desi3933
07-09 09:49 PM
Supreet:
...... As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary. You do *not* need to provide ant paystubs. ......
Supreet -
I strongly dispute that. I encourage you to consult an attorney before taking any action.
AC-21 job must be "permanent and full-time" just like I-140. Simple. Infact, please put your question in attorney forum and get it confirmed right there.
.
...... As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary. You do *not* need to provide ant paystubs. ......
Supreet -
I strongly dispute that. I encourage you to consult an attorney before taking any action.
AC-21 job must be "permanent and full-time" just like I-140. Simple. Infact, please put your question in attorney forum and get it confirmed right there.
.
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SGP
11-18 09:17 AM
These best and brightest people are idiots. On other website they blindly doing. Shows lack of brains. If sending email will get greencard, then all lobbyist to stop business and only run email company.
Blacktongue : There is no harm in trying. Leave no stone unturned. Chey Chey.:)
Blacktongue : There is no harm in trying. Leave no stone unturned. Chey Chey.:)
Pineapple
12-11 11:43 AM
I agree with eb3_nepa
The fact is that the biggest immediate issue facing the majority of people is Not a green card, it is that they cannot even file for it. Wasn't retrogression the whole reason why people joined IV? GC processing was always slow, and that was a big problem. But it only got to be a critical problem when people realized they could not change jobs and their spouses could not work due to the retrogression.
Let us focus on the low hanging fruits first.
....
a) Filing for stage 3 regardless of PD
b) Relief for people in the LC mess
c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)
... does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? ... Let us seriously think about this solution.
The fact is that the biggest immediate issue facing the majority of people is Not a green card, it is that they cannot even file for it. Wasn't retrogression the whole reason why people joined IV? GC processing was always slow, and that was a big problem. But it only got to be a critical problem when people realized they could not change jobs and their spouses could not work due to the retrogression.
Let us focus on the low hanging fruits first.
....
a) Filing for stage 3 regardless of PD
b) Relief for people in the LC mess
c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)
... does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? ... Let us seriously think about this solution.
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apt29
01-29 05:42 PM
thanks for the reply but i already accepted the employment with the employer who sponsored my H1B
H1 is valid for an year from the date of last used/Approval.
H1 is valid for an year from the date of last used/Approval.
more...
sanhari
07-19 04:08 PM
how to use the spillover is purely an USCIS decision. Only to use the spillover to avoid wastage is a law, which is already in place. Infact USCIS was not doing this top down approach on spill over few years ago, this is a new practice they are following since last Fiscal Year, so I strongly believe if Congressmen/women puts pressure/more request it can be changed to a fair application of visa spillover to benefit all that are in the queue for a long wait.
Let's please not start EB2 and EB3 fight again.
What I understand (and I am not a lawyer), is to change the current situation, law must be changed. Congressman can be helpful here, but only if there is going to be a change in law. A congressman can not simply call USCIS to change the way they do things. They must come up with legislative change that can then be followed by USCIS.
Now for any legislative change, there is resistance from CHC to let it pass as a small piece, rather they want more comprehensive approach. This issue is so complex and no political party or politicians are interested in opeing the can of worms.
Did you see O'Riely interview Sarah Palin?? She could not answer the question that was "yes or no" (I am not much impressed with her IQ any way...but that was one example).
Under current circumstances, the only two hopes for EB3 India are:
1. Port over to EB2.
2. Legislative change which effectively will mean immigration reform with good provisions for EB immigration.
What can we relay to our congressmen? (and we all should do it):
- Employment based immigration is good for the economic health of this country: it creates jobs, EB immigrants pay taxes, buy houses, they are educated etc.
- EB immigration is only a small fraction of immigration currently (I forgot the exact %, I believe it is 12%). And it carries "country cap" in the name of "diversity". However no such control exist for the majority of rest of immigration (88%) and so there is no diversity clause there....why is it only on EB immigration.
- EB immigrants pay a major portion of income to USCIS. While data is not availabe from USCIS, if we do the math (based on filing fees), it pays for > 50% of income of USCIS while it constitutes only 12% of their workload.
Bottom line:
- Increasing EB immigration can only bring prosperity to this country. If at all immigration needs to be curbed, it should be other areas where rest of 88% of immigration is occuring which may not be good for the country's economy.
- Increase the annual quota of EB immigration, remove the country cap, make it simple to attract more talent from the rest of the world.
- In fact anyone who completes masters of higher degree in STEM, should be oferred immigration benefit automatically.
Let's please not start EB2 and EB3 fight again.
