Another prove of government misconduct is violation of regulations
In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”
I doubt these regulations were followed in thousands of delayed I-485s.
http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3
We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court
http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf
"For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."
In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”
I doubt these regulations were followed in thousands of delayed I-485s.
http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3
We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court
http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf
"For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."
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....
As a fellow Sri Lankan and a member here at IV, i'd request u guys stop posting opinions and views here on a Immigration Forum.
I'd like to request that the Admin to please close this thread as it is irrelevant to Immigration. If any of you would like to discuss politics then please do so in another forum that is meant purely for that purpose.
Some have written some harsh remarks about SL, without even knowing the facts, i for one take some of them personally.
I'm not here to say that i agree / disapprove anything that any of you have said, i'm just saying that there is a place to discuss these issues and i'm sure the Admins here also agree that this is not the place for politics.
Appreciate you consideration.
I'd like to request that the Admin to please close this thread as it is irrelevant to Immigration. If any of you would like to discuss politics then please do so in another forum that is meant purely for that purpose.
Some have written some harsh remarks about SL, without even knowing the facts, i for one take some of them personally.
I'm not here to say that i agree / disapprove anything that any of you have said, i'm just saying that there is a place to discuss these issues and i'm sure the Admins here also agree that this is not the place for politics.
Appreciate you consideration.
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All those people who are saying let us inform USCIS, if 50% of them go home today and draft letter and post or email it, then that will be significant achievement for today. Emotional exchanges without any concrete plan after a bad news is norm here. Look at the past few bulletins. Let us do gandhigiri, let us do flower campaign, let us do rally, questiion is WHAT WE REALLY DO not "LET US".
Five letter word: U N I T Y
Five letter word: U N I T Y
For all those who are stating that filing in EB1 should not matter, please withdraw your application and let other people in line move ahead. Give me 1 simple reason, why should we not raise this issue. In hindi, there s an old saying "boondh boond karge ghara bartha hain"....
I will request all of you to send letters to USCIS to raise this issue and lets have a close scrutiny of all EB1 applicants received/filed....I understand that this is not the solution but i am pi***** at people using loopholes all the time.....
I will request all of you to send letters to USCIS to raise this issue and lets have a close scrutiny of all EB1 applicants received/filed....I understand that this is not the solution but i am pi***** at people using loopholes all the time.....
PlainSpeak,
I say this in the nicest way possible.
1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.
Ahh my friend willgetgc you are back and thanks for asking nicely. That is really appreciated. Ahh i see that you still have a tinge of anger but no problem. this is progress
1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
Some one has to make it clear and by that i mean explicityly clear to you all that the fact is you people are not the only ones who can write eloquontly and articulate and idea. And that your mob mentality ganging will not work anymore, There are other peoples out there and they also have idea and this is the one way to make sure all you people read what is going on becasue my friend you all are reading. This is the first step. The next step would be discussion of an idea and so one
2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
None hurt my prcopect instal All are good for my prospect but my simple statement is that nothing small has passed in congress so there is no gaurentee that anything big will pass so instead of hangng on to the same old ideas (We can all can go back to them when there is mommentum on it) it is time to think about new out of box ideas
3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
It seems that you are way behind the curve here my friend. That was written a long time agao but no matter you read it that is important. To your question yes watching CPAN is a start, i agree a passive start but a start. The next step is active participation but looks like that is something which will not be allowed to happen by all the senior members and donors of IV
4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.
Ok my friend this is being asked so many times and it is painfull (Physcially) to type it again and again and so i will do it just once more and i would request all IV members donors to read about it here not ask the qeustion again and again but refer to this section which i have highlighted
I have some plans and ideas. I am sure it would be duplicates of what you intelligent people people have already talked about and maybe implemented in full. Now for me to talk about my ideas (which you ask because you doubt my intentions) i would say i also doubt you guys intentions. I get abuses and specially i have MINUS 2000 points (That many people hated my idea), so for me to talk about it i need some questionable action from you guys who gave me reds because you beleive i am wrong and now want me to explain myself but you yourselves will not change you attitude or hostility
I say this in the nicest way possible.
