alterego
10-04 05:50 PM
I have seen all sorts of posting on both this forum as well as others supporting the process of labour substitution.
This issue needs careful analysis. Just as a knife can be used for a useful purpose of slicing bread, but also for the criminal purpose of committing homicide, so can the LC be used by the employer to truly get a desperately needed skilled employee or to sell it to the highest bidder.
In the former case it is appropriate whoever the beneficiary and however recently he has arrived. In the latter scenario it is neither fair nor appropriate.
Much of the problem as I see it here is on the basis of the basic abuse in the system. In my view this provision in the immigration law leads to more abuse on the part of employers, lawyers and opportunist immigrants. All this to the detriment of fair minded law abiding immigrants.
I have wrestled with this issue a lot. In my situation, I am in a situation of relative comfort. I have an approved 140 in a very stable job with pending 485s for me and my wife albeit with very recent PDs which I am not about to see become current for years in the current scenario.
My wife is in an area of quite good demand where there are all sorts of substitute labours floating about. Technically, I could have her take the gamble with the security and back up my situation provides.
Yet I have not done so (to date). Yet I am not foolish enough to make any long term bets either. I am an idealist but also a realist. I have much to gain or potentially lose by the scrapping of this provision. Hence I consider myself neutral and able to take a neutral view on this issue.
My feeling is this thing is wrong as it currently stands. Yet I will not promise not to use it if the powers that be are stupid enough to let is stand as it is currently stated.
That is my best asssessment of this situation.
This issue needs careful analysis. Just as a knife can be used for a useful purpose of slicing bread, but also for the criminal purpose of committing homicide, so can the LC be used by the employer to truly get a desperately needed skilled employee or to sell it to the highest bidder.
In the former case it is appropriate whoever the beneficiary and however recently he has arrived. In the latter scenario it is neither fair nor appropriate.
Much of the problem as I see it here is on the basis of the basic abuse in the system. In my view this provision in the immigration law leads to more abuse on the part of employers, lawyers and opportunist immigrants. All this to the detriment of fair minded law abiding immigrants.
I have wrestled with this issue a lot. In my situation, I am in a situation of relative comfort. I have an approved 140 in a very stable job with pending 485s for me and my wife albeit with very recent PDs which I am not about to see become current for years in the current scenario.
My wife is in an area of quite good demand where there are all sorts of substitute labours floating about. Technically, I could have her take the gamble with the security and back up my situation provides.
Yet I have not done so (to date). Yet I am not foolish enough to make any long term bets either. I am an idealist but also a realist. I have much to gain or potentially lose by the scrapping of this provision. Hence I consider myself neutral and able to take a neutral view on this issue.
My feeling is this thing is wrong as it currently stands. Yet I will not promise not to use it if the powers that be are stupid enough to let is stand as it is currently stated.
That is my best asssessment of this situation.
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snathan
01-13 08:13 PM
My take is BODY SHOPPING is killed.
H1Bs can work at direct employer or as an employee of direct vendor at off site.
No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.
Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..
My take is Infy, TCS are the biggest theives. if you work with the client, you never know when the will show the door and promptly cancel the H1B. Ideally USCIS should target the big fish and their flithy L1
H1Bs can work at direct employer or as an employee of direct vendor at off site.
No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.
Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..
My take is Infy, TCS are the biggest theives. if you work with the client, you never know when the will show the door and promptly cancel the H1B. Ideally USCIS should target the big fish and their flithy L1
byeusa
07-11 01:00 AM
Don't worry. SSA would be broke by then. and then the dollar would have devaluated by another 50%. Healthcare for the masses is a failure, immigration policy is a failure, schooling system is failing in majority of the nation, rampant violence with kids shooting in the schools, is any think that is right in this society? Glorification of Paris Hilton on CNN continously, Britney Spears in the news on front pages of the magazines.. how much more trashy can it be?
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poorslumdog
09-04 12:26 PM
Pappu,
You should have guts to reveal the ID of this Insider who is misusing his power to expose personal details of IV members.....Is this what what you mean maintaining confidentialty of Individual members????
You and me are just another free loaders. What IV is going to lose if move out. add some value before you start threatening.:D
You should have guts to reveal the ID of this Insider who is misusing his power to expose personal details of IV members.....Is this what what you mean maintaining confidentialty of Individual members????
You and me are just another free loaders. What IV is going to lose if move out. add some value before you start threatening.:D
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srikondoji
06-26 12:32 PM
nope. The august bulletin which gets released mid july didn't get into our arguements at all. We were specifially talking about july filers and july month.
Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.
That's what your lawyer said. Right?
Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.
That's what your lawyer said. Right?
snram4
01-15 08:40 PM
USA was like that for past 100 years. Many times Protectionist bills were passed and many times they were relaxed in past. There will be impacts but it will not bring down the country just because they block a few thousand H1bs. If USA needs to go down there should be some other alternative country should come up relative to that level. India and china have a potential but nowhere near to that for now as they so much dependent on USA and dollar.
Then USA become USSR and go down the toilet....
Then USA become USSR and go down the toilet....
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_TrueFacts
09-04 01:39 PM
You dont even talk about my village even in your dreams.. Our village is much happier than before 5 years.. Its all becuase of YSR did for our village.
What did he do?
What did he do?