What I understand (and I am not a lawyer), is to change the current situation, law must be changed. Congressman can be helpful here, but only if there is going to be a change in law. A congressman can not simply call USCIS to change the way they do things. They must come up with legislative change that can then be followed by USCIS.
Now for any legislative change, there is resistance from CHC to let it pass as a small piece, rather they want more comprehensive approach. This issue is so complex and no political party or politicians are interested in opeing the can of worms.
Did you see O'Riely interview Sarah Palin?? She could not answer the question that was "yes or no" (I am not much impressed with her IQ any way...but that was one example).
Under current circumstances, the only two hopes for EB3 India are:
1. Port over to EB2.
2. Legislative change which effectively will mean immigration reform with good provisions for EB immigration.
What can we relay to our congressmen? (and we all should do it):
- Employment based immigration is good for the economic health of this country: it creates jobs, EB immigrants pay taxes, buy houses, they are educated etc.
- EB immigration is only a small fraction of immigration currently (I forgot the exact %, I believe it is 12%). And it carries "country cap" in the name of "diversity". However no such control exist for the majority of rest of immigration (88%) and so there is no diversity clause there....why is it only on EB immigration.
- EB immigrants pay a major portion of income to USCIS. While data is not availabe from USCIS, if we do the math (based on filing fees), it pays for > 50% of income of USCIS while it constitutes only 12% of their workload.
Bottom line:
- Increasing EB immigration can only bring prosperity to this country. If at all immigration needs to be curbed, it should be other areas where rest of 88% of immigration is occuring which may not be good for the country's economy.
- Increase the annual quota of EB immigration, remove the country cap, make it simple to attract more talent from the rest of the world.
- In fact anyone who completes masters of higher degree in STEM, should be oferred immigration benefit automatically.
brainpower1
06-11 11:50 AM
My attorney asked just to give one cheque for $745 each for myself and my spouse for I-485, I -131 and I-765. Our applications will be filed today.
Is this OK. Will all the 3 receipt numbers be printed on the back of one cheque. Please let me know if anyone of you have done the same. Thank you.
Is this OK. Will all the 3 receipt numbers be printed on the back of one cheque. Please let me know if anyone of you have done the same. Thank you.
more...
alisa
09-14 10:43 AM
What do you guys think about ROW EB3? Any chance for them folks or are they SOL as well?
I am not sure what SOL stands for.
But I can assure you that EB-3 ROW has very little hope. My estimate was that EB3-ROW's wait times were around 5-6 years.
But now, I have a feeling, that its going to be more like 10+ years. And 10+ years is a long time. Some sort of reform will happen in the next five or six years, and even that reform is not likely to get us greencards, since it may emphasize the family-based applicants.
I am not sure what SOL stands for.
But I can assure you that EB-3 ROW has very little hope. My estimate was that EB3-ROW's wait times were around 5-6 years.
But now, I have a feeling, that its going to be more like 10+ years. And 10+ years is a long time. Some sort of reform will happen in the next five or six years, and even that reform is not likely to get us greencards, since it may emphasize the family-based applicants.
2010 Sea Sharks
trueguy
07-28 12:47 PM
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
You already see that happening. EB2-ROW with PD as early as Jan 2008 are getting approved. So they get their GC in less than 8 months (including all the stages).
EB3-ROW will never be current and hence no spillover to EB3-I. EB3-I is screwed up royally. EB3-I will get 3000 visas per year and that will not help move PD by one month even.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
You already see that happening. EB2-ROW with PD as early as Jan 2008 are getting approved. So they get their GC in less than 8 months (including all the stages).
EB3-ROW will never be current and hence no spillover to EB3-I. EB3-I is screwed up royally. EB3-I will get 3000 visas per year and that will not help move PD by one month even.
more...
gondalguru
07-31 11:19 PM
EAD renewal applied for self / spouse
TSC
Received date 07/07/2008
Waiting for approval
I will be current in August 2008.
TSC
Received date 07/07/2008
Waiting for approval
I will be current in August 2008.
hair Sea Wallpaper
hebbar77
09-13 09:34 PM
I agree to the point that: we pay for unemployment , SS tax etc when we ourselves are not eligible for any of that if we continue on H1, in fact we are supposed to exit this country when we loose job!!!
what a joke...
also did u see this in history:
when europeans came here abt 500 years back, natives did not welcome them nor liked them. Now legal immigrants are coming , and you know how they are treated!!
so I guess system is behaving like normal. Its upto us to fight the system...
by demanding GC , we(for us and our generations) are asking for right to apply for citizenship, ultimately a right on the resource of this country(all resources including natural resource). So there has got to be fight/effort to get it. It will not come just doing what we do for living.
what a joke...
also did u see this in history:
when europeans came here abt 500 years back, natives did not welcome them nor liked them. Now legal immigrants are coming , and you know how they are treated!!
so I guess system is behaving like normal. Its upto us to fight the system...
by demanding GC , we(for us and our generations) are asking for right to apply for citizenship, ultimately a right on the resource of this country(all resources including natural resource). So there has got to be fight/effort to get it. It will not come just doing what we do for living.
more...
reddymjm
06-09 09:13 AM
got receipt notice dated 6th of june for 140 premium processing and got call from employer on 8th of june evening saying the case has been approved. approved in less than 3 days.
