schandwani
11-18 11:30 AM
Done!!
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diptam
07-04 09:58 PM
First of all - Stay away from X ( be it american/russian or whatever company)
From your post it seems like Y is a kind of better in behaviour, closer to Home
, wants to help you in GC ( FROM SCRATCH) but you dont want to pay for GC cost of 8000-9000 again ( what you wasted already ).
I'm not a legal counsel/mentor or lawyer but in mY opinion - You find a company Z which has similar criteria as Y but only additional criteria is they will bear the cost of your GC - Its not difficult to find such Z ( worst case they may ask you to sign a bond of 7-10K if you leave them 1 yr after GC) ....
After you get GC or EAD at hand you have lots of avenues open to tackle any bond that Z might have made you sign.
Does this helps ??
When I joined Company X (prior employer) I paid for H1b transfer fee and h1b renewal fee(total $3200 + $3000).
They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.
I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are
not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement
letter.They are ready to do corp-to-corp, for that I have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost. To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).
Shall I start green card again with company Y ?
Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.
From your post it seems like Y is a kind of better in behaviour, closer to Home
, wants to help you in GC ( FROM SCRATCH) but you dont want to pay for GC cost of 8000-9000 again ( what you wasted already ).
I'm not a legal counsel/mentor or lawyer but in mY opinion - You find a company Z which has similar criteria as Y but only additional criteria is they will bear the cost of your GC - Its not difficult to find such Z ( worst case they may ask you to sign a bond of 7-10K if you leave them 1 yr after GC) ....
After you get GC or EAD at hand you have lots of avenues open to tackle any bond that Z might have made you sign.
Does this helps ??
When I joined Company X (prior employer) I paid for H1b transfer fee and h1b renewal fee(total $3200 + $3000).
They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.
I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are
not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement
letter.They are ready to do corp-to-corp, for that I have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost. To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).
Shall I start green card again with company Y ?
Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.
clear485
08-18 01:21 PM
What are reasons .. as to why it cant be solved by lawsuit ?? Are u afraid that they might stop processing any I-485 applications for EB2-I until the lawsuit gets resolved ??
I'm ready to join in the law suit....
I'm ready to join in the law suit....
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gc_chahiye
10-08 01:17 PM
It already does, if you have an approved I-140 based on your LC.
with LC sitting in BEC for 5 years or more it does not. There are many many people I know whose PD could not be recaptured because of the insane amount of time LC certifications used to take. With PERM its a 5 month + 15 day (if I-140 PP is restored) thing; in my time (gosh I feel like an oldtimer now) it was a 4-5 YEAR wait for LC, then another year for I-140 (as there was no PP). And in 2001-2003 not all companies that sponsored LCs survived to see what came out of that process, and the sponsored employees were left with nothing.
with LC sitting in BEC for 5 years or more it does not. There are many many people I know whose PD could not be recaptured because of the insane amount of time LC certifications used to take. With PERM its a 5 month + 15 day (if I-140 PP is restored) thing; in my time (gosh I feel like an oldtimer now) it was a 4-5 YEAR wait for LC, then another year for I-140 (as there was no PP). And in 2001-2003 not all companies that sponsored LCs survived to see what came out of that process, and the sponsored employees were left with nothing.
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makemygc
08-01 12:25 PM
Dear all,
I was wondering if any one on this forum has filed his/her AOS with NSC and their case will be transferred to TSC (due to I140 approved from TSC) and has got the filing receipts yet?
My application (based on lawyer's email) should have reached NSC on July 2nd, but haven't got the checks cashed yet or got the receipts yet...
I was wondering that my case will most likely be transferred to TSC from NSC. I am thinking lot of guys are in same situation as me, but have you guys received any receipt yet?
Thanks and good luck!
yes several people are in this situation (including me) but haven't seen any checks cashed for any such case.
I was wondering if any one on this forum has filed his/her AOS with NSC and their case will be transferred to TSC (due to I140 approved from TSC) and has got the filing receipts yet?
My application (based on lawyer's email) should have reached NSC on July 2nd, but haven't got the checks cashed yet or got the receipts yet...
I was wondering that my case will most likely be transferred to TSC from NSC. I am thinking lot of guys are in same situation as me, but have you guys received any receipt yet?
