Saturday, July 2, 2011

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  • cbpds
    07-28 02:49 PM
    what did that dumb O bama do with 60 senators and 260 congress democrats in the house-------GHANTA.......he is the most useless guy on earth....

    Indians always seem to think Democrats will help them but they are like our Indian politicians only, all promises no action


    Come the November Elections, Dems could lose 10 in Senate..

    And we are back to square one.

    Dejavu 2007/2008 ;

    If this happens, no bill will pass, leave alone Immigration Reform.

    Republicans will keep sending bills and Obama will Veto 'em.




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  • msp1976
    04-08 09:00 AM
    Would you???
    of course not....
    The provision defeats the purpose of whole whistle blower clause...




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  • unitednations
    03-24 07:56 PM
    http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf

    Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.

    Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).

    The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.

    USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.

    Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.

    Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.

    However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.




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  • Rolling_Flood
    08-05 08:35 AM
    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.

    So an employer cheating him into applying in EB3 is an honest way?



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  • suavesandeep
    06-26 03:05 PM
    Would you share what calculator are you using.

    I used one here:
    Mortgage Calculator - Bankrate.com (http://www.bankrate.com/calculators/mortgages/mortgage-calculator.aspx)

    Loan Amount: 600K (Note much less than million dollars)
    Period: 30 years fixed
    Interest Rate: 5% (On the lower side using historical averages)
    Monthly Payment: 3220.93

    Total Interest Paid across 30 years: 559,534.71

    In general the thumb rule is across 30 years you will always pay interest which is approx equal to the principal you signed up for.

    Am i missing something here ?



    Yes its not clear cut but lets replace your X, Y and others with numbers

    Suppose your rent is 1500$ a month

    You pay 540,000 $ in 30 years

    so your point 1 - the interest payment is always going to be less than rent if you look over the 30 year term of mortgage since there is no way to pay 540,000 dollars in interest in 30 years looking at the amortization table unless you are buying a million dollar plus house. ( I assumed 5 % rate of interest )




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  • sdrblr
    03-23 11:57 AM
    I just wanted to point out that please be careful of what personal information you give as this is a "Incoming Call" and it is hard to verify the authenticity of it.



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  • whoever
    04-07 06:51 PM
    yeah i think so it wont get through because i will tell you currently i work as a consultant for a very big company, fortune 500 company and they even work on projects for US govt. what does it make them -- not consulting company? they cant be prohibited from hiring ppl on H1 or hiring consultants on H1? the bill wont see the light of the day -- i am sure.




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  • chanduv23
    03-24 03:15 PM
    [QUOTE=ganguteli;329173]Unitednations,

    Ganguteli, it seems you are confusing two things at the same time.

    What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.

    It all depends on the IO who deals with your case.

    We can find tonnes of discrepancies if we want to with any case.

    Most of us here discuss consulting companies - but it is just not consulting companies that are suffering. Sometime back, TSC changed its original interpretation that MBBS is equivalent to masters degree and denied EB2 140s for Physicians from India. This has been or is being corrected.

    I had been doing some enquiring about h1b visas for physicians - and figured out that there are now a lot of issues - especially on interpretations of offer letter, type of institution, kind of work etc and a h1b petitions are also being denied for Physicians - and once again Attorneys are handling these issues.

    It is obvious that things are tightening up. So one must be potentially ready to face challenges and overcome them



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  • GCInThisLife
    07-19 02:17 PM
    UN,
    Sorry for sending the PM.

    This link was provided in another thread regarding H1B status. Not entirely sure what it means.


    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.




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  • Macaca
    12-28 06:45 PM
    �We hope that India will be the number one investor in Indonesia' (http://www.thehindu.com/opinion/interview/article1011658.ece) Interview with Mari Elka Pangestu, Indonesian Minister of Trade | The Hindu

    With politics taking precedence over �economics and trade� and India entering into a Free Trade Agreement (FTA) with the ASEAN bloc, commerce has become the new buzz word in intra-regional relations. India's ties with Indonesia, one of the biggest Asian democracies along with India, have grown stronger over the years. The Indonesian Minister of Trade, Mari Elka Pangestu, recently in India, talked to Sujay Mehdudia, about trade relations, commonalities among the two countries and giving a new fillip to the relationship during next month's visit of Indonesian President H. Susilo Bambang Yudhoyono to New Delhi.

