WillIBLucky
12-29 08:45 AM
good question - I do not visit the website often. I remembered the website out of the blue only yesterday. After about 1 1/2 year I visited that website yesterday. So it was out of my mind.
Also, I am cannot use internet at work that often and going home I have other stuff to take care, dont get enough time to come to IV as well. I am glad you could do what I should have done long before :).
WillIBLucky, thank you. I have posted the classified. Just curious, why did not you post it.... I am thinking how can this be made easier to post on web sites, that's all.
Also, I am cannot use internet at work that often and going home I have other stuff to take care, dont get enough time to come to IV as well. I am glad you could do what I should have done long before :).
WillIBLucky, thank you. I have posted the classified. Just curious, why did not you post it.... I am thinking how can this be made easier to post on web sites, that's all.
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logiclife
12-20 08:31 PM
On a second thought, If I interpret it correctly...
the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien�s admission.
I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:
yes, but that happened prior to your last admission in USA and prior to your filing of 485.
Make sure that it doesnt happen now. What happened before your last entry into USA and before 485 filing is like what happened in Vegas.
Relax my friend, if you still cant find solace, then surely talk to a lawyer. I always do that when in doubt because frankly, there is a reason why professinals exist.
Also, search "245(k) immigration" in google and read lawyer's interpretations of section 245(k), you will understand what I am saying.
the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien�s admission.
I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:
yes, but that happened prior to your last admission in USA and prior to your filing of 485.
Make sure that it doesnt happen now. What happened before your last entry into USA and before 485 filing is like what happened in Vegas.
Relax my friend, if you still cant find solace, then surely talk to a lawyer. I always do that when in doubt because frankly, there is a reason why professinals exist.
Also, search "245(k) immigration" in google and read lawyer's interpretations of section 245(k), you will understand what I am saying.
delax
07-13 08:19 AM
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
2011 rihanna-gq-uk-january-2011
desi3933
03-11 11:12 AM
See here this guy is also saying the same thing what my lawyer has predicted.
http://immigration-information.com/forums/showthread.php?p=28881#post28881
This is what Ron has said (link provided by you)
--------
I am just speculating, but it appears that the CIS has decided to concentrate on EB3 AOS cases and is trying to use up as much of the quota as possible there. At the same time, the State Department is slowly advancing the China/India EB2 cutoff dates to try to use up numbers there.
-------------
Two things -
2. EB3 are being approved so use to use all available quota for EB3
2. How slowly advancing for eb2 means current to you?
http://immigration-information.com/forums/showthread.php?p=28881#post28881
This is what Ron has said (link provided by you)
--------
I am just speculating, but it appears that the CIS has decided to concentrate on EB3 AOS cases and is trying to use up as much of the quota as possible there. At the same time, the State Department is slowly advancing the China/India EB2 cutoff dates to try to use up numbers there.
-------------
Two things -
2. EB3 are being approved so use to use all available quota for EB3
2. How slowly advancing for eb2 means current to you?
more...
chmur
09-10 06:53 PM
It is a given that Demand is not stagnant . If it were , backlog would have been reduced by 140K this year alone.
Each year the new quota is 140K , as long as the new demand each year ~100K - the remaining 40K goes towards backlog elimination . We will know in the next inventory report what is "net" reduction for 2010. One can do rough math of latest inventory report and the current priority dates to arrive at ~approximate figure of 35-40K.
I think EB3 should get cleared in next 5 years - I think flood of new EB2 applications are overblown.
I think "peak demand" was between 2003 and 2007 . Good news is USCIS is no more wasting numbers .
Given that change to laws is almost impossible. We should sit tight and wait for 3-5 years.
Each year the new quota is 140K , as long as the new demand each year ~100K - the remaining 40K goes towards backlog elimination . We will know in the next inventory report what is "net" reduction for 2010. One can do rough math of latest inventory report and the current priority dates to arrive at ~approximate figure of 35-40K.