Thanks and good luck!
yes several people are in this situation (including me) but haven't seen any checks cashed for any such case.
simple1
05-01 04:32 PM
Take this scenario.
Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.
So the diff
current primary @ebquota - 6 years minimum
current derivative @ebquota - 6 years minimum
correct primary @ebquota - less than 2 years approx ( one person in place of 3)
correct derivative @fbquota - say 7 years.
The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.
again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.
Remember this point: this is not change of law. this is the correct interpretation of law).
If it is not today some one will bring it up to CIS very soon.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.
So the diff
current primary @ebquota - 6 years minimum
current derivative @ebquota - 6 years minimum
correct primary @ebquota - less than 2 years approx ( one person in place of 3)
correct derivative @fbquota - say 7 years.
The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.
again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.
Remember this point: this is not change of law. this is the correct interpretation of law).
If it is not today some one will bring it up to CIS very soon.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
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Macaca
12-10 11:55 AM
Jimi
How can I have a foot note in my posts? Thanks.
He Is Banned!!
How can I have a foot note in my posts? Thanks.
He Is Banned!!
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ramus
07-03 12:56 PM
With your flowers, I think USCIS will be happy thinking that they did very good job in approving 60,000 visa in June.
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abq_gc
08-18 01:25 PM
NO LAWSUIT DISCUSSIONS PLEASE
Reason:
Lawsuit takes time , energy and substantial money.
You have to prove harm to the affected party due to the actions of the government.
It needs a champion.
then what do u wanna do.. another flower campaign ??? another rally ?? another email campaign ??
Reason:
Lawsuit takes time , energy and substantial money.
You have to prove harm to the affected party due to the actions of the government.
It needs a champion.
then what do u wanna do.. another flower campaign ??? another rally ?? another email campaign ??
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Chris Rock
08-09 09:41 AM
I agree with you 100%.
If you or any one else is planning to move forward with some plans for helping EB3 folks, expect some serious opposition to your efforts. Many EB3 folks themselves do not see any need for EB3 only actions.
A bunch of us talked to a lawyer regarding the INA and the initial reaction was not very encouraging. The lawyer was suggesting us to convert to EB2.
Hilarious.... Hilarious.....
1) EB2 with PD like 2007 and 2008 will certainly oppose. It is understandable. But why many EB3 folks themselves oppose it? Because they are with "looser mentality". EB3 folks, listen! No body cares about you. Then why do you care about other categories. Don't be a looser. Take care of your problem first.
2) The lawyer was suggesting us to convert to EB2. You bet. Dont you know why?
Most of the EB2 got their GC. The only loosers are EB3. With IV's reach it can easily help EB3. I told this many times before. But IV core is saying it will be very hard to even do a simplest releif measure. I simply do not understand. I hope and pray IV core will listen this time.
If you or any one else is planning to move forward with some plans for helping EB3 folks, expect some serious opposition to your efforts. Many EB3 folks themselves do not see any need for EB3 only actions.
A bunch of us talked to a lawyer regarding the INA and the initial reaction was not very encouraging. The lawyer was suggesting us to convert to EB2.
Hilarious.... Hilarious.....
1) EB2 with PD like 2007 and 2008 will certainly oppose. It is understandable. But why many EB3 folks themselves oppose it? Because they are with "looser mentality". EB3 folks, listen! No body cares about you. Then why do you care about other categories. Don't be a looser. Take care of your problem first.
2) The lawyer was suggesting us to convert to EB2. You bet. Dont you know why?
Most of the EB2 got their GC. The only loosers are EB3. With IV's reach it can easily help EB3. I told this many times before. But IV core is saying it will be very hard to even do a simplest releif measure. I simply do not understand. I hope and pray IV core will listen this time.
more...
punjabi
12-17 02:18 PM
Hi friend,
I understand your situation. You can do two things:
1. Watch a recent documentary movie "The Secret" (you can rent it from Blockbuster and Netflix)
2. Donate at least $100 to IV.
Good luck.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
I understand your situation. You can do two things:
1. Watch a recent documentary movie "The Secret" (you can rent it from Blockbuster and Netflix)
2. Donate at least $100 to IV.
Good luck.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
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desi3933
07-10 02:49 PM
I'm not saying that "H-1B job is permanent:" you're inferring again! I hold that *no* job in this country is "permanent" (legally speaking).