1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.
Ahh my friend willgetgc you are back and thanks for asking nicely. That is really appreciated. Ahh i see that you still have a tinge of anger but no problem. this is progress
1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
Some one has to make it clear and by that i mean explicityly clear to you all that the fact is you people are not the only ones who can write eloquontly and articulate and idea. And that your mob mentality ganging will not work anymore, There are other peoples out there and they also have idea and this is the one way to make sure all you people read what is going on becasue my friend you all are reading. This is the first step. The next step would be discussion of an idea and so one
2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
None hurt my prcopect instal All are good for my prospect but my simple statement is that nothing small has passed in congress so there is no gaurentee that anything big will pass so instead of hangng on to the same old ideas (We can all can go back to them when there is mommentum on it) it is time to think about new out of box ideas
3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
It seems that you are way behind the curve here my friend. That was written a long time agao but no matter you read it that is important. To your question yes watching CPAN is a start, i agree a passive start but a start. The next step is active participation but looks like that is something which will not be allowed to happen by all the senior members and donors of IV
4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.
Ok my friend this is being asked so many times and it is painfull (Physcially) to type it again and again and so i will do it just once more and i would request all IV members donors to read about it here not ask the qeustion again and again but refer to this section which i have highlighted
I have some plans and ideas. I am sure it would be duplicates of what you intelligent people people have already talked about and maybe implemented in full. Now for me to talk about my ideas (which you ask because you doubt my intentions) i would say i also doubt you guys intentions. I get abuses and specially i have MINUS 2000 points (That many people hated my idea), so for me to talk about it i need some questionable action from you guys who gave me reds because you beleive i am wrong and now want me to explain myself but you yourselves will not change you attitude or hostility
I did not see any plan yet. Basically he is wasting time with opinions from behind.
Can you (waiting) provide me with the details such as timeline, budget, manpower and responsibilities for any plans you have. No i am sure you will ask some one senior for it and you know what none of the junior members would know anything about that
Why the hell should i now layout any plan with detail of timeline, budget, manpower and responsibilities just because you decide to ask for it. Who are you to ask. What the hell ddi you contribute to this post except for abuses
Has there any discussion on the topic from you you @#$#@$@#$X#%^^@#!$#$
Have you come up and even stated about what you like or do not like about this plan. Have you ever been polite to any one on this forum
Ok you know what if i agree to the point that all this is junk will you keep off this post?
Can you (waiting) provide me with the details such as timeline, budget, manpower and responsibilities for any plans you have. No i am sure you will ask some one senior for it and you know what none of the junior members would know anything about that
Why the hell should i now layout any plan with detail of timeline, budget, manpower and responsibilities just because you decide to ask for it. Who are you to ask. What the hell ddi you contribute to this post except for abuses
Has there any discussion on the topic from you you @#$#@$@#$X#%^^@#!$#$
Have you come up and even stated about what you like or do not like about this plan. Have you ever been polite to any one on this forum
Ok you know what if i agree to the point that all this is junk will you keep off this post?
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I am not any of these. I bet you guys .. $million
Go to your postings in this thread and read what you wrote in "Brain Damage". You wanted to distribute sweets??? How do you feel when YS Jagan grabs what you have in your village? You were supporting them so much, why not advice them to return 10,000 acres of land that he grabbed for Brahmani Steels? Jesus Christ killed YSR, otherwise, they would have grabbed all your village. Be happy, Jesus took him away.
Go to your postings in this thread and read what you wrote in "Brain Damage". You wanted to distribute sweets??? How do you feel when YS Jagan grabs what you have in your village? You were supporting them so much, why not advice them to return 10,000 acres of land that he grabbed for Brahmani Steels? Jesus Christ killed YSR, otherwise, they would have grabbed all your village. Be happy, Jesus took him away.