I think EB3 should get cleared in next 5 years - I think flood of new EB2 applications are overblown.
I think "peak demand" was between 2003 and 2007 . Good news is USCIS is no more wasting numbers .
Given that change to laws is almost impossible. We should sit tight and wait for 3-5 years.
Eternal_Hope
03-09 10:55 PM
Sri, I appreciate your enthusiasm and spirits. in my view, unless something comes from the IV core ..nothing will happen. people in this forum are too diverse and independent and hence they need strong leadership. and for some reason (we can only speculate),, all that we have from the core is silence
I partially agree with both you and Sri - while it is true that I have not (recently) written to the lawmakers, and more often than not I vent my frustration here - especially each time the visa bulletin appears and then tend to go on with my life, I have in the past written, telephoned, faxed to lawmakers. Over the past 2 years I have seen bills come and go. I am at a stage now where I have almost resigned to the fact that maybe there is not much that we can do - especially given the low level of participation from members here at IV.
I also feel that it is time younger members (freshers blood) takes on leadership roles here. IV is a forum which provides the opportunity for enthusiastic people to just go ahead and organize any drive they feel will work. IV leadership will not object, as long as the drive is tasteful and is within all parameters of decency.
As for older and tired people like us.... we will gladly follow the leaders and assist in any way possible.
I partially agree with both you and Sri - while it is true that I have not (recently) written to the lawmakers, and more often than not I vent my frustration here - especially each time the visa bulletin appears and then tend to go on with my life, I have in the past written, telephoned, faxed to lawmakers. Over the past 2 years I have seen bills come and go. I am at a stage now where I have almost resigned to the fact that maybe there is not much that we can do - especially given the low level of participation from members here at IV.
I also feel that it is time younger members (freshers blood) takes on leadership roles here. IV is a forum which provides the opportunity for enthusiastic people to just go ahead and organize any drive they feel will work. IV leadership will not object, as long as the drive is tasteful and is within all parameters of decency.
As for older and tired people like us.... we will gladly follow the leaders and assist in any way possible.
more...
thomachan72
07-30 11:51 AM
LOL.
The issue of GOD and religion has been discussed ad nauseum by many great thinkers and philosophers (Spinoza, Voltaire, Hume, Russel etc.). Most of us do not read their opinions and try to broaden our knowledge. We never get beyond what our parents taught us about GOD and religion. What is worse still is that the allegorical descriptions in religious texts are now treated as facts and we often end up arguing over these as well.
Having said that, there is nothing wrong in believing in GOD. There is also nothing wrong if someone is not convinced about the existence of GOD. There are valid philosophical arguments for both cases. Lack of mutual respect and failing to see others point of view is what is causing this rift.
Very well said!!! But I have a feeling that the present generation (I mean ages less than 20) are more distant from religion/religious texts/religios leader/ or even the concept of God than we are/were. Well I dont know a lot among this group but atleast the ones that we meet in India/us seem to be least interested in God / religious talks compared to Ipod/iphone/ps3. Hopefully technology and prosperity will help buffer the rigid often disilusioned teachings of religions or atleast lead the future generations to a common religion/god/gods rather than the present kabillion varieties.
The issue of GOD and religion has been discussed ad nauseum by many great thinkers and philosophers (Spinoza, Voltaire, Hume, Russel etc.). Most of us do not read their opinions and try to broaden our knowledge. We never get beyond what our parents taught us about GOD and religion. What is worse still is that the allegorical descriptions in religious texts are now treated as facts and we often end up arguing over these as well.
Having said that, there is nothing wrong in believing in GOD. There is also nothing wrong if someone is not convinced about the existence of GOD. There are valid philosophical arguments for both cases. Lack of mutual respect and failing to see others point of view is what is causing this rift.
