aadimanav
05-15 02:17 AM
http://www.govtrack.us/congress/bill.xpd?bill=h110-6039
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qvadis
12-29 12:14 AM
Being on the other side (EB3-ROW) I read the law a bit differently ;-)
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
glus
06-01 09:53 AM
Voted YES.
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jjava100
01-13 03:52 PM
I took Lufthansa and traveled in November via Frankfurt with out a valid visa and did not had any issues with the transit visa. I had visa while coming back.
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insbaby
10-28 09:18 PM
that's exactly what we did you self-righteous prig!
When we didn't like something, we came out and expressed it.
Tough crowd :rolleyes: :rolleyes: :rolleyes:
When we didn't like something, we came out and expressed it.
Tough crowd :rolleyes: :rolleyes: :rolleyes:
GCBy3000
06-19 04:21 PM
If they process by RD, then this month TONS of people with 2007/2006 PD will apply for 485 along with 1999-2005 guys.
So if 1999-2000 guys are even late a day, then they will be behind 10k people (Assuming 10K files per day). If USCIS processes 100 applications per month, then a delay in single day cause delay of a year.
Again, I pray for those guys who are still stuck with BEC with PDs 2000-01-02-03-04-05. Their situation is really bad.
This will be a catch 22 situation. If they retrogress to 2004, then how would they know to process the 485 application based on PD. They will keep on processing the 485 based on RD. If they see some PD of 2004 or earlier, they will approve else they will continue the 485 processing.
In this case, it is better for people with later PD 2005-2006-2007 to wait for couple of weeks in July and file later. This will make sure no VISA number is lost in coming years if they could process some earlier PD cases. Just a thought.
Example: July 2nd-10th, if 100K 2006/2007 PD cases were filed and July 11th-20th 100k 2000-2004 PD cases were filed and the VB has 2004 as current date. In this case, USCIS spends time in processing non current PD 485 applications for a year or two. Ultimately the visa numbers are lost.
In a way it is always RD, even if it is retrogressed, they process by RD within the eligible cases with some exception scenarios.
So if 1999-2000 guys are even late a day, then they will be behind 10k people (Assuming 10K files per day). If USCIS processes 100 applications per month, then a delay in single day cause delay of a year.
Again, I pray for those guys who are still stuck with BEC with PDs 2000-01-02-03-04-05. Their situation is really bad.
This will be a catch 22 situation. If they retrogress to 2004, then how would they know to process the 485 application based on PD. They will keep on processing the 485 based on RD. If they see some PD of 2004 or earlier, they will approve else they will continue the 485 processing.
In this case, it is better for people with later PD 2005-2006-2007 to wait for couple of weeks in July and file later. This will make sure no VISA number is lost in coming years if they could process some earlier PD cases. Just a thought.
Example: July 2nd-10th, if 100K 2006/2007 PD cases were filed and July 11th-20th 100k 2000-2004 PD cases were filed and the VB has 2004 as current date. In this case, USCIS spends time in processing non current PD 485 applications for a year or two. Ultimately the visa numbers are lost.
In a way it is always RD, even if it is retrogressed, they process by RD within the eligible cases with some exception scenarios.
more...
smohan
08-21 10:35 PM
Kumar,
Thanks for your detailed postings.
One question to Kumar and other knowledgeable readers here.
My child is now over 21 years of age, however is OK with our present EB-3 filing. We all are on EAD. Now if I go for EB-2 route, my doubt is that my child who is already 21 plus years, will not be eligible to be beneficiary in this new EB-2 route...or is there any way?
Thanks for your attention guys.
Thanks for your detailed postings.
One question to Kumar and other knowledgeable readers here.
My child is now over 21 years of age, however is OK with our present EB-3 filing. We all are on EAD. Now if I go for EB-2 route, my doubt is that my child who is already 21 plus years, will not be eligible to be beneficiary in this new EB-2 route...or is there any way?
Thanks for your attention guys.
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Madhuri
07-21 02:25 PM
E-Filed: May 30th, 2008
FP: June 26th, 2008
AD: Pending.
FP: June 26th, 2008
AD: Pending.
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kart2007
05-15 03:26 PM
I know many people working here in my city who are from TCS. TCS blatantly breaks rules and sends these people on L1 visas while paying them an Indian salary and a minimal per diem for their time in the U.S. They don't even get enough for renting a car and I see many of these poor guys walking from their apartment blocks to the office. It's good exercise (for one's physical health) but the intent of the company is exploitation and nothing else :mad:
In addition, I notice that many of these recruits are here not for long term jobs but for gaining enough knowledge so that those jobs can be outsourced back to the home country. That has started to make many of my American colleagues really mad. But it's the fault of the company, not these poor guys who don't have seem to have a clue what a bad deal it is until they arrive here.