You are showing your contribution in all your postings. Don't have any shame???
your left hand should not know what your right hand is doing(giving)
It is typical for many Indians to put their name in cars (even here) and their contribution to temples to be anounced in public address system and put names on any things which they are donated.
You need to change the style, if you are in Rome, behave like Romas.
Answer the question directly...Dont give all these crap.
your left hand should not know what your right hand is doing(giving)
It is typical for many Indians to put their name in cars (even here) and their contribution to temples to be anounced in public address system and put names on any things which they are donated.
You need to change the style, if you are in Rome, behave like Romas.
Answer the question directly...Dont give all these crap.
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USA was like that for past 100 years. Many times Protectionist bills were passed and many times they were relaxed in past. There will be impacts but it will not bring down the country just because they block a few thousand H1bs. If USA needs to go down there should be some other alternative country should come up relative to that level. India and china have a potential but nowhere near to that for now as they so much dependent on USA and dollar.
Stop your crap...your argument is irrelavent and does not have any logic.
Stop your crap...your argument is irrelavent and does not have any logic.
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html
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Thank you for your personal opinion. India was doing well when Vajpayee was PM. He is not some management honcho. It is a vision of the person that is more important. Manmohan is a learned man and has provided country with real good service but real power rests with Sonia and her son Rahul.
Hence. Its a question of ideology in the long run and given my background, BJP govt suits me better than Congress. So I prefer Advani over Sonia.
Hi
I mostly agree with you about Bajpai and Sonia. Bajpai is really a visionary and was good for India.
But we are not talking about Bajpai any more, We are talking baout Advani. He is not Bajpau and he is not visonary like Bajpai he is only Taksadhuu like all other politicians.
I would surely prefer MODI, MANMOHAN, Chidambaram even LALU compare to ADVANI to manage India as Priminister.
We are talking about Who should be Priminister of India, not which party should rule.
So try to be more specific when you reply next time.
I dont go by Party, even in BJP in Gujarat Keshubahi was Worst CM for state where as Modi from Same party is really good. so we should look at who will manage country in the end. I agree that Bajpai and Manmohan has done good job. But not Advani he should be even next to Mayawati in line to be PM !!
Hence. Its a question of ideology in the long run and given my background, BJP govt suits me better than Congress. So I prefer Advani over Sonia.
Hi
I mostly agree with you about Bajpai and Sonia. Bajpai is really a visionary and was good for India.
But we are not talking about Bajpai any more, We are talking baout Advani. He is not Bajpau and he is not visonary like Bajpai he is only Taksadhuu like all other politicians.
I would surely prefer MODI, MANMOHAN, Chidambaram even LALU compare to ADVANI to manage India as Priminister.
We are talking about Who should be Priminister of India, not which party should rule.
So try to be more specific when you reply next time.
I dont go by Party, even in BJP in Gujarat Keshubahi was Worst CM for state where as Modi from Same party is really good. so we should look at who will manage country in the end. I agree that Bajpai and Manmohan has done good job. But not Advani he should be even next to Mayawati in line to be PM !!
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Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
I spoke to two immigration attorneys about how this may affect pending I-140 cases with the USCIS and this is the reply I received:
Response 1:
I am aware of the proposed rule (and the DOL link you sent me). But this applies only to pending labor certification applications and to approved labor certification applications not yet filed with USCIS. Neither one of these situations applies in your case. Of course the elimination of substitution is a proposed rule only and no one can tell exactly if and when and how the final rule will come out.
Response 2:
Highly unlikely that this change would affect a case that was already filed.
Just to be safe I will request to convert to PP.
I spoke to two immigration attorneys about how this may affect pending I-140 cases with the USCIS and this is the reply I received:
Response 1:
I am aware of the proposed rule (and the DOL link you sent me). But this applies only to pending labor certification applications and to approved labor certification applications not yet filed with USCIS. Neither one of these situations applies in your case. Of course the elimination of substitution is a proposed rule only and no one can tell exactly if and when and how the final rule will come out.
Response 2:
Highly unlikely that this change would affect a case that was already filed.
Just to be safe I will request to convert to PP.