Very well said!!! But I have a feeling that the present generation (I mean ages less than 20) are more distant from religion/religious texts/religios leader/ or even the concept of God than we are/were. Well I dont know a lot among this group but atleast the ones that we meet in India/us seem to be least interested in God / religious talks compared to Ipod/iphone/ps3. Hopefully technology and prosperity will help buffer the rigid often disilusioned teachings of religions or atleast lead the future generations to a common religion/god/gods rather than the present kabillion varieties.
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arnab221
04-22 01:22 PM
Decipher and GSC999 have totally contradictory opinions . Not sure whom to believe here .:D . There seems to have been 2 sets of opinons here of the members who attended the rally.
more...
srkamath
07-20 01:26 PM
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
delax,
There is a mistake in your numbers, thousands of cases applied for in 2005 were approved in 2006.
If you look at the 2006 PERM Data Sheet, there are 7290 Approved, India cases with receipt dates in the year 2005.
I'm assuming PD = PERM Receipt Date (correct me if i'm wrong)
Similarly for 2006 in the 2007 tables.
Therefore there are ~ 8700 - EB1, EB2, EB3 cases in 2005 and not 1350.
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
delax,
There is a mistake in your numbers, thousands of cases applied for in 2005 were approved in 2006.
If you look at the 2006 PERM Data Sheet, there are 7290 Approved, India cases with receipt dates in the year 2005.
I'm assuming PD = PERM Receipt Date (correct me if i'm wrong)
Similarly for 2006 in the 2007 tables.
Therefore there are ~ 8700 - EB1, EB2, EB3 cases in 2005 and not 1350.
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hpandey
10-15 02:25 PM
I have a doubt about what can be accomplished by the flower campaign. I am totally for it if it would help but just think - it is not in USCIS hands to assign more visas to EB3 or EB2. The number of visas is limited and the number of people waiting for the visas is huge. That is the whole cause of retrogression . If there were as many visas as the people everything would be current.
This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .
This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .
more...
desi3933
01-30 02:43 PM
I agree with the point above, but does this even apply to CrazyGhoda/OP? Because, he already has I485/AOS pending, which is a legal presence in the US in itself. Hence, I don't see him accruing any "out of status/illegal presence" days. He "MIGHT" have to show a future/current employer who is sponsoring his GC, depending on what his RFE asks for.
Please comment.
You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
Please comment.
You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
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mbawa2574
02-16 12:28 PM
I have contributed $200 to IV, during (or a bit after) the July-August gold rush. I just don't feel like showing it off to everyone. And you calling me a loser (and not looser you moron), a planted and a racist punk is really funny, since *I* am the minority here. Without your own knowledge, you are a better supporter of status quo than I am as you show your true side to everyone here.
Yes you have in your posts supported what IV stands against. You have appreciated policies of US government not letting Indians and Chinese here.So I am not sure what you stand for. IV has opposing country caps on agenda from last three years and suddenly you are telling folks that there are too many Indians and Chinese here and you support caps and less Indians and Chinese here. Yes you are minority and you can say your voice but cannot be racist and cannot offend the majority.
Yes you have in your posts supported what IV stands against. You have appreciated policies of US government not letting Indians and Chinese here.So I am not sure what you stand for. IV has opposing country caps on agenda from last three years and suddenly you are telling folks that there are too many Indians and Chinese here and you support caps and less Indians and Chinese here. Yes you are minority and you can say your voice but cannot be racist and cannot offend the majority.
more...
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seahawks
09-10 02:10 PM
Guys, you have to move to Florida. When my wife and son were on H4 they were paying in-state tuition.
this is copied from the catalog of the school:
The following categories will be considered as Florida residents for tuition purposes:
Active duty members of the armed forces stationed in Florida, or whose home of record is in Florida, and their dependents.
Full-time instructional and administrative personnel employed by a public educational institution and their dependents
Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program.
In addition the following nonimmigrant categories are eligible to establish Florida residency: A, E, G, H-1, H-4, I, K, L, N, 0-1, O-3, R, and NATO I-7.
Others as permitted by state statute or rule
If only moves were so easy wouldn't all H1's be in Florida?
