The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
Quoted from this link
http://www.immigration-information.com/forums/showthread.php?t=4285&page=26
Apr VB response from DOS Visa Office, by Charlie Oppenheim
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謝謝.但這可信嗎? 印度EB1 能剩多少? 夠印度EB2 一下前進4年?
-mariek-
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03/20/2008 postreply
12:39:46
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They should officially revise the VB. An oral explanation is not
-balsam_pear_k-
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03/20/2008 postreply
14:09:32
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acceptable! - Revise the pargraph D.
-balsam_pear_k-
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03/20/2008 postreply
14:10:31
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消息的來源可靠嗎?VB.可不是這樣解釋的。
-gc16-
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03/21/2008 postreply
05:35:34