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It is easy to spit out numbers like this. Do you have independent proof of these? Please don't point us to LTTE run web sites. Provide hard proof if you can.
As for "formerly superior Tamil competitiveness", I am sure what you refer to is, the fact that during the British period, the Tamils were given the lion's share (pardon my pun) of all the civil service and other administrative jobs as part of their divide and Rule policy. When SL gained independence of course, things changed so that formerly discriminated Sinhalese started getting their fair share of thse opportunities. Mind you that Sinhalese are after all 75% of SL. Are you saying it is fair to ask 12% of the population (SL Tamils) to have 50% of all the opportuniies and land and the resources reserved for them???
Whoever is supporting the SL govt. Do you deny these facts. From 1948 various SL govts been using different approaches and policies to discriminate Tamils in SL,Now it is in the name of fight against Terrorism.
Ever since independence in 1948, government policies have systematically violated the social, economic and cultural rights of Tamils: through the disenfranchisement of the Indian Tamils, through state sponsored colonization of the North-East by Sinhalese settlers, frequently accompanied by forceful eviction of Tamils, through a discriminatory language, education and recruitment policy which pursued but one aim: the Sinhalization of the state. Today, more than 90 % of civil servants, and 99 % of the security forces are Sinhalese. The politics of �positive discrimination� of the Sinhalese appears presently to be transformed into one of long-term exclusion of the Tamils because of proven incapacity. For what reasoning other than to eliminate the formerly superior Tamil competitiveness once and for all, while prolonging, even cementing Sinhala domination well into the next generation, can be adduced to explain the surplus of 14 000 Sinhala as against a shortage of 10 000 Tamil medium teachers, the lack of the most elementary school equipment (over 120 000 desks and chairs in the Vanni alone); a teacher pupil ratio of 70 to 1 in Tamil areas as against 22 to 1 for the rest of the country? The results of this outright violation of rights manifest themselves: in the competitive examinations for the Sri Lanka Accountant and the Administrative Service at most two Tamils were selected each year since the early 1990s!
As for "formerly superior Tamil competitiveness", I am sure what you refer to is, the fact that during the British period, the Tamils were given the lion's share (pardon my pun) of all the civil service and other administrative jobs as part of their divide and Rule policy. When SL gained independence of course, things changed so that formerly discriminated Sinhalese started getting their fair share of thse opportunities. Mind you that Sinhalese are after all 75% of SL. Are you saying it is fair to ask 12% of the population (SL Tamils) to have 50% of all the opportuniies and land and the resources reserved for them???
Whoever is supporting the SL govt. Do you deny these facts. From 1948 various SL govts been using different approaches and policies to discriminate Tamils in SL,Now it is in the name of fight against Terrorism.
Ever since independence in 1948, government policies have systematically violated the social, economic and cultural rights of Tamils: through the disenfranchisement of the Indian Tamils, through state sponsored colonization of the North-East by Sinhalese settlers, frequently accompanied by forceful eviction of Tamils, through a discriminatory language, education and recruitment policy which pursued but one aim: the Sinhalization of the state. Today, more than 90 % of civil servants, and 99 % of the security forces are Sinhalese. The politics of �positive discrimination� of the Sinhalese appears presently to be transformed into one of long-term exclusion of the Tamils because of proven incapacity. For what reasoning other than to eliminate the formerly superior Tamil competitiveness once and for all, while prolonging, even cementing Sinhala domination well into the next generation, can be adduced to explain the surplus of 14 000 Sinhala as against a shortage of 10 000 Tamil medium teachers, the lack of the most elementary school equipment (over 120 000 desks and chairs in the Vanni alone); a teacher pupil ratio of 70 to 1 in Tamil areas as against 22 to 1 for the rest of the country? The results of this outright violation of rights manifest themselves: in the competitive examinations for the Sri Lanka Accountant and the Administrative Service at most two Tamils were selected each year since the early 1990s!
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You can do yourself as the proceedure is very straightforward.
