I am not yet ready with a letter, but here is my idea on what should be in the letter.
* Highlight long wait times.
* Highlight that all these years, spillover used to give a fair movement in dates
* Bring up how the spillover dates changed this year, and the negative impact it has had
on the movement of Eb3.
* Ask (if writing to ombudsman) what sections of the law was ambiguous to have caused
the reinterpretation of the law.
* Also bring to the fact that USCIS has said (though in effect only for EB2) that spillover is
to be used for people who are waiting the most.
* Highlight the fact that due to the wait times, most of us now qualify for Eb2, but leaving
our jobs for EB2, just for the sake of getting into the "advancing" category, not only penalizes our company that we are working for, but also goes against the intent of the
law. Also, it will add to unnecessary workload for the government.
* Request that they review their new interpretation, at least as far as the EB1 spillover
goes. That is to say, EB2 excess can be utilized within EB2, but any spillover from EB1
should go to both Eb2 and Eb3 simultaneously, as that part is very clear in the law.
* Thank them for their time in responding to your letter.