......
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
......
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
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mpadapa
08-18 04:16 PM
8 pages of little substance..:D
Problem: USCIS is not following FIFO
Why are they not following FIFO: Becoz they don't want to waste visa's. If I am USCIS what am I supposed to do. If I waste visa I get smacked. If I try to use up visa I get smacked ;) So what am I supposed to do with the limited resources:confused:
SOLUTION
Provide a provision for USCIS to automatically recapture unused visa's - this will give USCIS a buffer so that they don't act crazy in the last quarter - This provision already exists in HR 5882, this benefits everyone
Short Term - Gather a group of affected ppl and meet with USCIS and Immigration subcommittee chair's and present the issue and let Congress put pressure on USCIS to follow FIFO.
Note: My understanding is that USCIS is not doing any unlawful thing (guidelines aren't a law) by not following FIFO, but however it is unfair.
Best solution is HR 5882, it benefits everyone
It is a shame to see high-skilled folks stoop to such low-levels (EB2-3 fights) just to get a card. Please have basic etiquette - respect for fellow professionals. EB1/EB2/EB3 is just a classification based on job description, America needs every category, so please respect those category members. Every category is inter depended on each other. For example: don't tell me that an EB1/2 fellow doesn't require EB3 folks for his/her professional growth.
Please stop this EB1/2/3 category fights and focus on a long lasting solution to the retrogression problem.
Let us have a healthy debate to solve the problem rather than fighting over silly comments..
Problem: USCIS is not following FIFO
Why are they not following FIFO: Becoz they don't want to waste visa's. If I am USCIS what am I supposed to do. If I waste visa I get smacked. If I try to use up visa I get smacked ;) So what am I supposed to do with the limited resources:confused:
SOLUTION
Provide a provision for USCIS to automatically recapture unused visa's - this will give USCIS a buffer so that they don't act crazy in the last quarter - This provision already exists in HR 5882, this benefits everyone
Short Term - Gather a group of affected ppl and meet with USCIS and Immigration subcommittee chair's and present the issue and let Congress put pressure on USCIS to follow FIFO.
Note: My understanding is that USCIS is not doing any unlawful thing (guidelines aren't a law) by not following FIFO, but however it is unfair.
Best solution is HR 5882, it benefits everyone
It is a shame to see high-skilled folks stoop to such low-levels (EB2-3 fights) just to get a card. Please have basic etiquette - respect for fellow professionals. EB1/EB2/EB3 is just a classification based on job description, America needs every category, so please respect those category members. Every category is inter depended on each other. For example: don't tell me that an EB1/2 fellow doesn't require EB3 folks for his/her professional growth.
Please stop this EB1/2/3 category fights and focus on a long lasting solution to the retrogression problem.
Let us have a healthy debate to solve the problem rather than fighting over silly comments..
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v2neha
08-26 05:34 PM
Any one waiting near 6/18 ?
RD for my EAD is 6/18 - LUD on 6/25 - Status Pending
RD for my EAD is 6/18 - LUD on 6/25 - Status Pending
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02-15 10:53 AM
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sanhari
07-16 05:09 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
more...
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redcard
08-20 01:43 PM
Thanx to Libra, skidude, vkrishn, gkattalu, bindoke, andycool ....
I feel much better. These are trying times for sure.
Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.
For all those waiting for approval, its does help to find out if a visa number has been requested for your application. My understanding is that all the applications which are ready for adjudication are moved to a separate area and visa number is requested for those.Infact if you can find out (I think the guys at Infopass only have access to that information. Not sure if the level 2 service does) it helps. If a visa number has been assigned or requested for your application it will get approved.
I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.
I feel much better. These are trying times for sure.
Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.
For all those waiting for approval, its does help to find out if a visa number has been requested for your application. My understanding is that all the applications which are ready for adjudication are moved to a separate area and visa number is requested for those.Infact if you can find out (I think the guys at Infopass only have access to that information. Not sure if the level 2 service does) it helps. If a visa number has been assigned or requested for your application it will get approved.
I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.
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smuggymba
08-09 01:21 PM
Why fight among EB2 and EB3? EB1 should be also a part of this, that's what we are good at...right?