Sad to say, Wipro, Infosys and the rest in their flock are no better.
Yup, TCS, Infosys, Cognizant, Patni etc are all offenders. Its sad to see L1s getting such a paltry salary.
For H1 there are rules that are laid out for minimum wages but not for L1 (I think). Even then these Indian companies pay the least they have to to H1 visa holders.
In addition, I notice that many of these recruits are here not for long term jobs but for gaining enough knowledge so that those jobs can be outsourced back to the home country. That has started to make many of my American colleagues really mad. But it's the fault of the company, not these poor guys who don't have seem to have a clue what a bad deal it is until they arrive here.
Sad to say, Wipro, Infosys and the rest in their flock are no better.
Yup, TCS, Infosys, Cognizant, Patni etc are all offenders. Its sad to see L1s getting such a paltry salary.
For H1 there are rules that are laid out for minimum wages but not for L1 (I think). Even then these Indian companies pay the least they have to to H1 visa holders.
hair water fall wallpaper. theLimit
unitednations
03-11 04:52 PM
No sir, I remember they provided them with lot of information, it's just that these 2 Senators want to kill H1B program, they had replied to him or not is immaterial..
Find the pdf with the questions he asked and compare to the answers they gave.
compare that with what happened with visa bulletin fiasco.
I think it was Zoe lofgren who sent a letter with very pointed questions to USCIS. I don't believe they made public their answer or if they answered it at all; and instead of fighting with Senator they reversed course and opened up the visa dates again. (A big part of me thinks that it was pure financial decision. USCIS was going to have fee increase and they realized that they would lose a lot of money but after they did their analysis; they realized their breakeven point was each candidate renewing ead/ap once and they would break even. They would even come out further ahead by allowing the applications because people would be renewing at least three times whereas in old fee structure it was only built in for one renewal).
Find the pdf with the questions he asked and compare to the answers they gave.
compare that with what happened with visa bulletin fiasco.
I think it was Zoe lofgren who sent a letter with very pointed questions to USCIS. I don't believe they made public their answer or if they answered it at all; and instead of fighting with Senator they reversed course and opened up the visa dates again. (A big part of me thinks that it was pure financial decision. USCIS was going to have fee increase and they realized that they would lose a lot of money but after they did their analysis; they realized their breakeven point was each candidate renewing ead/ap once and they would break even. They would even come out further ahead by allowing the applications because people would be renewing at least three times whereas in old fee structure it was only built in for one renewal).
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ragz4u
03-16 10:42 AM
We just received news that the Judiciary Committee hearings which were supposed to run until 1.00 pm today and also tomorrow have been postponed to March 27th. Apparently the deal is that the Judiciary Committee wants to put pressure on Senator Frist so that he does not introduce his version of the bill bypassing the committee...
Will update as soon as we hear more...
Not sure if this can be construed as good news or bad news! :(
The slow pace at which this is unfolding might just lead to depression/suicidal tendencies!!
Will update as soon as we hear more...
Not sure if this can be construed as good news or bad news! :(
The slow pace at which this is unfolding might just lead to depression/suicidal tendencies!!
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Jimi_Hendrix
12-12 01:01 PM
In short they do not want us here.. they want to suck the money out of you, all the money you earned and saved.
Were you making sure that we are not disappointed? :)
Thanks for living upto the expectations buddy :D
Were you making sure that we are not disappointed? :)
Thanks for living upto the expectations buddy :D
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EdGMan
04-13 04:49 PM
Hi everyone,
Have a lot of patience my wife and I have been patiently waiting for this and now it's finally here.
We've been here in different situations below....
Myself
1997 - H1B
2000 - LC filing
2001 - LC cancelled by company because of 911. If company responded to RFE, Labor could have been certified.
2006 - Laid off while on 9th yr of H1
2007 - Back on H1 transfer
Spouse
1998 - H1B
2001 - Filed LC because my company cancelled LC
2003(Mar) - PD
2005(Sep) - LC approved
2005(Dec) - I-140 approved
2007(Apr) - Can file AOS/EAD now
The secret.....
PRAY, PRAY, PRAY. Nothing beats it.
To those who don't know, it took Noah 120 yrs. of faith and hope to built his arc when he was asked to, by Our Heavenly Father.
Regards and CONRATULATIONS to all who can file AOS and EAD now.
More power to IV team.
Have a lot of patience my wife and I have been patiently waiting for this and now it's finally here.
We've been here in different situations below....
Myself
1997 - H1B
2000 - LC filing
2001 - LC cancelled by company because of 911. If company responded to RFE, Labor could have been certified.
