Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
I understand how the current system prevents people of one nationality obtaining all the visas but I am not sure how it prevents any one group or sector monopolizing. Care to clarify?
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
I understand how the current system prevents people of one nationality obtaining all the visas but I am not sure how it prevents any one group or sector monopolizing. Care to clarify?
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Can you post the link to the automatic revalidation law link?
I want to take the print
Here is the Law
http://travel.state.gov/visa/laws/te...ams_1441.html#
I want to take the print
Here is the Law
http://travel.state.gov/visa/laws/te...ams_1441.html#
This is racial profiling no doubt, but for good reason after what happened on 9/11. This is an unfortunate aftermath of 9/11 and IMHO a welcome one. If it wasnt for this kind of security we would have had many more 9/11ish incidents. I am glad this is a "part of life" now, otherwise I am not have a life. When you ask "When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?", that is a big problem with the state of security in India. Not just US diplomat or US socialite even our own Indian ministers and celebrities dont get frisked or detained. You feel that is right when you hear about so many scandals of the underworld-bollywood nexus or politician-mafia nexus ? Forget about the nexus, its not right even if there was no connection with mafia. Rules should apply the same to everyone.
The balls you need to grow should be to ask politicians and celebrities to go through security like everyone else back home in India.
May be this is not the forum , but as I saw this I was unable to stop my self from writing here...
With respect to every one, SRK is no comparision to Dr. Abdul Kalam
When I think of Dr. Abdul Kalam , all that comes to my mind is the unselfish life that he has dedicated to India. We all know , he is Great Scientist, Great Intellectual, Social Worker and a Great Indian. He is unmarried and still serving society after ex Presidency India..
I would not be worried of what happend to SRK..SRK is no comparision, rest is typical politics.
The balls you need to grow should be to ask politicians and celebrities to go through security like everyone else back home in India.
May be this is not the forum , but as I saw this I was unable to stop my self from writing here...
With respect to every one, SRK is no comparision to Dr. Abdul Kalam
When I think of Dr. Abdul Kalam , all that comes to my mind is the unselfish life that he has dedicated to India. We all know , he is Great Scientist, Great Intellectual, Social Worker and a Great Indian. He is unmarried and still serving society after ex Presidency India..
I would not be worried of what happend to SRK..SRK is no comparision, rest is typical politics.
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Absolutely. To amway guys:- No means NO/NOT INTERESTED.. PERIOD.. I don't care whether you were flipping burgers or dream to become a millionaire. Do it yourself . Just don't harass people. Next time you will be arrested if you harass people.
Nobody harassing anyone. You are doing it to yourself. If you are not interested why would they bother you?
Arrested?? make me laugh...please go ahead.
Nobody harassing anyone. You are doing it to yourself. If you are not interested why would they bother you?
Arrested?? make me laugh...please go ahead.
I would love to ask Lou Dobbs the same question!!
Three facts, followed by one interpretation.
First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.
Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.
Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.
My interpretation:
The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)
Three facts, followed by one interpretation.
First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.
Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.
Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.
My interpretation:
The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)
My question: I came to us on F1 Visa. I do not have my last name in my passport. Yes it is true ..stupid passport department missed it as they write names with hand ... passport was made when I was in high school�9th grade to be precise. I never got it corrected and came to us �visa was issued to me using FNU firstname format. When I applied for I-20 SSN, and everything in US after that I added my last name (my actual family name which got missed in passport) as us system does not allow blank last name. Note that my passport last page correctly shows my fathers and mothers last name which I have added on all my us documents like SSN, DL, � now I have been in us from past 5 years with all ( and I actually mean all) my us docs like H1, SSN, I-20, License, 495 application etc in firstname lastname format. �.. the only 2 things which are not in my first name last name format is
1) visa which is FNU Firstname ( FNU = First name used)
2) My passport which has just my first name and no last name
one of my good friend got a 485 query as his first, middle and last name are mixed up with respect to his passport and 485 application. Which I feel is a much simpler case as compared to mine.
Now my question is should I go ahead and change my name in my passport which is nothing but add my last name and get a new passport preemptively�or I should wait for USCIS decision .. Usually RFE is given 30 � 40 days to reply and I don�t think I will have time to get my passport fixed if and when RFE comes on my 485 .. the only issue I have with preemptive fixing name is sometime it is just better not to add complication to a case when it comes to USCIS �. A lawyer�s opinion is much needed and appreciated.
Thanks for your help
-M
PS: my priority is Feb 2007 EB3
Please do get your passport in order. You should have got it done a long time back. I think it is fairly straightforward procedure. You can make an appointment with the Indian Consulate and take it from there.
Please do not wait for a RFE to do that.
1) visa which is FNU Firstname ( FNU = First name used)
2) My passport which has just my first name and no last name
one of my good friend got a 485 query as his first, middle and last name are mixed up with respect to his passport and 485 application. Which I feel is a much simpler case as compared to mine.