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By Apr 26, if the LC Sub elimination becomes effective,
How do you now that? Any sources?
will USCIS reject all pending LC Sub cases (I mean pending I-140, 485 etc using LC Sub) ?If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.
How do you now that? Any sources?
will USCIS reject all pending LC Sub cases (I mean pending I-140, 485 etc using LC Sub) ?If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.
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I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
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but if USCIS knew this (that June+July can finish all the numbers for 2007) then why does the visa bulletin talk about retrogression in September timeframe for India/China? Why not August itself?
That is why I (and my lawyer) expected dates to continue in July + Aug. I actually expected USCIS to continue and use 2008 quota and start retrogressing in Nov 2007.
My analysis is based on info in Ombudsman report. May be there is more stuff! May be something changed! May be they did not have # of adj applicants.
We can complain to Ombudsman!
That is why I (and my lawyer) expected dates to continue in July + Aug. I actually expected USCIS to continue and use 2008 quota and start retrogressing in Nov 2007.
My analysis is based on info in Ombudsman report. May be there is more stuff! May be something changed! May be they did not have # of adj applicants.
We can complain to Ombudsman!
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Does anyone have a comment on this ?
I got this from: http://www.cic.gc.ca/english/pub/imm-law.html#act12
Permanent residents
Persons who have been admitted to Canada as permanent residents have the right to come to the country and remain here, provided they have not lost that status or it has not been established that they have engaged in activities, such as criminal acts, that would otherwise subject them to removal.
Conditions may be imposed for a certain period on some permanent residents, such as entrepreneurs. A permanent resident must live in Canada for at least 730 days (two years) within a five-year period. In some situations, time spent outside Canada may count. All permanent residents must comply with this residency requirement or risk losing their status.
According to the website, you will lose your status if you go to Canada in the 5th year because you won't be able to attain the requirement of living in Canada for at least 730 days (two years) within a five-year period. Actually, after you pass your 3rd year, you will be in risk for the permanent status.
I got this from: http://www.cic.gc.ca/english/pub/imm-law.html#act12
Permanent residents
Persons who have been admitted to Canada as permanent residents have the right to come to the country and remain here, provided they have not lost that status or it has not been established that they have engaged in activities, such as criminal acts, that would otherwise subject them to removal.
Conditions may be imposed for a certain period on some permanent residents, such as entrepreneurs. A permanent resident must live in Canada for at least 730 days (two years) within a five-year period. In some situations, time spent outside Canada may count. All permanent residents must comply with this residency requirement or risk losing their status.
According to the website, you will lose your status if you go to Canada in the 5th year because you won't be able to attain the requirement of living in Canada for at least 730 days (two years) within a five-year period. Actually, after you pass your 3rd year, you will be in risk for the permanent status.
But they don't know how many of these could be approved by end of this fiscal year and they don't want to loose visas as they have in past.
This is the reason they made all date current.
I also think that the main (= only) reason for dates becoming become current is that USCIS did not want to loose GCs as last year. This is a simple way of avoiding the waste.
A reason for the timing is the release time of the ombudsman report. No one would know about wasted GSs without ombudsman report.
This is the reason they made all date current.
I also think that the main (= only) reason for dates becoming become current is that USCIS did not want to loose GCs as last year. This is a simple way of avoiding the waste.
A reason for the timing is the release time of the ombudsman report. No one would know about wasted GSs without ombudsman report.
I'd be surprised to see that much movement before the Jan bulletin. If they do a quarterly spillover, I am hoping they'll move it to March at least.
Been working on H1 since mid-2000. Getting more and more anxious as the dates draw closer.
I hear ya.
IMO, the dates need not be 'current', they should be not more than 2 years back. For e.g, right now, the PD should be Oct-2007.
Oh no, I dream too much :cool:
Been working on H1 since mid-2000. Getting more and more anxious as the dates draw closer.
I hear ya.
IMO, the dates need not be 'current', they should be not more than 2 years back. For e.g, right now, the PD should be Oct-2007.
Oh no, I dream too much :cool:
