Friday, July 1, 2011

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  • vamsi_poondla
    10-01 04:17 PM
    This is off-topic..but you need to think of small businesses that keep wages for < 10 employees etc in their accounts.

    Thats because the rich folks all of sudden who have more then 100k in their accounts felt unsecured and obviously the US government for the rich is helping the rich.

    Coming to the topic, how many think that Sen Obama (as Prez Obama) will help our cause in case there is a CIR or piece meal EB provisions.




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  • Refugee_New
    01-07 04:09 PM
    I tried to stay out of this as much as I could. Can't tolerate anymore. Why the hell Narendra Modi is considered as terrorist?

    I am not saying every muslim is bad. As I mentioned earlier, few of my best friends are muslims. But why the hell each and every muslim remained silent when people in Sabarmati Express were burnt alive? Hypocrates!

    Because he committed Gujarat Genocide. My response was to the one who mentioned "All terrorirst are muslims".

    Didn't the truth finding commission found the real culprits in Sabarmati issue?




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  • indianindian2006
    08-02 02:21 PM
    United Nations,
    I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
    Please answer on simple question for me....
    What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.




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  • unitednations
    03-25 12:41 PM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

    Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.



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  • Macaca
    02-27 08:14 AM
    A Republican Purge on K? (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/26/AR2007022601142_2.html)

    John Feehery has left the Motion Picture Association of America to start his own lobbying firm, the Feehery Group. Feehery, 43, joined the movie lobby with great fanfare in 2005 to help silence sotto voce attacks by congressional Republicans, then in the majority, on the group's chief executive, former congressman Dan Glickman (D-Kan.), and on left-leaning Hollywood. Feehery had been the spokesman for then-House Speaker J. Dennis Hastert (R-Ill.) and a veteran GOP leadership aide.

    But last month, the MPAA named Seth Oster, a Democrat, as executive vice president for communications, in effect taking part of Feehery's portfolio. My colleague at washingtonpost.com, Mary Ann Akers, reports that lobbyists worry that the move might presage a citywide purge of Republicans. But Feehery professes no bitterness. "It was a good time for me to start my own business," he said. "It gives me a greater range to do things I want to do." The MPAA will be one of his first clients, he added.




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  • senthil1
    04-09 06:02 AM
    This bill's author says that H1b program should not be used to displace US workers. If that is main intent that is reasonable. If there is too much immigration then you will be also US worker in a few months or a few years then your job also may be replaced by future cheaper H1b youngters. Indian bodyshopers ready to bring even more than 500k H1B if unlimited H1b is allowed. So some meaningful reform is needed. My view is now there is some increase of H1b is needed but not 200k. But if they increase 120k then again lottery and that will not serve the purpose of H1b. Also if they restrict H1b then employers will have no choice to train fresh US workers instead of hiring 5 years experienced H1b. That is the expectation of Labor Unions and other US workers.


    Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.

    If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.

    What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.

    Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.

    This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.

    Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.

    Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.

    So in a nutshell, they(IEEE-USA) are against H1B employees if they :

    1. Come here and stay here on GC.
    2. Come here and go back.
    3. Never come here but work for US companies and enable outsourcing.

    So the people who oppose all 3 of the above...like RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.

    Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.

    Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.



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  • unitednations
    08-02 12:29 PM
    245(i)/245(K) covers only upto 180 days(6 months) of out of status , the possible OOS issues are
    1.Overstay of I-94 card's date
    2.Unauthorized employment
    3.Staying without payslips (with some exceptions like Maternity,paternity,sick)

    http://www.murthy.com/adjsta.html click here for more info.

    USCIS will issue RFE/NOID and ask for explaination OR deny I-485 , I am wondering where this $1000 concept came from?? Correct me if I am wrong

    245k and 245i are two different things.

    245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.

    Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.