What service center was it from? Was it a concurrent filing of I140 and 485?
What service center was it from? Was it a concurrent filing of I140 and 485?
hot ship in sea Wallpaper
manja
11-17 03:39 PM
Done for TX. Thanks!
more...
house a wallpaper with a sea dragon
acecupid
07-03 02:31 PM
I understand the pain you are going through... but we do not want to sound pissed! Just a simple best wishes will put our message through (if done by enough people). It burns no bridges... and it can attract the media... we want to shame them not ourselves!
We dont want the morons to think we are appreciating their work. If we are not clear in our message it doesnt make sense to send the flowers. Its not going to burn any bridges in my opinion. There was no bridge in the first place :):D
We dont want the morons to think we are appreciating their work. If we are not clear in our message it doesnt make sense to send the flowers. Its not going to burn any bridges in my opinion. There was no bridge in the first place :):D
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delhiguy
07-07 08:44 AM
What about the applications received before release of bulletin?
When DOS doesnt have a Immigrant Visa available , its just not available.
DOS made it effective 2nd ,
"Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
USCIS by law cant accept any applications effective 2nd.
People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?
Sir , we are screwed, thats doesnt mean a law is broken
We need the legislature intervention to make the limit higher.
When DOS doesnt have a Immigrant Visa available , its just not available.
DOS made it effective 2nd ,
"Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
USCIS by law cant accept any applications effective 2nd.
People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?
Sir , we are screwed, thats doesnt mean a law is broken
We need the legislature intervention to make the limit higher.
more...
pictures Wallpaper Sea Rock
hopefulgc
10-09 10:57 AM
People,
no offense .. but what kind of crack are we all on?
what ever happened to queuing theory?
Visa number assignment is a classical queuing case that can be solved even by a newborn who fires a projectile pee without warning.
and yes as long as we are all stating what we want..
I want three parle-g biscuits with garma garam chai.
It would be more effective if not effecient. You need not wait until the year end to issue visas, visas can be issued using a mathematical model which would allow old PD filers to get a visa ahead of others as soon as his case comes in and other criterias are fullfilled. Basically no one needs to wait for filing I485. People with old PD will get visa numbers first as soon as they enter the application.
no offense .. but what kind of crack are we all on?
what ever happened to queuing theory?
Visa number assignment is a classical queuing case that can be solved even by a newborn who fires a projectile pee without warning.
and yes as long as we are all stating what we want..
I want three parle-g biscuits with garma garam chai.
It would be more effective if not effecient. You need not wait until the year end to issue visas, visas can be issued using a mathematical model which would allow old PD filers to get a visa ahead of others as soon as his case comes in and other criterias are fullfilled. Basically no one needs to wait for filing I485. People with old PD will get visa numbers first as soon as they enter the application.
dresses Blue Sea Wallpaper
tonyHK12
02-26 01:42 PM
thanks hopefullegalimmigrant, n_2006, kunjirs for your contribution.
I haven't added the amount from hopefullegalimmigrant now (missing). Also recurring donations won't be added to this total
Total Contributions............$9,725.00
Amount to be raised........$40,275.00
.
I haven't added the amount from hopefullegalimmigrant now (missing). Also recurring donations won't be added to this total
Total Contributions............$9,725.00
Amount to be raised........$40,275.00
.
more...
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eb3_nepa
08-13 02:19 PM
This is the latest USCIS scheme (read SCAM)!!
Accept everything but issue notices at a snail's pace citing the "fee increase" as the reason for "front log" (btw what the heck is a FRONT LOG???)
Until you dont receive the notices you cant avail of the benefits anyways. In the meantime, without any notice they change processing times and take away interim benefits as they see fit.
Correct me if i am wrong but is the situation improving or getting worse?
Accept everything but issue notices at a snail's pace citing the "fee increase" as the reason for "front log" (btw what the heck is a FRONT LOG???)
Until you dont receive the notices you cant avail of the benefits anyways. In the meantime, without any notice they change processing times and take away interim benefits as they see fit.