    How would you define the relationship between India and Indonesia?

    India and Indonesia enjoy a very warm and �strategic partnership� in the region and this has grown by leaps and bounds over the last few years. The trade between the two nations has outgrown the set targets well before schedule showing the strong bond the two nations enjoy. In 2005, both the countries set a target of achieving $10 billion trade turnover by 2010 against $4 billion at that time. We have been able to achieve that target in 2008 and hope to end the 2010 fiscal with $12 billion trade turnover which speaks volumes about the complimentary nature of our people and economies.

    How do you see this graph progressing in future and what in your opinion should be done to give a new dimension to this relationship?

    As the global economy is still in the recovery stage and the Western countries are still grappling with various economic issues, this provides a huge opportunity to both India and Indonesia to capitalise on the situation. Both the nations need to have a more diversified basket of goods and services to take the economic partnership between both the countries to a new level. We need to set up more institutional mechanisms for Business to Business and Business to Government negotiations. As I mentioned, India-Indonesia trade has already touched $10 billion during January-October 2010 and could cross $12 billon by the year end. This target is likely to be doubled to $24 billion when President Susilo Bambang Yudhoyono visits India to be the chief guest at the Republic Day Parade on January 26 and also holds talks with Prime Minister Manmohan Singh.

    Although, the trade among the two economies has grown tremendously, people to people exchanges and international transport linkage remain an area of concern. What is your take on that?

    There have been some issues pertaining to direct links between the two countries but negotiations are on with the Indian counterparts to link Jakarta directly with major Indian cities. Tourism is another major area where Indonesia has much to offer to the ever growing outgoing number of Indian tourists. Efforts are on to have direct flights from Jakarta to New Delhi, Mumbai, Bangalore, Chennai and Kolkata. It is important that with growing trade, both the nations should provide easy access to their people and the business community at large.

    What are the potential areas of investment that Indonesia could offer to the Indian business community?

    There is an exponential growth in inter-connectivity in Indonesia and this is a huge potential market for Indian investors in this sector. Indonesia offers huge potential and opportunity in the automobile sector, textiles, engineering products � heavy machinery being a good area for cooperation � electronics, consumer products, processed and manufactured goods, pharmaceuticals, creative industry, mining, agro-based products, oil and gas, mining support services, rubber goods, infrastructure and real estate. We hope that India will be the number one investor in Indonesia in the next few years.

    How do view the visit of the Indonesian President to India?

    My visit to India is aimed at a follow-up on a number of bilateral issues as part of efforts to improve trade between the two countries and to prepare for the visit of the Indonesian President to India in early 2011. Mr. Yudhoyono would be in India to enhance the two countries' economic partnership. The joint study group on the Indonesia-India Comprehensive Economic Cooperation Agreement has already submitted its report and a final view is likely to be taken during the visit of the Indonesian President. A number of important bilateral economic and strategic agreements are likely to be signed during Mr. Yudhoyono's visit. We need to take it further to have a far-reaching and wide spectrum agreement for giving a new thrust to future bilateral trade, economic development and investment cooperation between the two countries.

    How does Indonesia view the global multilateral trade talks, also called the Doha Round, for the future of the global economic recovery?

    There is little doubt that the multilateral trade links in developing countries will be a significant driver of economic recovery and growth. There is a very strong call to safeguard the world trade system. We need a strong political will for that. I cannot emphasise enough the risk of a failure in a multilateral trading system for a developing country. We firmly believe that for the global economic recovery, it is important that the Doha Round be completed without any further delay and an equitable trading regime is put in place.

    What are your areas of concern where you feel that the Indian economy could open up?

    We strongly feel that India should open up its retail sector where Indonesia has a lot to offer through its own marketing chains. Similarly, banking is an area of lot of opportunity and that needs to be addressed by the Indian counterparts. We are hopeful that the India-Association of Southeast Asian Nations (ASEAN) agreement on services and goods would be put in place by March 2011 before the India-ASEAN summit. The ASEAN is in favour of 10 plus one formula whereas India wants a one plus 10 formula in this regard. We hope to convince India about the ASEAN stand which is unlikely to change. We hope India would see reason and is able to finalise the deal by March next year.


