Will EB3-I benefit if EB2-I Passes July 2007

[ajaysri]

I have a question. I am thinking there will not be many EB2-India who would have filed I-485 after 2007 July. If the cut-off date for EB2-India goes past 2007 July, not many applications will be there ready for approval for EB2-India. In that scenario can EB3-India benefit from any unused visa numbers. Will there be a pass through of visa numbers to EB3-India?

[thomachan72]

I have a question. I am thinking there will not be many EB2-India who would have filed I-485 after 2007 July. If the cut-off date for EB2-India goes past 2007 July, not many applications will be there ready for approval for EB2-India. In that scenario can EB3-India benefit from any unused visa numbers. Will there be a pass through of visa numbers to EB3-India?
If the cutoff dates pass July 07 there will still be some who have applied during late 07 and early 08. later 08 onwards the #s should be significantly low. Now the biggest hurdle as you said is the July 07. Within a year or two spill over should happen into the EB3 also. Thats my strong guess.

[EBX-Man]

I have a question. I am thinking there will not be many EB2-India who would have filed I-485 after 2007 July. If the cut-off date for EB2-India goes past 2007 July, not many applications will be there ready for approval for EB2-India. In that scenario can EB3-India benefit from any unused visa numbers. Will there be a pass through of visa numbers to EB3-India?

Nope even if EB2 I becomes current EBI will NOT GET ANY benefit of spillover visa

[imh1b]

Nope even if EB2 I becomes current EBI will NOT GET ANY benefit of spillover visa

Where is written on any official website?

You are spreading false info

[EBX-Man]

Where is written on any official website?

You are spreading false info

That is my opinion not a rumor and yes it is very factual just like the prediction threads here. If you can prove with hard numbers to the contrary... If you can

[jindhal]

Where is written on any official website?

You are spreading false info

The spill over is designed to be horizontal first and then vertical.
i.e. if there are any spillover visa numbers from EB1 they will first be applied to EB2. None of the spillovers migrate over to EB3 until all of EB2 is current. Once entire EB2 (including india and china) is current then the numbers spill over to EB3. As long as any EB2 category is retrogressed there will not be any spill over to EB3. The true count of the outstanding applications past July 2007 can only be guesstimated at this point from the number of labor certifications that were approved after that time.

[EBX-Man]

The spill over is designed to be horizontal first and then vertical.
i.e. if there are any spillover visa numbers from EB1 they will first be applied to EB2. None of the spillovers migrate over to EB3 until all of EB2 is current. Once entire EB2 (including india and china) is current then the numbers spill over to EB3. As long as any EB2 category is retrogressed there will not be any spill over to EB3. The true count of the outstanding applications past July 2007 can only be guesstimated at this point from the number of labor certifications that were approved after that time.

Count of labor certifications after july 2007 is 80,000. So kisss spillover to EB3 I goodbye

[jindhal]

Count of labor certifications after july 2007 is 80,000. So kisss spillover to EB3 I goodbye

For EB2 ?

[ncrtpMay2004]

I have couple of question -

What will happen in this condition?

Before the end of Calendar Year 2011 - let’s say in per Aug'11 bulletin the PD for EB2 is 30-Sept-2007. This will give help EB2 folks with PD to file for 485 in Aug and Sept this year.

If USCIS does not adjudicate these applications before Sept 30th will there be wastage of the numbers or will these be used for EB3 (ROW or India or otherwise) pre-adjudicated applications.

How can I find the LC counts, can someone confirm the number EBX-Man is saying? If it is only 80K (across all categories), That is wonderful news.

[EBX-Man]

For EB2 ?

Yes for EB2 and i am being optimistic with that number when i say 80 k. Plus let us not forget EB ROW which is a hugh number by itself.

[EBX-Man]

I have couple of question -

What will happen in this condition?

Before the end of Calendar Year 2011 - let’s say in per Aug'11 bulletin the PD for EB2 is 30-Sept-2007. This will give help EB2 folks with PD to file for 485 in Aug and Sept this year.

If USCIS does not adjudicate these applications before Sept 30th will there be wastage of the numbers or will these be used for EB3 (ROW or India or otherwise) pre-adjudicated applications.

How can I find the LC counts, can someone confirm the number EBX-Man is saying? If it is only 80K (across all categories), That is wonderful news.

What you need to remember is that no one knows the count of apps who have not submitted 485. Some one senior her ementioned 80 k so i state the same. It could be 50 k also. It def will not be 5 or 10 k . Plus add dependents to teh intial number count. Any way you slice it the number is hugh and the we have EB2 China and after that we have EB3 ROW.

If CIS accepts new EB2 apps with PD after 2007 but uses the left spillover visa and gives it to EB3 then there wil be some relief, but if CIS accepts new EB2 apps with PD after 2007 but does not gives teh remianing sopillover to EB3 then visas might be wasted

And dont forget EB3 ROW who are waiting for the spillover visas. they have preference over EB3 I for the spillover visas so even if spillover occurs it will not reach EB3 I.

Plus do not forget about the future years where we might not get spillover because ther is no gaurentee that there will be spillover every year.