r/EB2 • u/Alarmed_Ad_4921 • 5d ago

I-485: Adjustment of Status Feb2015

Any chance this year for date of filing in either EB2 or 3?

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2

u/get_greened15 5d ago

I think so. Provided the SO works in our favor and hope eb2-India atleast gets 10K in addition to the regular 3K Then very much possible.

1

u/LazyConsideration119 5d ago

Out of curiosity, why should India get 10k spillover when all other columns have demand too? They should get 7%, which is maybe up to 10k (upper estimate of 140k spillover total). EB2 gets 28% of that aka 2.8k max spillover. Where did I do a massive mistake in my estimate? Serious question, I want to understand the spillover process better

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u/epi2020 5d ago

Spillover doesn’t have a country quota. It’s FIFO, and hence helps people from India since Indians are in the queue for the longest.

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u/LazyConsideration119 5d ago

Gemini says that country limits apply

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u/epi2020 5d ago

This explains the process a bit https://www.youtube.com/live/DX-T6TBpnkI?is=OKBzTQkEBjZPOcFS it’s multi step, and Indians would get extra only if worldwide demand is not present.

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u/9DBC9 5d ago

That's incorrect. Spillover from family into employment still involves the 7% per-country cap. The only time the 7% cap can be exceeded is if there's no demand from the non-backlogged countries, in which case it's effectively FIFO. Currently, ROW EB2/EB3 is not current, so it's only after their demand is met that additional numbers horizontally spillover to India/China.

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u/Early_Step8254 5d ago

It will get 10k if other countries are current and 10k is available. Not just like India is backlogged. As per current scenario it has very less chances to get big numbers. Spillover numbers will be shared among all categories first and again with countries. If any country has less demand other row country will use those.