically from case to case, but what is an average number?

Again, sorry if this has been asked, I could not find answers I understood. We had already decided to both move to Canada, but now we have this opportunity that becomes attractive if the time is indeed reduced.

Any help at all would be very appreciated

[scientist2016]

Sorry if this has been asked before, I looked through the forum's history and just grew more confused by all the technical jargon.

My wife is on an H1B and her company wants to apply through an EB3 (that is the correct name I think). Issue is, she is from China, which made us ambivalent about the whole thing. A friend told us about cross chargeability and it sounds like a nice solution, given I am from one of the countries with no wait times. I still have a few questions that her company's lawyer is doing a very bad job at answering:

1. I read that I have to apply as a dependant, when does that happen? Right away, during the I-140 petition or during the I-485 petition?
2. Do I have to be in the US? I moved to Canada for a great job opportunity recently and lost my F status in the US. I am not even sure I can apply.
3. How long does the process take from start to finish. I know this can vary dramatically from case to case, but what is an average number?

Again, sorry if this has been asked, I could not find answers I understood. We had already decided to both move to Canada, but now we have this opportunity that becomes attractive if the time is indeed reduced.

Any help at all would be very appreciated

1. When you file I485. Since, your country has no wait time, you guys can file I140 and I485 concurrently.
2. I485 is for adjustment of status viz., you need to have a status to be able to adjust. Plainly put, you have to be in the US to file I485. You can come back in to the US on a H4 visa, given yiour spouse's H1.
3. Varies, depending on how busy your local field office is. I140 filed in premium gives you a decision in 15 days. Adjudication of I485 can take 6 months to 1 yr. Ofcourse once your I485 is filed you can stay in the US as long as it takes for the I485 to be adjudicated. You can apply for EAD and AP for free with your I485, thus giving you the ability to travel outside the US and work within the US, once you receive those cards.

Bear in mind that since it is a EB3 petition, there needs to be some pre-work done prior to the filing of I140. This labor certification process, often called PERM, may take 6 months to an year. I140 cannot be filed without completing this step.