    Dhaka: fastest growing megacity in the world (http://www.globalpost.com/dispatch/asia/100831/bangladesh-megacities-part-one) GlobalPost



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  • GCwaitforever
    07-09 07:18 AM
    Employers dont just go around spending thousands of dollars on H1B fees and greencard fees to hire a guy with foreign accent if a native citizen was available. And they do not underpay them, because they HAVE to pay prevailing wages based on the wages determined by the Department of labor.

    Just wanted to let you know that the employer has to pay at least the prevailing wage for a starter to qualify the petition. The employer also has to pay a median wage to the H-1B holder that is commensurate with similarly qualified employees in the company. Otherwise the employer could be prosecuted for wage violations.

    Norm Matloff's figures are faulty because he measures only the prevailing wage as a yardstick which is the bare minimum for qualification. And then he claims H-1Bs are undercutting American employees. No wonder, if you make calculations with lower figures, on the average, H-1Bs look as if they are getting paid less than American employees. To get the actual picture, Norm needs to know actual wages of H-1B employees, which is not possible because not all employers divulge employee pay. As long as the figures can be taken to one's advantage, we always will have these critics running around with distorted graphs and figures.

    One reform Zazona.com should support and fight for in EB Greencards is making the application employee-centric, not employer-centric. Current procedure is in a way bondage to the employer, especially when USCIS takes a long time with multiple stages (read delays) that too not bothering about how long the application has been pending. If USCIS processing improves and they try to reach out to their customers, then a wait of one or two years for Greencard should not be an issue. Infact, I support instant GC proposal in that case.

    Regarding the claims of stealing jobs, I see tons of job advertisements weekly. Many of these ads specifically exclude non-sponsorship candidates (read H-1Bs). US citizens have a bigger market and better opportunities than H-1Bs. I am not sure how it is not possible for them to get jobs. As Logiclife mentioned, the unemployment rate is 2% in IT field. Perhaps people are not prepared to move to areas where jobs are growing. I can not specukate any more on that.




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  • bugmenot
    09-27 07:05 PM
    The immigration issue is controlled by the members of the senate and house, the president has little control over it, Bush has been pro immigration but that wasn't enough for him to get what he wanted, he couldn't even increase the h1b's that he kept publicly talking about.

    I doubt a democratic president would do any better.



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  • ssa
    06-23 05:32 PM
    I am shocked to see the HOA cost in CA, Why is HOA so high there, Obviously CA does not get snow like East coast for 4-6 months, so snow mowing and salt sprinkling(which is expensive) is ruled out.
    Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.

    Ironically it is not you who is ignorant but people who actually leave in CA (I'm one of them) and pay these steep prices. In CA and especially in silicon valley all prices related to real estate got de-linked from reality/any actual cost basis during the housing boom. The only reason HOAs or house prices are so high is because they could charge them and could still find buyers. Now CA has lowest credit rating of all 50 states and bay area has one of the highest unemployment rate. I could be wrong but to me it seems like house of cards...




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  • desi3933
    07-11 12:12 PM
    My wife (secondary applicant on I-485) started job 1.5 months after her H4 to H1 approval. She needed to wait for SSN and that took 1.5 months. Will that create any issue? I am planning to use AC21 to change job. Will that result in extra scrutiny?

    That should not cause any problems.

    On another note, one can start working as long as he/she has applied for SSN. One does NOT need ssn at hand to start working.


    _______________________
    Not a legal advice.



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  • StuckInTheMuck
    08-06 03:24 PM
    haha haha..man, cant let this thread disappear!
    bump bump!
    \/\/ dump dump \/\/




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  • nogc_noproblem
    08-28 11:12 PM
    A pair of gloves

    A young man wanted to purchase a gift for his new sweetie for Valentine's Day. As they had not been very long, it was very difficult decision. After careful consideration he decided a good gift would be a pair of gloves. Accompanied by his sister, he went to the store and bought the gloves. His sister purchased a pair of panties at the same time.