Now my question is should I go ahead and change my name in my passport which is nothing but add my last name and get a new passport preemptively�or I should wait for USCIS decision .. Usually RFE is given 30 � 40 days to reply and I don�t think I will have time to get my passport fixed if and when RFE comes on my 485 .. the only issue I have with preemptive fixing name is sometime it is just better not to add complication to a case when it comes to USCIS �. A lawyer�s opinion is much needed and appreciated.
Thanks for your help
-M
PS: my priority is Feb 2007 EB3
Please do get your passport in order. You should have got it done a long time back. I think it is fairly straightforward procedure. You can make an appointment with the Indian Consulate and take it from there.
Please do not wait for a RFE to do that.
If lawsuit/court cannot make USCIS use the numbers, how can USCIS admin fix do this?.. I am not fighting here (I sent my letters already!!!)...this just came to my mind...
same thing crossed my mind too...then how does the letter campaign help(I sent my letters too)!!
same thing crossed my mind too...then how does the letter campaign help(I sent my letters too)!!
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Yes but there's a big difference in the humane involved in drug narcotics and prostitution Vs the humane involved in consulting.
If you wife, sister or mother were to work as consultant you probably won't mind, but image them choosing business you suggested. Hopes that puts a little prospective of the difference involved in your mind.
Good rebuke.
If you wife, sister or mother were to work as consultant you probably won't mind, but image them choosing business you suggested. Hopes that puts a little prospective of the difference involved in your mind.
Good rebuke.
[QUOTE=at0474;206395
--What if 10% a year from one country continues for few years...
[/QUOTE]
What if only few countries ONLY can supply the required skilled labor sufficiently and no other countries can?
--What if 10% a year from one country continues for few years...
[/QUOTE]
What if only few countries ONLY can supply the required skilled labor sufficiently and no other countries can?
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The following from IV's press release is incorrect. The max # is 3,185
The group's website has reported a record hit of 2,500 concurrent users since this morning.
The group's website has reported a record hit of 2,500 concurrent users since this morning.
I agree with some earlier posts that CP numbers might be low from retrogressed countries, many of my friends and acquaintances from India had dropped the plan for CP route because unlike 485, they cannot file for EAD for their spouses.
With so much uncertainty in EB GC processing, it is understandable that many would have filed filed 485 to get its benefits like EAD etc. So bottom-line is numbers for CP processing will be considerably low when compared with AOS.
With so much uncertainty in EB GC processing, it is understandable that many would have filed filed 485 to get its benefits like EAD etc. So bottom-line is numbers for CP processing will be considerably low when compared with AOS.
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We have enough grounds for lawsuit without them.
That is one way to look at things. The important thing is, whether the Judge looks at the situation the same way. It will be tough job to convince the Judge. If you seek legal opinion from a lawyer, lawyers mostly tend to say that you have a case expecting that that lawyer will be the one filing the lawsuit (i.e. making the money). So be careful with the idea and advise from a lawyer.
And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.
Say we have a case, then to go to the next step we need -
1.) Someone willing to take the initiative/lead
2.) Plaintiff
3.) Resources
4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.
How to find what we need to file lawsuit -
For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.
For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.
For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.
That is one way to look at things. The important thing is, whether the Judge looks at the situation the same way. It will be tough job to convince the Judge. If you seek legal opinion from a lawyer, lawyers mostly tend to say that you have a case expecting that that lawyer will be the one filing the lawsuit (i.e. making the money). So be careful with the idea and advise from a lawyer.
And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.
Say we have a case, then to go to the next step we need -
1.) Someone willing to take the initiative/lead
2.) Plaintiff
3.) Resources
4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.
How to find what we need to file lawsuit -
For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.
For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.
For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.
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If the law is followed in the enforcement then that is fine. Integrity of H1b program will be maintained. If arbitary and against the law then that should not be followed.
I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....
I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....
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I am currently on EAD and I had applied for my 485 in EB3. My priority date is Nov 2004.
I moved to a new employer using AC21 . Will I be able to refile my Green card in EB2 category and interfile the 485.
Since I am already in EAD status (not on H1), will my current AOS or status be affected by the new Green Card process.
Please let me know if this is possible.
Thank you
Sathish
I moved to a new employer using AC21 . Will I be able to refile my Green card in EB2 category and interfile the 485.
Since I am already in EAD status (not on H1), will my current AOS or status be affected by the new Green Card process.
Please let me know if this is possible.
Thank you
Sathish
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While Pre-approved labor is ok, the priority date of the original applicant should NOT transfer over to the beneficiary of the substituted labor. The injustice is there.
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Thanks for vounterring your time and helping the immigrant community out -
My question -
EB3-India
PD: Dec 2004
I-140 approved.
I-485 applied: July 2007
EAD and AP approved
I recently quit my job and have been out of work for 2+ months, looking to get on to another job on EAD now.
