EB3:Is it true that spillover already happened ?

[GCdreamer2006]

Someone posted that potential EB1 RoW+ EB2 RoW unused visas, if any, were already reallocated to EB3 RoW and that was already made available in the September 2006 Visa Bulletin.

Is that true ? Anyone is familiar on how that rule works ?
I thought that the spillover from EB1 RoW + EB2 RoW would be 'visible' on the October 2006 Visa Bulletin.

 

[ufo2002]

I am not 100% sure but I would go with the line of thought that by final month of the fiscal year, any unused WOULD go to the lower EB categories. Because we already know for sure that any unused visa numbers would not rollover to new fiscal year, ie. wasted.
EB3 World certainly did have a big jump from Oct 01 to Mar 02, and will not be surprising if some numbers from EB1/EB2 were transferred to it.

 

[saras76]

Free will ...

I am not 100% sure but I would go with the line of thought that by final month of the fiscal year, any unused WOULD go to the lower EB categories. Because we already know for sure that any unused visa numbers would not rollover to new fiscal year, ie. wasted.
EB3 World certainly did have a big jump from Oct 01 to Mar 02, and will not be surprising if some numbers from EB1/EB2 were transferred to it.

Guys and Gals,

I do not know much about how visa spill overs work but after reading a lot of posts I have come to the realization that the DOS/USCIS can manipulate the spill over according to their needs. Although there are laws in place to enforce correct use of spill over, the DOS/USCIS have not always followed them. I may be wrong on this but that is what I understand.

If my understanding is correct then they are capable of taking extra visas from any category and using them for others. Who is to say what they will think of next ?

regards,

saras

 

[perm_lc]

Guys and Gals,

I do not know much about how visa spill overs work but after reading a lot of posts I have come to the realization that the DOS/USCIS can manipulate the spill over according to their needs. Although there are laws in place to enforce correct use of spill over, the DOS/USCIS have not always followed them. I may be wrong on this but that is what I understand.

If my understanding is correct then they are capable of taking extra visas from any category and using them for others. Who is to say what they will think of next ?

regards,

saras

Right! DOS has monopoly power in allocating visa numbers accross the catagories. First of all, it is not allocating the visas monthly basis, and it is not allocating unused visas to oversubscribed countries at the end of each quarter, in each EB catagories, as per AC21 law. One has to wait and see till they release actual statistics after oct 2007. If it shows less than 40,000 visas in EB1 and EB2 catagory, then we can very well conclude that unused EB1 and EB2 visas gone to EB3 catagory, rather than oversubscribed countries in each preference catagories. It is not the EB preference, it is the DOS preference.

 

[GCdreamer2006]

I am not sure if it is all that simple. If they report misallocation on their statistics, as United Nations mentioned earlier, one could file a lawsuit against then.

Right! DOS has monopoly power in allocating visa numbers accross the catagories. First of all, it is not allocating the visas monthly basis, and it is not allocating unused visas to oversubscribed countries at the end of each quarter, in each EB catagories, as per AC21 law. One has to wait and see till they release actual statistics after oct 2007. If it shows less than 40,000 visas in EB1 and EB2 catagory, then we can very well conclude that unused EB1 and EB2 visas gone to EB3 catagory, rather than oversubscribed countries in each preference catagories. It is not the EB preference, it is the DOS preference.

 

[saras76]

True ..

I am not sure if it is all that simple. If they report misallocation on their statistics, as United Nations mentioned earlier, one could file a lawsuit against then.

GCdreamer2006,

You are right in that the DOS runs the risk of legal trouble but this does not neccesarily prevent them from doing as they please. There are always loop holes in every legal issue. Also, when everything was current between 2000-2005, no one really cared for the stats as much and I believe spill over was implemented in all sorts of ways. The stats that will be released in Jan 07 for fiscal year '06 will come under intense scrutiny. Lets wait and see what those stats are ..

regards,

saras

 

[perm_lc]

Their practice and pattern of cutoff date movements force us to conclude that the spill over to EB3 already happened. See, EB1 become current all over the countries, EB2-ROW is current, EB2 China is almost current. EB2 india unavailable. However EB3 ROW has jumped by good number. This clearly indicates they are issuing more numbers to EB3 ROW, from EB1 and EB2.

 

[saras76]

Agreed ..

Their practice and pattern of cutoff date movements force us to conclude that the spill over to EB3 already happened. See, EB1 become current all over the countries, EB2-ROW is current, EB2 China is almost current. EB2 india unavailable. However EB3 ROW has jumped by good number. This clearly indicates they are issuing more numbers to EB3 ROW, from EB1 and EB2.

perm_lc,

The past bulletin does support the notion that the DOS may have skipped EB2 and given all spill over from EB1 and non India China EB2s to EB3 ROW. If they have indeed done this then they are capable of doing anything in the future.

regards,

saras