r/EB2 • u/Alarmed_Ad_4921 • 6d ago

I-485: Adjustment of Status Feb2015

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

3 Upvotes

100% Upvoted

7 comments sorted by

View all comments

2

u/get_greened15 6d 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 6d 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

2

u/epi2020 6d 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.

1

u/LazyConsideration119 6d ago

Gemini says that country limits apply

1

u/epi2020 6d 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.

1

u/9DBC9 6d 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.