"""Gagar,
what you say seams right (though avery bad news for Indians in all category, more so EB-1 and EB-2). """"
Well, I am sorry to be the bearer of bad news :-(
"""Yet, is there a definite law, clause etc. that might answer this question. If not then what you say is probably the...
""What about the 28.6% limit to various categories? Can that be breached?"""
Yes, it happens all the time. EB-1 and EB-2 routinely get less than 28.6%, because of limited demand. This results in much larger number of EB-3 visas than the 28.6% limit.
Akela,
I am intrigued by your question, so I tried doing some analysis:
This is what one can see from the law:
1. It does say that unused EB-1 go to EB-2, unused EB-2 go to EB-3.
2. The 7% per country limit applies to EB (and family based) category on the whole, and not for...
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