1. Are there any risks to my AOS application with I not being employed for 2-4 months? I-140 petition is approved, worked at my last employer for more than 180 days from my date of I-485 filing. Left my last employer on good terms, I-140 petition will not be revoked.
2. As for the new job, would getting a new job on contract (possibly a 12 month contract with a Fortune 50 company) be a problem? I was under the impression that one needs full time employment but wanted to clarify since the contracting vendor is willing to hire me for the 12 month term on W2 and was wondering if that would be sufficient. What kind of Employment Verification Letter may I have to produce incase I get an RFE for the same during this time period.
I would really appreciate your input. Thanks!
Please let me know what reply you got for this inquiry.
My question -
EB3-India
PD: Dec 2004
I-140 approved.
I-485 applied: July 2007
EAD and AP approved
I recently quit my job and have been out of work for 2+ months, looking to get on to another job on EAD now.
1. Are there any risks to my AOS application with I not being employed for 2-4 months? I-140 petition is approved, worked at my last employer for more than 180 days from my date of I-485 filing. Left my last employer on good terms, I-140 petition will not be revoked.
2. As for the new job, would getting a new job on contract (possibly a 12 month contract with a Fortune 50 company) be a problem? I was under the impression that one needs full time employment but wanted to clarify since the contracting vendor is willing to hire me for the 12 month term on W2 and was wondering if that would be sufficient. What kind of Employment Verification Letter may I have to produce incase I get an RFE for the same during this time period.
I would really appreciate your input. Thanks!
Please let me know what reply you got for this inquiry.
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Well, explain to me, if an american celebrity, such as Brad Pitt or George Clooney is detained at IGI for 66 mins, taken aside for secondary in another chamber, made to wait,
if robert gates (defense secretary), is asked to remove his shirt
if ex president bush or clinton is frisked for secondary, would that be acceptable to americans?
NO. We agree on the answer atleast. Do people in India have to KNOW them?
You are missing the point here. Americans are doing what they are supposed to do. Our babus are not able to do anything to even ward consuler or local MLA. Whoes mistake that is.
if robert gates (defense secretary), is asked to remove his shirt
if ex president bush or clinton is frisked for secondary, would that be acceptable to americans?
NO. We agree on the answer atleast. Do people in India have to KNOW them?
You are missing the point here. Americans are doing what they are supposed to do. Our babus are not able to do anything to even ward consuler or local MLA. Whoes mistake that is.
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First of all, IV is all about us. Any kind of change / help that brings positive changes to EB community shall always be welcome.
So far number of efforts have been made, and many times we were defeated by our anti-immigrant friends for so many reasons. But take a look at the following
http://blogs.wsj.com/economics/2008/08/13/greenspan-excerpts-housing-stabilization-key-to-crisis-end/
It's not about ignoring any specific group of EB immigrants.
Thanks
Satya
Most of us are waiting in line for years by sacrificing their career growth and earnings with the so called consulting companies. what for? To get a green card by buying a home here? Is it sensible? common. Bring some common solution to everybody, not for few. If you want to leave some IV members behind, then you may continue with this idea. your proposal DOES NOT MAKE ANY SENSE to me.
So far number of efforts have been made, and many times we were defeated by our anti-immigrant friends for so many reasons. But take a look at the following
http://blogs.wsj.com/economics/2008/08/13/greenspan-excerpts-housing-stabilization-key-to-crisis-end/
It's not about ignoring any specific group of EB immigrants.
Thanks
Satya
Most of us are waiting in line for years by sacrificing their career growth and earnings with the so called consulting companies. what for? To get a green card by buying a home here? Is it sensible? common. Bring some common solution to everybody, not for few. If you want to leave some IV members behind, then you may continue with this idea. your proposal DOES NOT MAKE ANY SENSE to me.
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Do not overanalyze any bill- All these bills are mere drafts until they come on floor for debate, and even after that they go thru amendments, rewriting, and the final bill comes out in most cases to be very different from the original. Even after the bill is passed in both houses, the committees that are responsible in reconciling the bill will tweak it and fine tune it.
This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed � and at the last minute this provision was deleted.
IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.
So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.
So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World
The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.
There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.
The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.
This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed � and at the last minute this provision was deleted.
IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.
So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.
So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World
The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.
There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.
The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
http://www.immigration-law.com/
Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).
IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.
Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.
http://www.immigration-law.com/
Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).
IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.
Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.
A quarterly spill over is advantageous to every body in the playing field.
It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.
So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.
Here is the snippet from http://immigrationvoice.org/forum/newreply.php?do=newreply&p=966830
Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit.
It appears that DOS does spill-over every quarter.
It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.
So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.
Here is the snippet from http://immigrationvoice.org/forum/newreply.php?do=newreply&p=966830
Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit.
It appears that DOS does spill-over every quarter.
