Quote:
Originally Posted by Sakthisagar
Whoever changed the spillover have the answer for this idocy an eb2 comes to US on 2010 gets his GC but EB-3 guy came to US on Aug 2002 still waiting, what a great immigration system the country who treates everyone equal.
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This is actually a mis-conception, Iam quoting one of my older posts for reference. Pre - 2007 basically low hanging fruits were approved category did not make much of a difference as numbers were wasted.
To put it down very simply there are 2 rules a) 7% Country rule b) Category Rule. Prior to 2007 the 7% rule was being applied first so the order would be EB1 - EB2 ROW - EB3 ROW - EB2 I/C - EB3 I/C After 2007 re-interpretation the category rule became higher EB1 - EB2 ROW - EB2 I/C - EB3 ROW - EB3 I/C. If you see the trend in both cases EB3 - I is in the least beneficial position, prior to Jul 2007 labor and 140 were challenges so anyone who would each 485 stage would get approved anyway as numbers used to get wasted. Unfortunately EB3 - I is a victim of the systems and processes being streamlined not the spillover change. The reason why Eb2 I/C are getting spillover is because Eb2 ROW is current, this is the single most important condition. Both EB2 I/C and Eb3 ROW will literally take several years if ever to be current, so the spillover rule change did not alter the EB3 - I situation in anyway. With Eb2 moving faster actually it makes porting more effective as in someone porting gets GC right away (Preadjudicated prior to 2007), this is beneficial to EB3 I as porting reduces the inventory by 3-4K every year. If the spillover rule had stated as it was prior to 2007 Eb2 I/C would have been stuck way back and porting would have been meaningless.