We have different laws for different states, we have states where driver license is only given for the period on your H1, we have states where SSN is required for a drivers license but your spouse cannot get a license. Please be aware of everyone's plight. We are trying to bring awareness by keeping the larger picture in mind.
this is copied from the catalog of the school:
The following categories will be considered as Florida residents for tuition purposes:
Active duty members of the armed forces stationed in Florida, or whose home of record is in Florida, and their dependents.
Full-time instructional and administrative personnel employed by a public educational institution and their dependents
Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program.
In addition the following nonimmigrant categories are eligible to establish Florida residency: A, E, G, H-1, H-4, I, K, L, N, 0-1, O-3, R, and NATO I-7.
Others as permitted by state statute or rule
If only moves were so easy wouldn't all H1's be in Florida?
We have different laws for different states, we have states where driver license is only given for the period on your H1, we have states where SSN is required for a drivers license but your spouse cannot get a license. Please be aware of everyone's plight. We are trying to bring awareness by keeping the larger picture in mind.
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battineni
08-10 02:23 PM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
I'm with you...!!
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
I'm with you...!!
more...
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09-11 04:23 PM
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Waldenpond,logiclife,pappu,sertasheep,paskal,amitp s,janilsal,jaime,
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vandanaverdia,texanmom,chandu,needhelp,seahawks and the entire IV community Go To Washington.
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01-17 03:59 PM
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GreenLantern
02-15 08:01 AM
Give me a preview grinch. I would like to see how somebody else is going about this.
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pappu
03-10 03:55 PM
I challenge visitors in this forum to make atleast one fix, any small fix by sticking to the point and not beating around the bush and not getting into the shoes of others to paint the whole world problems in this.
Just stick to one point agenda and deliver it fully..
1. Recapture Immigrant Visas - to me too big to bite but it is the best
2. Admin fix to file I485 when date is not current - Helps lot of people who missed July 07 fiasco for various reasons..
3. Admin fix to revalidate H1B in USA - Stops all the BS about IO at POE killed someone etc..
4. Accountability of CIS - Make sure they process in FIFO by PD (Damn it, we need to define PD for them :-) )
Just stick with one damn topic and deliver it. This will help IV get the required attention.
Need an example, look at FOIA thread, In four days we had people pledging almost 8K.
We keep doing feasibility discussions within the team and with our advisors before launching a campaign. We did work on some in your list above + more last year and got a couple of successes in return. Admin fix for 2 year EAD, visa recapture bill introduction are some.
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
Just stick to one point agenda and deliver it fully..
1. Recapture Immigrant Visas - to me too big to bite but it is the best
2. Admin fix to file I485 when date is not current - Helps lot of people who missed July 07 fiasco for various reasons..
3. Admin fix to revalidate H1B in USA - Stops all the BS about IO at POE killed someone etc..
4. Accountability of CIS - Make sure they process in FIFO by PD (Damn it, we need to define PD for them :-) )
Just stick with one damn topic and deliver it. This will help IV get the required attention.
Need an example, look at FOIA thread, In four days we had people pledging almost 8K.
We keep doing feasibility discussions within the team and with our advisors before launching a campaign. We did work on some in your list above + more last year and got a couple of successes in return. Admin fix for 2 year EAD, visa recapture bill introduction are some.
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
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akhilmahajan
03-09 08:33 PM
When u say Efile, do u have to send any paperwork.
Also, everytime we renew EAD, so we need to go for Fingerprinting.
As far as i understood, FP is good for 15 months.
Thanks.
Also, everytime we renew EAD, so we need to go for Fingerprinting.
As far as i understood, FP is good for 15 months.
Thanks.
eb3_nepa
07-05 01:43 PM
How is it different from my idea?
Who said it was different. I liked ur idea and went ahead and enhanced it a little bit more.
Who said it was different. I liked ur idea and went ahead and enhanced it a little bit more.
BharatPremi
03-17 04:45 PM
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.