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  • skd
    12-29 03:10 PM
    I�ve heard some real whoppers in my life, but this one tops them all. I am sure your favroite movie is - Conspiracy Theory.
    Cheers!
    .

    funny



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  • Refugee_New
    01-07 03:54 PM
    Thank you so much for the information although I think I never asked about the trinity or salvation or the return of the messiah (only said the yearning for that return should not be used to justify one people displacing another and taking their land).. I respect jesus.. all muslims do.. let god deal with us for not accepting jesus as his son and just please stop using him as a scarecrow and leave Mohamed alone too..
    peace.

    bfadlia, i sent you a PM. Respond me when you have time.




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  • easygoer
    01-08 12:28 PM
    Rayyan,

    You are a highly skilled person. Think objectively:

    1. This thread is not immigration related. It is a non-immigration thread that admins allow just as a communication platform among people and has nothing to do with IV.

    2. People can have their opinions. You really can't stop. It becomes objectionable when it is personal. Then, you report as Abusive link and moderators will take actions. I have reported couple of abusive language posts in past and action was taken in very short time.

    3. Please don't mix issues. Your efforts for enlightening people about immigration issues are appreciated. You should not leave because couple of threads are running that you don't like.

    My 2 cents to you, to bfadlia and everyone.

    My requests to all "Please end this discussion immediately". This is hurting our own people. There are no bad religion and good religion. We have seen over the time period whenever any relgion allowed their religion heads to dominate politics and day to day life (including Hindu, Christian in the past), they have created havoc. Every religion experienced this in the past. Please repect other's religion feeling and stop it. Let's concentrate on our main issue of immigration all together.



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  • h1techSlave
    04-17 03:33 PM
    I also thought that pitching in the home buying by GC folks would make a great argument in front of law makers. But there was a very sensible posting by our spokes person Mark B.

    He said, he would not put home buying by GC folks as a main selling point for our cause. May be he will say this point as a half joke-half serious manner while discussing our core selling point. The core selling point being that the US is loosing talent by not giving us GCs in a timely manner.

    hi NKR,
    if you went for a townhome and you are happy then it is fine. I am sure you are a smart person and the main point is that you are happy where you are.
    personally I am looking for a bigger place in alpharetta (where prices did go up a lot and is coming down ..websites show that there are foreclosures and my view is that I will find better deals in a year or so). at the same time I am happy with my decision and am having a great time.
    I was giving examples of some of my friends who rushed to buy. atleast 2 of them are repenting now (since they bought it far away at v.high prices) ..and one of them is about to sell it after staying there for a year.
    the point that nojoke and myself were making is that speculators (and careless people - those who could not afford but bought it, realtors, brokers etc etc) have pushed the prices to bubble territory. things are going to get much worse before it becomes better in most locations. there is no doubt about this. The other reason that I (and I guess nojoke) posted so many links was in good faith. i.e. we didn't want the hardworking immigrant to throw his/her money in a rush. this would only help the speculators and the other irresponsible speculators.
    let me make one last point since this is immi / GC forum. I was trying to get more support for the idea to have a plan B (and I failed ..which is fine since I may get GC soon and I have a plan B for myself).
    I agree (And hope) that IV has a good plan A (writing to senators, fasting , flowers etc) ..what I tried to say was that we should work on plan B (and maybe plan C too). if I was a core IV member then at the very least plan B would have meant ..meeting (or emailing - wherever and whenever it is legal) realtors, brokers or even senators etc etc ...and in turn use their lobby to lobby for our cause. if all the IV members were to do this at their local level --then who knows ..this may work. it is certainly worth trying.
    from what I have read builders are big contributors to congress ..




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  • sanju
    04-07 01:54 PM
    I am talking about using a different standard for defining R&D. A standard similar to the one used for determining the R&D tax credit. A whole lot of companies other than pure research institutes are eligible for R&D tax credits. And there appears to be broad support for such a definition of R&D.

    http://www.nam.org/s_nam/sec.asp?CID=514&DID=512
    http://www.ieeeusa.org/policy/positions/researchcredit.html

    Let me guess, you work at a R&D facility, right? May be, looking for the best way to fit in your individual situation. No offense meant, however, I would request IV and its membership to have a bigger perspective in dealing whit this bill. Otherwise, 500,000 people will be systematically purged from US. And that includes most people waiting for their green cards.



