July VB is out. It didn't move in EB2 India/China. May be it will move sharply in coming months in order to use all visaa. EB3 India/ROW is unavailable. VB has clarified how spillover Visa used.
http://travel.state.gov/visa/frvi/bu...etin_4252.html
EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from “All Other Countries” would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become “unavailable” beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year.
My prediction:
It looks like EB 1 Category has some surplus visas. As EB1 India and EB 1 China is also current, all the surplus visa will fall to the EB2 Catogory (per AC21 law). How much surplus visa? we don't know. But guess, out of total 40K visa in EB1, 12,000 are till not used at the end of third quarter (end of June 08) and there are less than 2000 approvable cases in EB1. They will transfer 10,000 visas to EB2 category in order to not waste visa at the end of FY. This 10K visa fall from EB1 will not have any per-country limit. Strictly this visas will go on Priority dates. Unused visa from EB ROW will also go to EB2 India and China (per testimony of State department official in Congress). As only EB2 India and EB2 China are retrogressed in EB 2 category, all the 10K visa will go to Eb2 India/China. Based on this fact, I guess, EB 2 India will have at least Oct to Dec 2005 date in July and Eb2 China will be Current.
Unfortunately EB3 India will not move much in July as they will not have fall over from EB 2 category.