amulchandra
02-01 06:48 PM
I am on H4 for the past 2years and this year I am trying to move to H1. The problem here is no big company responds to my resume.(Mine is not a cooked up resume. I have 6 years of experience and a lot of certifications). The only calls I get is from desi consulting firms. No US staffing firm nor BIG US firm sponsors H1s for first timers like me in US as we don't have US experience. They get their jobs done through consultants on Corp-Corp basis. Sometimes I am getting depressed seeing all this. May be I think I am forced now to go to a consulting firm to get my H1b because they are the only people who sponsor H1s in April to work in October which is 8 months from now. The system has to be revamped otherwise this system is going to exploit a lot of people like me. I cannot wait till we get a green card or work permit because it looks like it is a million years away from now. One thing I understood is that H4 dependents have no rights in this country and they talk about human rights violations elsewhere.
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geesee
01-16 05:18 PM
...
For GC holders I don�t know how you guys felt when you received your GC, I felt at that moment I got my citizenship.
...
Good one :)
I can certainly feel the tension that you shared in your story... recently we had few layoffs in our group...and i had to go thro the same.. more than GC, these days i am really waiting for some improvement in overall market...
For GC holders I don�t know how you guys felt when you received your GC, I felt at that moment I got my citizenship.
...
Good one :)
I can certainly feel the tension that you shared in your story... recently we had few layoffs in our group...and i had to go thro the same.. more than GC, these days i am really waiting for some improvement in overall market...
Ramba
07-09 07:44 PM
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
2011 can we get some nicki minaj
furiouspride
08-10 01:59 PM
I would be more than happy to help with whatever ideas you have on mind. Even if IV decides to create an exclusive EB3 fund, count me in for any monetary contribution.
more...
delhiguy
07-04 08:38 PM
I dont think lost GC numbers can be revived, After a Fiscal year is over the GC's are dead.
Don't see any light at the end of the tunnel...
How much numbers can we seek..to recapture from the lost EB numbers from previous years? 500,000?? There will be a hue and cry...new headlines "half a million cheap labor" etc.
Unless something like SKIL is passed only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.
Don't see any light at the end of the tunnel...
How much numbers can we seek..to recapture from the lost EB numbers from previous years? 500,000?? There will be a hue and cry...new headlines "half a million cheap labor" etc.
Unless something like SKIL is passed only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.
kumarc123
10-19 02:28 PM
Just imagine the cowardice of these people!. Online forums already have sufficient anonymity that you dont have to reveal your true name. Despite that people hide behind comment system to give reds (and tell things like "you suck" and what not). I hope the admins shut down this misused feature. Or make the system non-anonymous so that we can drag out these people and take up their comments in open forum.
Hello there,
I cant less concur to what you jsut said, if someone has something to say and critique , they can very well post their response or send a private message.
Anyways the focus is the campaign. Have we decided on what and when we should do this flower campaign?
I request all IV members, to please unite and do something, we all need to be mobile and create more awareness.
Have we all forgotten how much publicity we got in 2007? lets all wait till the election day is over and the right candidate is elected.
Then we should plan a rally.
I am lucky, because I work hard. We all can be lucky as well, all we need to do is, work hard on these rally's. A flower campaign, a rally and maybe someone earlier suggested the EB community should take one day off work and attend that rally. This way, they will understand our Importance
Hello there,
I cant less concur to what you jsut said, if someone has something to say and critique , they can very well post their response or send a private message.
Anyways the focus is the campaign. Have we decided on what and when we should do this flower campaign?
I request all IV members, to please unite and do something, we all need to be mobile and create more awareness.
Have we all forgotten how much publicity we got in 2007? lets all wait till the election day is over and the right candidate is elected.
Then we should plan a rally.
I am lucky, because I work hard. We all can be lucky as well, all we need to do is, work hard on these rally's. A flower campaign, a rally and maybe someone earlier suggested the EB community should take one day off work and attend that rally. This way, they will understand our Importance
more...
vparam
10-29 12:27 PM
Not wrong in hoping right :-)
2010 Nicki Minaj - Murda Mami#39;s 10
ramus
07-02 10:44 PM
100 more from tapukakababa
Accept my $100 contribution towards USCIS lawsuit done by AILA.
Accept my $100 contribution towards USCIS lawsuit done by AILA.
more...
desi3933
02-12 08:24 AM
The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
.....
Would you mind asking source/link for "another 13,000 shifted over"?
As per this link - family based numbers were totally used up for FY2008
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Family based visa used for FY2008 = 226,105 against 226,000 available.
I think it is important to understand and read what is being said.
I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?
______________________
Not a legal advice.
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
.....
Would you mind asking source/link for "another 13,000 shifted over"?
As per this link - family based numbers were totally used up for FY2008
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Family based visa used for FY2008 = 226,105 against 226,000 available.
I think it is important to understand and read what is being said.
I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?
______________________
Not a legal advice.
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FucTheGC
06-06 02:44 PM
My 485 packet went to Nebraska from where it was transferred to Texas. My I140 was approved from Texas too.