    The clerk carefully wrapped both items but in the process got them mixed up. The sister was handed the gloves and the young man got the panties.

    The young man mailed his Valentine's Day gift with the following note:

    "This special Valentines Day gift was chosen because I noticed you are in the habit of not wearing any when we go out in the evenings.

    These are a lovely shade, the lady I bought them from showed me the pair she had been wearing for the past three weeks and they were hardly soiled. I had her try yours on for me and they looked quite lovely.

    I wish I was there to put them on you for the first time; no doubt, other hands will come into contact with them before I have a chance to see you again.

    Just think how many times I'll be kissing them in the future. I hope you'll wear them Friday night for me.

    Love, Cuddle Bear

    p.s. The sales lady says the latest style is to wear them folded down with just a little fur showing."



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  • qasleuth
    03-23 04:51 PM
    Wow...that is a pretty harsh list. Is it possible for you to politely point out that you need to prove legal status from your last entry into the country on H1B and not go all the way back to 2000 giving contracts and all ?

    OK..people..the END OF SPECULATION..

    I got the email..here are the details asked for..

    and It appears, the email (@dhs.gov) came from someone who was working in the local office where our file is sitting..


    1. current resume
    2. copy of degree(s)
    3. W2s since 2000
    4. information relating to your first entry into the United States with your H1B visa (copy of I-94, copy of passport � admission stamp and biographic page, etc)
    5. date of initial employment in the United States (per our conversation this was through XXX Company for a contract with ABC Inc)
    6. copy of income tax returns from 2000 to the present (all that are available)
    7. copies of work contracts since 2000


    Now..should I send or hire a lawyer..what should be the best course..I have all details..except..work contracts from previous employers..currents one I can get

    Any suggestions please?:mad:




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  • abracadabra102
    12-27 08:35 PM
    My comments in green.
    I myself am originally from Mumbai so please dont doubt the deep sense of outrage that I feel. But amid all this talk about going to war, here are a few things to ponder

    1. Think about how long it takes to construct a single runway of an airport. In the developed countries, it takes about 2-3 years, for India safe to say 5-6 years. One of Paki's first responses would be take out entire airports not just runways. Can you imagine how long it would take us to recover

    This is not that easy. India has much larger air force and it is very likely that Pakistani air fields are destroyed before it can destroy all of India's air fields. Yes india will sustain some damage and Pakistan will suffer much greater damage as our air force is at least twice as large, and most of those shiny Pakistani F-16s can't fly for lack of spares.

    2. Why should India kill Pak when it is killing itself every day. At this rate, just imagine how long this country will last. Sitting back and being a spectator could just about be the best option

    A failed Pakistan state is not in our interest either. A rogue state on our borders is much more dangerous than a stable country. An India victory in an Indo-Pak war is likely to weaken pakistani military control over that country and restore proper democracy in Pakistan

    3. If we are outraged by 200 civilians/police/NSG dying, do we really have the stomach to absorb 1000s, lakhs ........

    Yes wars are terrible, but look at it this way. If we do nothing, it emboldens the terrorists attacking us. They keep on striking major metros at random and this will create a very unstable environment for investment and we will loose much of the economic momentum we gained the last few years. We will bleed slowly if we just wait and watch. This is the cost of doing nothing and may turn out to be costlier than going to war (provided we win it and it is reasonable to assume India is most certain to win this war).

    4. Talking of "surgical strikes" - surgical strikes on what? Even the dumbest terrorist knows that its probably not a good idea to be in a terror camp right now.

    I totally agree with you on this.

    5. Do we really want to unite all those crazy Punjabis, Balochis, Taliban and the Paki army

    They are already working together. I, for one, do not believe all that crap Pakistan has been feeding the world/US that they are fighting Taliban/terrorists/etc. It is all smoke and mirrors to save their skin. This is basically Mush's plan and worked wonderfully so far.

    6. Ok, what about assassinating Kayani. Wonderful, we have destroyed the last institution in Paki land. Get ready to welcome millions of refugees

    I know I know that I am not coming up with any good course of action, just pointing out the flaws in the rest of them. But thats all my layman's strategic vision gives me. Maybe with just 1/100th the cost of war, we can improve our border/maritime security and also our intelligence apparatus

    We should certainly improve intelligence apparatus and and start covert operations, but that alone may not be enough.