Is it fair that a EB1 from 2010 has a GC wheras an EB2 from 2005 is still waiting?
There is no reason people who are here from 1999, and still does not have a GC, for a person who is EB2- 2006 why USCIS give priority? Let EB2 and Eb3 category move hand in hand they already gave some relief to EB2, now they should move EB-3, people are waiting whose priroty dates are Year 2002, but if a EB-2 just came on 2007 gets Green Card that is unfair, One year gap is ok between Eb-2 & EB-3 but not 5 years.
I personally believe there are limitations for IV or any other organisation to influence the Political and Economic force that are existing in this world nowadays. Even if we lobby even if we talk, even if we gather, if those kind of forces are not benefitted in the form of votes(for power)(lobbying economically also depends on the personality of that person who you want to influence) nothing solid is going to happen. That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! As always appreciate the work and sacrifices IV is doing for the immigrant community. Due to family and Work commitments could not involve actively.
Is it fair that a EB1 from 2010 has a GC wheras an EB2 from 2005 is still waiting?
There is no reason people who are here from 1999, and still does not have a GC, for a person who is EB2- 2006 why USCIS give priority? Let EB2 and Eb3 category move hand in hand they already gave some relief to EB2, now they should move EB-3, people are waiting whose priroty dates are Year 2002, but if a EB-2 just came on 2007 gets Green Card that is unfair, One year gap is ok between Eb-2 & EB-3 but not 5 years.
I personally believe there are limitations for IV or any other organisation to influence the Political and Economic force that are existing in this world nowadays. Even if we lobby even if we talk, even if we gather, if those kind of forces are not benefitted in the form of votes(for power)(lobbying economically also depends on the personality of that person who you want to influence) nothing solid is going to happen. That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! As always appreciate the work and sacrifices IV is doing for the immigrant community. Due to family and Work commitments could not involve actively.
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yadav
08-29 10:04 AM
My I-140 was approved by NSC in feb 2007, and my I485 was delivered on aug 10 to TSC.
1. Does anyone think that my case might be transfered to NSC (since I140 was approved there).
2. Can i file for AP without getting recipt for 485 (instead of recipt i am planning to attach the fedex delivery notice)
3. Is there any way i can find whihc center is having my application.
1. Does anyone think that my case might be transfered to NSC (since I140 was approved there).
2. Can i file for AP without getting recipt for 485 (instead of recipt i am planning to attach the fedex delivery notice)
3. Is there any way i can find whihc center is having my application.
lord_labaku
01-30 03:09 PM
Mr are u going mad because ur wife didn't get H1. see I too have worked with F500 & F200 companies don't think that ur wife is better then all. My consultant told me that he has a job for me but because for this market companies have freesed there recruitments. So don't get pissed and good luck for ur wiefe's visa this year.
I don't know the solution to your problem. But I do know that there is a default spell checker when posting message. It highlights misspelled words that you can then right click & correct.
FYI.
I don't know the solution to your problem. But I do know that there is a default spell checker when posting message. It highlights misspelled words that you can then right click & correct.
FYI.
hindu_king
05-08 03:17 PM
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
Absolutely we should do it. It's going to be expensive but we should at least try to talk to a lawyer first and find out if this is winnable. Lawyers can quickly examine (for some hourly fee) and determine if indeed these Country Caps are a violation of US discrimination laws. If Lawyer says we got a point to argue then we can ask the lawyer what the costs are going to be to bring the lawsuit. Thats part 2 and thats a different story. If it's going to cost something like a 100,000 dollars, we can try to raise the money somehow. or maybe we can make it part of the law suit that if we win the case, the losing party will pay the legal fees. we need to talk to lawyers first about this issue and we can do it individually.
Absolutely we should do it. It's going to be expensive but we should at least try to talk to a lawyer first and find out if this is winnable. Lawyers can quickly examine (for some hourly fee) and determine if indeed these Country Caps are a violation of US discrimination laws. If Lawyer says we got a point to argue then we can ask the lawyer what the costs are going to be to bring the lawsuit. Thats part 2 and thats a different story. If it's going to cost something like a 100,000 dollars, we can try to raise the money somehow. or maybe we can make it part of the law suit that if we win the case, the losing party will pay the legal fees. we need to talk to lawyers first about this issue and we can do it individually.
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