Hi Gurus,
I know this is probably going to be contentious issue. But, I am trying to get a good reading of how spill over works. Per visa bulletin
So for EB3, the text says "any number not required by first and second preferences". I take it to mean that EB3 and EB3 should simulataneously consume numbers not used from EB1. My reading is based on lack of languge in EB2 and EB2 about the numbers not required by fourth and fifth preference, however, these number trickle down, and is not lost if EB1 does not need them. But for EB3, there is explicit wording about EB1 as well as EB2. If EB3 were to get numbers only after EB2 has consumed them, why is the EB3 line not just "plus any number not required by second preference"?
I would appreciate your thoughts on your matter, unfortunately on the "other site", any discussion on this topic ends up with accusation of jealousy, dementia and what not.
I know this is probably going to be contentious issue. But, I am trying to get a good reading of how spill over works. Per visa bulletin
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference
level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
So for EB3, the text says "any number not required by first and second preferences". I take it to mean that EB3 and EB3 should simulataneously consume numbers not used from EB1. My reading is based on lack of languge in EB2 and EB2 about the numbers not required by fourth and fifth preference, however, these number trickle down, and is not lost if EB1 does not need them. But for EB3, there is explicit wording about EB1 as well as EB2. If EB3 were to get numbers only after EB2 has consumed them, why is the EB3 line not just "plus any number not required by second preference"?
I would appreciate your thoughts on your matter, unfortunately on the "other site", any discussion on this topic ends up with accusation of jealousy, dementia and what not.