    Personally, I think war is going to happen. I just wish people even remotely understand what it is that they are asking for.

    Nice discussion. At least takes the mind of that Feb bulletin :D




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  • aadimanav
    07-14 05:43 PM
    Please participate in this non-controversial (EB1 vs. 2 vs. 3 and Row vs. Non-Row Compatible) campaign.

    http://immigrationvoice.org/forum/showthread.php?t=20190

    Thanks,




    Marphad
    03-26 04:44 PM
    Legal base employment candidates never had any representation as far as I know of until Immigration voice was formed. The other groups had some organized activity.

    From some of the postings I have seen from IV Core; I believe they know what they are doing. They seem to be getting right advice of when to go on offensive and when to be defensive.

    It is difficult for candidates/people who only have five to six years of history in this country to know how the system works here; ie., what arguments work and what arguments don't and what other side will do in ruining your credibility if they are pushed.

    Everyone wants their greencard and they try to find reasons which they think others will appreciate (whether they have much merit or not).

    Completely agreed.




    Macaca
    05-16 07:45 PM
    Some paras from Latino Groups Play Key Role on Hill (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/15/AR2007051502022.html) -- Virtual Veto Power in Immigration Debate By Krissah Williams and Jonathan Weisman (http://projects.washingtonpost.com/staff/email/krissah+williams+and+jonathan+weisman/), Washington Post Staff Writers, Wednesday, May 16, 2007

    After laboring in obscurity for decades, groups such as the National Council of La Raza, the Mexican American Legal Defense and Educational Fund, and the National Immigration Forum are virtually being granted veto power over perhaps the biggest domestic issue coming before Congress this year. Organizations that represent what is now the nation's largest minority group are beginning to achieve power commensurate with their numbers.

    "There's a real sense that the Latino community is key to the solution in this debate, so now they are reaching out to us more than ever," said Eric Gutierrez, lead lobbyist for the Mexican American Legal Defense and Educational Fund, or MALDEF. "Neither party wants to make a misstep politically."

    Such groups were practically in the room yesterday, maintaining contact as Democratic and Republican senators tried to hammer out a new immigration bill before a deadline set by Senate Majority Leader Harry M. Reid (D-Nev.) for today before he moved it last night to Monday. The contours began to emerge for a bill that would couple a tightening of border controls with a guest-worker program and new avenues for an estimated 12 million undocumented workers to work legally.

    Latino organizations know well that they have muscle to flex. A bill passed by the House last year that would have made illegal immigration a felony drove millions of Latinos into the streets in cities across the country last spring.

    Today, U.S. citizens of Latino descent, having eclipsed African Americans as the nation's largest minority, are far more organized and politically active. "We're not going to let them screw it up," said Brent A. Wilkes, LULAC's national executive director.

    LULAC, MALDEF, La Raza and the National Immigration Forum are part of a broad network of immigrant rights groups that hold nightly conference calls and strategy sessions on the legislation. The groups speak daily with top aides in Reid's and Kennedy's offices.

    The White House, well aware that immigration may offer President Bush his last best chance at a major domestic achievement for his second term, has worked hard to keep the groups on board, even as Bush has shifted to the right with a new plan that is tougher than the proposals he embraced last year.

    The White House held a meeting 2 1/2 weeks ago with Latino advocates, labor unions and civil rights organizations in which an adviser outlined an administration's policy based on increased border security and a temporary-worker program. Homeland Security Secretary Michael Chertoff and Commerce Secretary Carlos M. Gutierrez have also met with some of the groups.

    "At least they are paying attention to us," said MALDEF President John Trasvi�a.

    The groups have also made it clear to Republicans that they are willing to press hard this year.

    "Power is not handed over. To get your place at the table, you have to fight for it," Wilkes said.


    Membership + Funding + Lobbying + Patience = Chance of Success
    Anything else = Absolute failure


    Most people struggle with life balance simply because they haven't paid the price to decide what is really important to them.



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