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  • NKR
    08-05 04:34 PM
    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.

    Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.

    2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.

    If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.


    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.


    No, I will not waste time on giving you a red, looks like you are someone who wants to stoke more fire. Your new PD with only this post shows your true colors (red or green or whatever you call it)




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  • JunRN
    06-07 02:16 PM
    Again, we are not recommending against buying a house, which everyone should do at a point in our lives, but it's unsafe to bank on it, as a sound investment.

    That's true. We should not look at buying a house as a sound investment because it is really not. I bought a house for my own happiness and satisfaction of a living a nice life in my lifetime.

    What would I do with the tons of money invested somewhere else while I live in an apartment? Most probably, I would just spend it on vacation, travel the whole world, or probably lose some of the returns in buying a nice home at inflated price in the future.



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  • Refugee_New
    01-06 05:50 PM
    Israel is doing what is required of a nation when attacked. It is sad that innocent children are dying. But I do not see any better options left open for Israel. Offcourse they could have done what India does - whine for a few months, complain to every Tom, Dick and Harry and then shut up. But not every one is spineless.

    India has legitimate reason to attack pakistan or any terrorist camps in and out of pakistan. But our spineless leaders couldn't take any action on that. Its a shame on our leadership.

    But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?

    Don't you think they also deserve dignity? Don't you think they also live in peace and harmony? Don't you know their desperate situation? There's no electricity, no clean water, no drianage, nothing. Whole country is like a big prison. They are going thru this hardship for several decades. Everything was destroyed by the brutal force.

    We have seen Isreals brutal aggression year after year. Killing civilians and kids year after year. I don't know how much more blood they need??




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  • kutra
    07-14 07:30 AM
    I agree ..the letter can be improved but EB3-I should be allowed to express their frustration. This is a free country and I guess you can send letters.
    at the very least, EB3-I can hope that someone from USCIS tells what is the approximate future for EB3..so that those who are stuck there can take appropriate actions

    Sure, it is a free country. But I only hope the letter or words do not mention anything about IV. Reason being, if IV is not endorsing this campaign, then do not express yourself under the IV banner.

    IV is like a human body with all of us members being the different parts of the body. However, there should be one and only one mouth. And that should be consistent in the IV messaging. If IV core (which is surprisingly quite on this thread) is asking everyone to focus on the visa-recapture campaign, then that's what everyone should do.

    On a related note, a free country doesn't necessarily mean you can express yourself just because you want to. I can call anyone an idiot just because it's a free country, but everyone else can see who the real jerk is!

    Being an EB3-Indian myself (Oct 2003), I can only urge fellow EB3-Indians to think rationally and urge IV core to provide their thoughts.

    P.S.: Just think what a ridiculous thing you are asking for......"for USCIS to tell what is the approximate future for EB3"!! That's a joke! I don't know what my future will be GC or no GC. Why will I listen to USCIS who has been most trustworthy historically. And why would they want to make themselves liable to tell you what actions to take. As I wrote earlier, just because it's a free country, it doesn't mean, you can ask someone for anything irrationally!



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  • ssa
    07-14 09:16 PM
    I'm not from PERM. I got my labor approved the old way. In any case, this is far different from your own wording in the petition which implies *DOL* suggested that you apply in EB3. From you own post what happened was DOL rejected EB2 application and then the applicant re-applied in EB3. The very fact that PD could not be ported among the two applications shows that these two application were completely unrelated which again goes against your petition's stand there is no real difference between most of those stuck in EB3 backlog and EB2.

    I'm neither trying to split hairs here nor trying to pick a fight with you. All I'm trying to say if you are planning to send hundreds of petitions to government agencies like DOL and USCIS they better be factual and accurate or else we may end up inviting more troubles unintentionally. That's why the title "Devil is in the details"!

    Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..

    we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..

    :)




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  • unitednations
    03-25 07:10 PM
    send it to info at immigrationvoice.org and we can upload it.

    It is a known bug that we could not fix in the forum. Some members are unable to upload files.

    sent.