Correct me if i am wrong but is the situation improving or getting worse?
girlfriend Sea Mist
pallavan
09-24 07:10 PM
:eek: what is absurd is your thought process! :eek:
Stay in line buddy, your system abuse propaganda is only going to bite you back. Dont forget you are in the same category :D
I am moderately amused by your usage of the phrase "Stay in line" :)
The ones who are not staying in line and cutting ahead are the EB3 folks who are porting to EB2 ! Their line is the EB3 line. But they want to cut into the EB2 line whenever convenient. Atleast thats how most EB2 (and EB3) folks perceive the PD porting process.
There, does that explain it in your own terms ?
Stay in line buddy, your system abuse propaganda is only going to bite you back. Dont forget you are in the same category :D
I am moderately amused by your usage of the phrase "Stay in line" :)
The ones who are not staying in line and cutting ahead are the EB3 folks who are porting to EB2 ! Their line is the EB3 line. But they want to cut into the EB2 line whenever convenient. Atleast thats how most EB2 (and EB3) folks perceive the PD porting process.
There, does that explain it in your own terms ?
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mmanurker
07-20 11:42 AM
Dear Members
For those of you joining us late, here is some info about this thread.
1. This is to do our least part to the core IV Team for their selfless sacrifice, for all of us getting the benefits of legal immigration. Note that , Aman Kapoor , the co-founder of IV has done his part by sacrificing $64,000/- from his own personal funds towards the administrative costs of IV. Yes you read it right , it is $64,000/- We come to know from his co-worker that he has sold his house towards running this show for us.
2. We have not yet figured out a way to reimburse these costs as IV does not yet have administrative costs part of the expenditure allocation, as we understand it. So instead of a wait and watch, we decided to go ahead with collecting the pledge from the members on the amount they are putting forth for reimbursing the amount. Once we come up with a strategy(members we look for your suggestions on how to get this done, please add your comments) we will instruct the members pledged to pay out.
So do not pay it directly to the IV core funds, yet.
Please help us spread the message about this thread in other threads by copy and pasting the following in other threads too.
There is a funding drive in this other thread towards reimbursing Aman and other core IV member's expenses towards the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
Thanks
Anzer
Pl. count me in....I pledge $100 towards Aman's expense re-imbursement.
Pl. let me know how to send the amount coz your post clearly says
"do not pay it directly to the IV core funds, yet"
(so far contributed $100 to IV)
For those of you joining us late, here is some info about this thread.
1. This is to do our least part to the core IV Team for their selfless sacrifice, for all of us getting the benefits of legal immigration. Note that , Aman Kapoor , the co-founder of IV has done his part by sacrificing $64,000/- from his own personal funds towards the administrative costs of IV. Yes you read it right , it is $64,000/- We come to know from his co-worker that he has sold his house towards running this show for us.
2. We have not yet figured out a way to reimburse these costs as IV does not yet have administrative costs part of the expenditure allocation, as we understand it. So instead of a wait and watch, we decided to go ahead with collecting the pledge from the members on the amount they are putting forth for reimbursing the amount. Once we come up with a strategy(members we look for your suggestions on how to get this done, please add your comments) we will instruct the members pledged to pay out.
So do not pay it directly to the IV core funds, yet.
Please help us spread the message about this thread in other threads by copy and pasting the following in other threads too.
There is a funding drive in this other thread towards reimbursing Aman and other core IV member's expenses towards the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
Thanks
Anzer
Pl. count me in....I pledge $100 towards Aman's expense re-imbursement.
Pl. let me know how to send the amount coz your post clearly says
"do not pay it directly to the IV core funds, yet"
(so far contributed $100 to IV)
Powersa
07-08 10:40 AM
even if AILF wins in say 2 years:
0. there are people with 2006/2007 India PDs, for whom I-485 filing is going to take 4 years or so, and this ruling, even if it comes in 2 years, cuts down the time by half!
1. USCIS wont f@ck with future generations the way they did with us. We wont have to eye the VB with suspicion everytime its published.
2. Its delayed, but its atleast justice and puts blame where it should lie. If this goes unchallenged, then essentially what USCIS did would be right/correct when people look back on this.
Precisely. Hopefully it will lead to some positive things for "future us".
0. there are people with 2006/2007 India PDs, for whom I-485 filing is going to take 4 years or so, and this ruling, even if it comes in 2 years, cuts down the time by half!
1. USCIS wont f@ck with future generations the way they did with us. We wont have to eye the VB with suspicion everytime its published.
2. Its delayed, but its atleast justice and puts blame where it should lie. If this goes unchallenged, then essentially what USCIS did would be right/correct when people look back on this.
Precisely. Hopefully it will lead to some positive things for "future us".
aquarianf
04-24 11:29 AM
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
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