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Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...

Here are the details for last year and years before:

(Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))

Employment Visas 2009

Total Employment Visas for FY2009 = 141,020

Theoretical values without spillover

EB1 28.6% = 40,332
EB2 28.6% = 40,332
EB3 28.6% = 40,332
EB4 7.1% = 10,012
EB5 7.1% = 10,012

Actual values with spillover

EB1 40,978 = 29.1% received c.650 spillup visa used
EB2 46,034 = 32.6% received c.5,700 spillover visas used
EB3 39,791 = 28.2% received c.550 less visas than quota
EB4 9,999 = 7.1% Zero spillup visas to give
EB5 4,218 = 3.0% c. 5,800 spillup visas to give

What is noteworthy is the fact that spillup/spillover visas were only available from EB5.

In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.

This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.

I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.

I'm not sure why FY2010 would be much different, at least for EB1 spillover.

Additional notes from subsequent posts:


There was significant spillover in FY2007 because (based on 154,497 total EB visas) :

EB1 only used 26,806 out of a possible 44,186 available visas.
EB4 only used 4,794 out of a possible 10,969 available visas.
EB5 only used 793 out of a possible 10,969 available visas.

That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.

There was significant spillover in FY2008 because (based on 162,949 total EB visas) :

EB1 only used 36,590 out of a possible 46,603 available visas.
EB4 only used 7,648 out of a possible 11,569 available visas.
EB5 only used 1,443 out of a possible 11,569 available visas.

That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.

The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)

EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)

That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.

This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"

Hope this was the info you were asking for.

Easy decision: JUST COME GUYS!!!!

Folks!
Keep sending letters at least we should reach 500.

Here's a classic example ..

If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.

I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.

Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.

It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.

From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
senthil1 makes more sense then this!

With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

You are correct. In fact, without some legislation or a bill for recapture getting passed, large movement in dates in not possible.

If you are lazy enough to contact your representative and Obama, you should not complain for not getting your voice heard. Each and every email matter. Also contact Rep. Sheila Jackson-Lee [D, TX-18] on her website. contact all. It wont take 5 minutes.


Dear (Congressman/woman, Pres. Obama):

Recently an immigration bill was presented in the congress. The HR 264 is embarrassing for legal immigrants.

1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.

2) HR 264 says "continuous presence of 5 years". Of course illegal immigrants can't leave the country and they will fulfill this requirement, but legal immigrants can leave country so might have left country for even 3 or 4 months in last 5-6 years to visit home country or any other reason including business. Although brief discontinuity is said to be okay but what if some legal immigrant leave country to be his/her parents for 2 months in last 5 years? So, this continuous presence rule is tailor cut to include illegal immigrants and exclude legal immigrants.

Is this what law abiding get when they follow rules? I request you to make sure that legal immigrants are ahead of illegals in every way. An illegal should not be awarded for being in US for 5 years while a legal, law abiding, tax paying legal immigrant is offered nothing for being in US for 3 or 4 years.

Kind regards
(Your name)

https://writerep.house.gov/htbin/wrep_save

http://www.whitehouse.gov/contact/


Now click on the links above and copy paste this stuff there. IT IS IMPORTANT....

Second step is requesting members to send electronic signature. Basically they have to scan thier signature and send JPG file.

Will there be any privacy issues?


VIN13 Posted Draft already in this thread for Comments. :)

May be we should do some thing dramatic. Like sending letter to Canadian Government, here we are 1000 skilled people with extensive experience and International degrees. Collectively we going to bring in $1 million or more. Can you expedite our Permanent residency!!

All US senators know that EB immigrants are going through Hell hole of USCIS. They are unable to do anything about it.

This is the power of Immigration Voice. Not everyone has the knowledge of all these situations, so we need to gain knowledge from the past experience of others.

I am sure thread's like this will help a lot of people who have plans to join few Full Time Employees who promise but cannot keep it up.

Please continue to share...

Here's a classic example ..

If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.

I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.

Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.

---
Hi,

Thanks for your feedback:
"I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."

Your comment doesn't make sense to me. Please explain.

I still believe this bill may help reshape current mad behavior of H1B application.


And how does "reshaping current mad behavior of H1B application" help fix green card backlog. Circulating debate around H-1b is the favorite trick of large IT companies. It is also the favorite trick of anti-green card reform groups like IEEE.

IT IS ABUSED. Actually, this gives rep another excuse to anti-h1b-cap increasing. For whatever reason, ICC should be curbed.

Just because the quota got over the first day it implies that the system is abused, right? Let me tell who is abused. People waiting for green card are abused. Not fixing green card delays and deliberately keeping the debate around H-1b is an abuse.

Hello All,
Very interesting thread. instead of focusing on our mission of this forum we are focussing on all the ways to destroy it. Good work guys, keep it up!

No change for EB2-I.

VISA AVAILABILITY IN THE COMING MONTHS

During the past year, many preference categories have experienced steady and sometimes rapid cut-off date movement. Such action is normally followed by an increase in applicant demand. Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY in order to hold visa use within the applicable annual numerical limits. Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October.


http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html

Link is here: http://immigration-information.com/forums/showthread.php?t=4285&page=26

Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.

He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.

So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________

there is no concept of employee transfer after 140 approval. once u get 140 approved u can get 3 year incremental h1 extension due to retrogression- portability is also allowed during these 3 years - so u can join any employer. (h1 transfer) also note that if ur current employer does not revoke the 140 u can retain the PD and use it for a new gc application with a new employer, else u must start the LC-140 etc process once again.

Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)

When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?

I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?

Pls dont forget! More than US needing U, U need US. They get immigrants via temporary visas all the time to fulfill their needs. So, they dont actually need U to be a permanent resident here. So, walk out if u dont like their policy (which u r wrongly calling Divide and Rule by the way) or abide by it and wait.

Really? If all 500K of us waiting in line were to resign the same day and walk out of the country, the U.S. would be reeling from our loss.

It's people like you that perpetuate this "Yes sahib" mentality. How did these Americans become successful? They walked into the North American continent, hacked down all the natives and acted as if they owned the place. While I would hope that we are beyond the barbarous hacking and killing phase, we too should walk into this land and act like we own it. Folks like you that bow their heads down to their American masters and accept every knock that falls upon it with a smile on their face are the exact kind of meek individuals that the Americans are looking for - one who will not question any law as unjust and jump to it.

If the Africans had just continued to abide by slavery, they would never have gotten their freedom, just because, "it's the American policy."

Learn to stand up for yourself and question authority or remain subjugated under tyranny for the rest of your life - the choice is yours, Mr. Venkatappa.

grinch you can use a shader glow material with the material on the object.. let me try to find a tutorial for something for ya.

Hrmm icic. If you could find a tut, I'd be extremely appreciative.

Guys..

I have been watching and participating in this drama for a long time....

We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.

This will benefit all EB 2 / EB 3

We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...

If your are with me please respond to this thread

We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand

Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover

There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?

Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,

Can IV as a non profit organization contribute to the campaigns of candidates running against senators like Grassley? If so IV should do it. We should defeat Senators like Grassley who do not care to understand the issues but just stick to dumb talking points. These senators just talk of foreign workers and how to stop them - not once do they initiate any bill that will actually make the US more competitive by investing in education (math and science specifically).

We will actually be doing a service to the American citizens by taking out dinosaurs like Grassley!! and also prevent frivolous bills that target high skilled immigrants!!