Mine is so similar to yours !! Jan 27 instead of Jan 29 and July 2 instead of Jul 13. VA instead of OH. Hope mine will get cleared soon. But God only knows when. :)
Mine is so similar to yours !! Jan 27 instead of Jan 29 and July 2 instead of Jul 13. VA instead of OH. Hope mine will get cleared soon. But God only knows when. :)
more...
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forever_waiting
02-11 05:17 PM
Just a friendly thought from a co-member, If you are motivated to attend the advocacy event, why dont you consider sponsoring your travel? We should try to keep the donated miles/hotel points for on-the-edge members who we will have to try convince at the last moment when we closer to April.
Motivated members who believe in this event should come forward and sponsor themselves and consider it as a contribution to the event. We are not doing anyone else a favor by travelling to DC - this is for our own good.
-Attending the advocacy day.
I will attend the event. I want someone to sponsor my airfare and stay.
Motivated members who believe in this event should come forward and sponsor themselves and consider it as a contribution to the event. We are not doing anyone else a favor by travelling to DC - this is for our own good.
-Attending the advocacy day.
I will attend the event. I want someone to sponsor my airfare and stay.
hot 2010. nicki minaj quotes.
tinku01
02-20 03:02 PM
these type of posts keep you moving with this GC Process. Mine is EB2 June, I hope it would also become current in coming months.:p
more...
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drak70
04-09 09:52 AM
Since you colleague friend is a doctor doing medical research , it is possible he might have been been harrased or it is possible the IO did him a favor by letting him in with 5 days I-94.
Medical researcher are usually on J-1 visa or H1B visa. Unlike companies these H1b visa are exempt from cap requirements and hence can have nearly any starting date.
..
I speak from personal experience some time back when a friend of mine lost his temporary faculty job in India but he had H1B visa valid for 15 more days. My US university offered to take him back on his visa.So he immediately flew back,and IO@POE@BWI asked him not to delay filing the extension.
..
Hence if the visa was expiring in 10-15 days then it was the IO who was generous because he let him in so that you can it renewed here.(J-1 extension is easily done by univ itself in one day,H1b extension is valid once the papers are filed with USCIS cand an be easily expedited).
Pappu, I also thought that these are rumors as there hasn't been a single instance where the person who was refused visa put up a post on IV [or other immigration message boards.]
But today morning, my colleague said that his friend was harassed by IO. My colleague's friend came to JFK last week and IO called the professor he was working with. [My colleague said he is a doctor, doing medical research here]. IO gave him I-94 expiring in 5 days and asked him to go back. I have asked contact details for his friend and I will make sure that he gets in touch with IV so that IV can do something about it.
Medical researcher are usually on J-1 visa or H1B visa. Unlike companies these H1b visa are exempt from cap requirements and hence can have nearly any starting date.
..
I speak from personal experience some time back when a friend of mine lost his temporary faculty job in India but he had H1B visa valid for 15 more days. My US university offered to take him back on his visa.So he immediately flew back,and IO@POE@BWI asked him not to delay filing the extension.
..
Hence if the visa was expiring in 10-15 days then it was the IO who was generous because he let him in so that you can it renewed here.(J-1 extension is easily done by univ itself in one day,H1b extension is valid once the papers are filed with USCIS cand an be easily expedited).
Pappu, I also thought that these are rumors as there hasn't been a single instance where the person who was refused visa put up a post on IV [or other immigration message boards.]
But today morning, my colleague said that his friend was harassed by IO. My colleague's friend came to JFK last week and IO called the professor he was working with. [My colleague said he is a doctor, doing medical research here]. IO gave him I-94 expiring in 5 days and asked him to go back. I have asked contact details for his friend and I will make sure that he gets in touch with IV so that IV can do something about it.
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CT_Green
04-10 11:41 AM
My PD is Oct 2003
Waiting for 485 approval. FP done. Have EAD.
Waiting for 485 approval. FP done. Have EAD.
more...
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greenlight
08-23 12:27 AM
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
Thanks, gc_chahiye, for your response.
I will discuss with my attorney.
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
Thanks, gc_chahiye, for your response.
I will discuss with my attorney.
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crystal
07-28 02:02 PM
Yawn ...
Adding to the rant ....
This country's once celebrated Individual Freedom has gone to the dogs after 9/11 with many screwed up bills like Patriot Act , FISA. First Amendment will cover our ass only to an extent...
my 2 cents .. if there is anything we all have to fight/wake up for then it is about individual freedom, not about religions/images/symbols/cartoons.
Adding to the rant ....
This country's once celebrated Individual Freedom has gone to the dogs after 9/11 with many screwed up bills like Patriot Act , FISA. First Amendment will cover our ass only to an extent...
my 2 cents .. if there is anything we all have to fight/wake up for then it is about individual freedom, not about religions/images/symbols/cartoons.
more...
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neelu
12-12 03:38 PM
I totally agree with you. That`s what I am saying too. I am glad that you got my point instead of refering me to INT. There are ways and we have to find out. I think core team should guide us in right direction
thx.
While I kinda agree, I think we should do our own research instead of asking core team to direct us for everything.
thx.