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  • Macaca
    02-01 08:17 PM
    House Democrats Trim Agenda (http://www.washingtonpost.com/wp-dyn/content/article/2008/01/31/AR2008013103857.html) Realities of a Slim Majority and Poor Economy Curb Their Ambition By Ben Pershing | washingtonpost.com, Feb 1

    WILLIAMSBURG, Jan. 31 -- A year ago, newly empowered House Democrats gathered here at the Kingsmill Resort for their annual retreat brimming with confidence. Before them was an ambitious legislative agenda and a determination to end or curtail the U.S. troop presence in Iraq.

    This time around, the hotel and golf courses are the same, but the song is markedly different. Gone is the talk of forcing President Bush to end the war, as is the impetus to pass a comprehensive immigration package and to stick to strict budget rules. Instead, Democrats are thinking smaller, much smaller.

    They hope to leave today with the beginnings of a scaled-down plan to pass a handful of bills in the House -- even if they cannot get through the Senate -- and build a case for November that Democrats have been productive enough to warrant at least another two years in the majority.

    "The agenda is, to some degree, a completion of the agenda that we started last year, as is usually the case in the second year of the Congress," said House Majority Leader Steny H. Hoyer (D-Md.).

    Presidential election years are traditionally slow on the legislative front, and Democrats have a narrow majority in the Senate. Even in the House, the 290 votes the majority needs to overcome any Bush veto usually are not there.

    Democrats may take their cue from the modest proposals in Bush's State of the Union address this week, which Hoyer called "thin."

    But that does not mean the party's to-do list is blank.

    Democrats need to pass a budget. They want to pass another energy bill. They would like to pump money into the Highway Trust Fund for road projects. They may reauthorize the No Child Left Behind education law. They have to push through appropriations bills.

    Democrats also have not given up on Iraq, though they do appear to be moving away from their so-far-unsuccessful strategy of tying troop withdrawal language to money for the war. Based on the comments of leaders here, any Iraq timeline language that moves this year will probably move separately from funding bills.

    And while Iraq was a huge topic of discussion at the 2007 retreat, the economy is the theme this time around. "That's what this conference is about, a four-letter word: J-O-B-S," said House Democratic Caucus Chairman Rahm Emanuel (Ill.).

    The House is waiting to see what the Senate does with the stimulus plan it passed this week, and a second package could be on the way soon.

    Of the House-passed stimulus bill, Hoyer said, "Our effort was not the perfect, but it was the possible, and that's what we're going to be focused on."

    The same could be said of the party's broader agenda.

    Technically, Democrats do not call this gathering a "retreat." It is an "issues conference." But the mood is not entirely serious.

    Emanuel loosened up the crowd at Wednesday night's dinner by showing a popular YouTube video -- "My kids found it," he explained -- of a teenage boy sitting in his room lip-synching a Will Ferrell impersonation of Bush. The assembled lawmakers roared along with the video.

    The attire is also decidedly casual. Some members are strolling around in jeans; others have gone for the menswear-ad blazer-and-khakis combination. A colorful array of sweaters has been on display; House Majority Whip James E. Clyburn (D-S.C.) met with reporters wearing a blue pullover emblazoned with "South Carolina. Smiling Faces. Beautiful Places."

    While Kingsmill offers a wide variety of spa treatments and "wellness" services, members here have a full schedule of panel sessions on weighty policy topics. They heard governors talk about state budgets and chief executives address the environment and infrastructure. A speech by Federal Reserve Chairman Ben S. Bernanke is the main event Friday.

    Clyburn, an avid golfer, lamented that he has been coming to Kingsmill for a decade for official functions but has never had the chance to hit the links -- often because of bad weather -- despite the presence here of four separate courses designed by such golf luminaries as Arnold Palmer and Curtis Strange.

    But Clyburn said he is determined to get out on the greens today. Right after that Bernanke speech.




    ssa
    07-14 02:13 PM
    About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?

    The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...




    ssa
    07-14 02:13 PM
    About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?

    The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...



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