2006 - Laid off while on 9th yr of H1
2007 - Back on H1 transfer
Spouse
1998 - H1B
2001 - Filed LC because my company cancelled LC
2003(Mar) - PD
2005(Sep) - LC approved
2005(Dec) - I-140 approved
2007(Apr) - Can file AOS/EAD now
The secret.....
PRAY, PRAY, PRAY. Nothing beats it.
To those who don't know, it took Noah 120 yrs. of faith and hope to built his arc when he was asked to, by Our Heavenly Father.
Regards and CONRATULATIONS to all who can file AOS and EAD now.
More power to IV team.
tattoo Beautiful Fall Wallpapers
Beemar
01-25 10:52 AM
Tri-Valley University Faculty Members (http://trivalleyuniversity.org/faculty_member.htm)
Dr.Susan Xiao-Ping Su Tri-Valley University (http://trivalleyuniversity.org/message.htm)
Founder is Chinese. Most of the faculty is also Chinese.
This is fantastic :). Indians are still stuck with hole-in-the-wall body shops, and the chinese have an entire university to beat the immigration hurdles. Chinese genius is far superior.
:D
Dr.Susan Xiao-Ping Su Tri-Valley University (http://trivalleyuniversity.org/message.htm)
Founder is Chinese. Most of the faculty is also Chinese.
This is fantastic :). Indians are still stuck with hole-in-the-wall body shops, and the chinese have an entire university to beat the immigration hurdles. Chinese genius is far superior.
:D
more...
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sangmami
07-27 12:44 PM
Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
Hope this helps
Thanks
Hope this helps
Thanks
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krishnam70
04-14 11:59 AM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
I am glad your file is back on track and kudos to IV for helping out in this dire situation. I think this needs to be a revelation to people who have been questioning IV's commitment to our cause. This case should not be construed as a template for individual calls to help for everybody. Your problem is unique and IV has been able to help. I only hope people dont start flooding the IV helpline with calls to pursue their individual cases based on delays in processing etc and then blame IV for not being able to help in their case.
This shows collective action and an honest organizational effort will go a long way in helping out the community and we should all share our responsibility in helping each other through IV.
- cheers
kris
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
I am glad your file is back on track and kudos to IV for helping out in this dire situation. I think this needs to be a revelation to people who have been questioning IV's commitment to our cause. This case should not be construed as a template for individual calls to help for everybody. Your problem is unique and IV has been able to help. I only hope people dont start flooding the IV helpline with calls to pursue their individual cases based on delays in processing etc and then blame IV for not being able to help in their case.
This shows collective action and an honest organizational effort will go a long way in helping out the community and we should all share our responsibility in helping each other through IV.
- cheers
kris
more...
makeup Fall Creek Falls wallpaper
bujjigadu123
02-21 02:52 AM
I have one week from now for his visit. He gave me his desk number too. So I guess he is still an ICE employee. I did not call him at that number though.
girlfriend Fall Trees Wallpaper
mhtanim
11-19 12:46 PM
Finally I too received my FP notices, however I am scheduled to attend ASC in my attorney's location, I called customer service and now I need to wait till ASC finds an open spot to schedule FP at my location.
What else can you expect from USCIS ??? :rolleyes:
I am sorry to hear that USCIS has messed up your FP appointment.
When (what date) did you get a notice from NSC saying that your I-485 is now transferred into NSC and now pending from processing?
What else can you expect from USCIS ??? :rolleyes:
I am sorry to hear that USCIS has messed up your FP appointment.
When (what date) did you get a notice from NSC saying that your I-485 is now transferred into NSC and now pending from processing?
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greensignal
11-10 10:55 AM
Mybid2003,
If your case is filed by lawyer, then your lawyer will also receive a copy of your FP Notices. So you may want to contact your lawyer and see if he got it?
If your case is filed by lawyer, then your lawyer will also receive a copy of your FP Notices. So you may want to contact your lawyer and see if he got it?
goel_ar
12-20 01:21 PM
NY never picks up call (passport, pio & receptions) or replies to mail.
Wait times in person are horrible - 5-6 hours. only 1 person to serve all the people for passports, pio /oci cards etc.
Their turnaround time is pretty good.
I prefer to deal with via postal even though it is walkable distance from my work.
Wait times in person are horrible - 5-6 hours. only 1 person to serve all the people for passports, pio /oci cards etc.
Their turnaround time is pretty good.
I prefer to deal with via postal even though it is walkable distance from my work.
waitingnwaiting
11-10 07:58 AM
When is the December visa bulletin coming? Can someone ask their lawyer?
Why is nobody predicting? Are we all becoming so pessimistic?
Why is nobody predicting? Are we all becoming so pessimistic?