While I kinda agree, I think we should do our own research instead of asking core team to direct us for everything.
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dummgelauft
08-21 08:31 PM
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
1) Nobody is accusing of you being illegal. YOU ARE ILLEGAL
2) You have come to a public forum, seeking advice. That is exactly what you are getting. Go hire an attorney, but given your case (considerig that you have one!!) nobody will touch it.
(3) Everybody here has had their bio-metrics cleared, several time over. None of the people on this forum are criminals, but they have paid thousands of dollars in legal fees and still have not got their I-485 approved, so what do expect?
(4) USCIS has massive case backlog, so if you expected them to inform you of everything, at every step of the way, I am sorry, but please come out of your La La land.
(5) USICS knows where you live..hahah..you bet. Just wait for that know on the door. By the way, they WILL handcuff you and put you in the back of a police car.
(6) Bottomline, USICS follows the law (however bad or insane that law may be). According to law, you are here illegally and will be deported, sooner rather than later. If you are up for this, keep dreaming, else, get your stuff together and get your derierre back to Canada.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
1) Nobody is accusing of you being illegal. YOU ARE ILLEGAL
2) You have come to a public forum, seeking advice. That is exactly what you are getting. Go hire an attorney, but given your case (considerig that you have one!!) nobody will touch it.
(3) Everybody here has had their bio-metrics cleared, several time over. None of the people on this forum are criminals, but they have paid thousands of dollars in legal fees and still have not got their I-485 approved, so what do expect?
(4) USCIS has massive case backlog, so if you expected them to inform you of everything, at every step of the way, I am sorry, but please come out of your La La land.
(5) USICS knows where you live..hahah..you bet. Just wait for that know on the door. By the way, they WILL handcuff you and put you in the back of a police car.
(6) Bottomline, USICS follows the law (however bad or insane that law may be). According to law, you are here illegally and will be deported, sooner rather than later. If you are up for this, keep dreaming, else, get your stuff together and get your derierre back to Canada.
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NKR
10-20 09:40 AM
Do you all ever wonder why 1996 to 2000 was great and the economy never went to quite the 2000 levels? It is because of useless wars and getting the job shipped to other countries. That is the republican agenda. If you think you will have a better chance of green card under Republican rule, you are sadly mistaken. The economy will continue to go down, while there will be another Iran war to turn the attention from problems with economy. We need someone who can think clear and be steady. It doesn't matter if the republicans have pro immigration stance or not. The economy is going to dictate if companies are going to keep us employed here. You need to see the bigger picture..
I agree with you on this one. If you all think that GC is the only issue here, then go ahead and support Mc Cain. But if you all think that you are going to be here long term or planning on making this your home, then I think Obama is good for the country. Look where has the capitalism and free market has taken us today, nobody has a clue as to how to fix this mess, all this bail out solutions are just temporary and is pulling us further into debt trap. If there is a recession or a dollar collapse, your GC will not ensure your job.
Free market is good only for the top execs and big corporations. There should be some regulation so that they do not become irresponsible in their conduct of business. Without regulation, it is like letting a wild bull run in a china shop, it will knock everything in its way. Republicans policy is to take all the broken pieces of the china ware, put some adhesive on them and put them back on shelf, they do not want to reign in the wild bull unlike democrats.
I agree with you on this one. If you all think that GC is the only issue here, then go ahead and support Mc Cain. But if you all think that you are going to be here long term or planning on making this your home, then I think Obama is good for the country. Look where has the capitalism and free market has taken us today, nobody has a clue as to how to fix this mess, all this bail out solutions are just temporary and is pulling us further into debt trap. If there is a recession or a dollar collapse, your GC will not ensure your job.
Free market is good only for the top execs and big corporations. There should be some regulation so that they do not become irresponsible in their conduct of business. Without regulation, it is like letting a wild bull run in a china shop, it will knock everything in its way. Republicans policy is to take all the broken pieces of the china ware, put some adhesive on them and put them back on shelf, they do not want to reign in the wild bull unlike democrats.
chanduv23
02-18 10:07 AM
Guys,
1. I live in Cary and planning to drive to DC on Apr 04/05. Open to car pool.
2. I just came across this forum and made a small $50 donation. ( More later on how things work out) . I still don't have access to Donor forums. I did mail StarSun my unique#.
inputs appreciated.
Awesome, way to go. Invite your friends, bring your colleagues.
1. I live in Cary and planning to drive to DC on Apr 04/05. Open to car pool.
2. I just came across this forum and made a small $50 donation. ( More later on how things work out) . I still don't have access to Donor forums. I did mail StarSun my unique#.
inputs appreciated.
Awesome, way to go. Invite your friends, bring your colleagues.
snathan
03-11 09:19 PM
If we put the word H1B in the Visa Re-capturing bill, the bill would be doomed. As few have rightly pointed out, it would be taken out of context probably advertised and interpreted as increasing H1B visas.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
Before starting new fund raising...do you consider to contribute for the current drive.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
Before starting new fund raising...do you consider to contribute for the current drive.
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