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rsharma
09-23 10:10 AM
Asking for exemption from quota will cause this proposal to fail. My suggestion:
Of the 10,000 available visas per year for EB5, only about 3k to 4k are being used. How about if one buy a house and give a minimum $100,000 cash payment (not credit in US), he will get a temporary greencard from the EB5 visa pool. If after 2 years, the house is occupied and owned by the same person without problems with credit, he will get a permanent GC. This is on top of meeting the requirements of the category he is in.
Sorry for bringing EB5 in my comments.
This is just my opinion.
I totally suppor this idea. This shows that we can use our innovation to bail out US economy and we try our level best to help the country we have selected to make our home. As the saying goes - A friend in need is a friend in deed. So a citizen(LPR or to-be-LPR who helps) in need is a citizen in deed.
Earlier most of the time we used to cry about our problems - like wife not able to work or we are stuck in the same job and not able to get promotion.
I do not think anyone cares if our wife does not work or we do not get promotions.
People would care if we are able to show that giving us GC would help them in any way.
So this is one of the best way to show that we would be able to help our part to bring up the economy.
Thus I myself endorse this idea. Thanks Nixstor for putting forward this innovative idea to show that we all love USA and want this country to be economically strong.
Of the 10,000 available visas per year for EB5, only about 3k to 4k are being used. How about if one buy a house and give a minimum $100,000 cash payment (not credit in US), he will get a temporary greencard from the EB5 visa pool. If after 2 years, the house is occupied and owned by the same person without problems with credit, he will get a permanent GC. This is on top of meeting the requirements of the category he is in.
Sorry for bringing EB5 in my comments.
This is just my opinion.
I totally suppor this idea. This shows that we can use our innovation to bail out US economy and we try our level best to help the country we have selected to make our home. As the saying goes - A friend in need is a friend in deed. So a citizen(LPR or to-be-LPR who helps) in need is a citizen in deed.
Earlier most of the time we used to cry about our problems - like wife not able to work or we are stuck in the same job and not able to get promotion.
I do not think anyone cares if our wife does not work or we do not get promotions.
People would care if we are able to show that giving us GC would help them in any way.
So this is one of the best way to show that we would be able to help our part to bring up the economy.
Thus I myself endorse this idea. Thanks Nixstor for putting forward this innovative idea to show that we all love USA and want this country to be economically strong.
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sainwa
08-17 01:32 PM
has any one thought why did this happened at the same time when he is making a movie about a "Khan in US"?
See the things behind. he made fool of every body , CNN, media, US Immigration, you and me and got a publicity which he could have not gotten by spending millions of dollars in marketing the films.
and guess what? this was for free and he is in headlines in national news paper.
I think he wanted this to happen to get publicity for this upcoming film, now see after this incedent you, me and all of us know about this forthcoming film and will be eager to watch it.
See the things behind. he made fool of every body , CNN, media, US Immigration, you and me and got a publicity which he could have not gotten by spending millions of dollars in marketing the films.
and guess what? this was for free and he is in headlines in national news paper.
I think he wanted this to happen to get publicity for this upcoming film, now see after this incedent you, me and all of us know about this forthcoming film and will be eager to watch it.
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praveenuppaluri
04-01 03:18 PM
Azhar visited your post and joined congress.. he is contesting from Hyderabad...
what have you done gcdreamer05 :D
can you wish all of us quick GCs too.. looks like your dreams are powerful !!!
If Imran khan has come in to politics why not Azharuddin ?
what have you done gcdreamer05 :D
can you wish all of us quick GCs too.. looks like your dreams are powerful !!!
If Imran khan has come in to politics why not Azharuddin ?
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jchan
07-25 10:55 AM
IMO, both arguments and are valid as far as speculations are concerned. It all depends on perspective. In this thread, we are focusing on statistics and calculations. I my self did lot of calculations. However, objectively looking at Ron's comments, it appears like his concern and underlying message is what if USCIS won't adjudicate enough numbers and wastes visa numbers as it did lot of times. He is basing his prediction on years of experience. With recent pressure on DOS/USCIS to use visa number, I think, they are making an attempt to use up all numbers and that will definitely bring life to our calculations. But what If they do not do that.....and their 'target' is a low number.
Well, we are talking about 'cutoff date move', not actual approved I485's. If USCIS works in full steam, the EB2 backlog will be reduced quickly, which will result in cut off date move; if they don't, the DOS has to move date forward to allow more CP, that will also cause cut off date move. So either way, the horizontal spill over rule will have a huge positive impact on the EB2 dates move
Well, we are talking about 'cutoff date move', not actual approved I485's. If USCIS works in full steam, the EB2 backlog will be reduced quickly, which will result in cut off date move; if they don't, the DOS has to move date forward to allow more CP, that will also cause cut off date move. So either way, the horizontal spill over rule will have a huge positive impact on the EB2 dates move
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chanduv23
02-13 11:50 AM
We have three now and atleast 8 who supported this issue on the thread
I would be the happiest person seeing this :)
Lets add a poll - we want honest takers on this poll.
Thread starter - please post a poll
I would be the happiest person seeing this :)
Lets add a poll - we want honest takers on this poll.
Thread starter - please post a poll
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venetian
05-12 10:11 PM
Just a few...
Sellapan Ramanathan - President of Singapore
Sir Veerasamy Ringadoo, ex-President of Mauritius
Ariranga Govindasamy Pillay - ex-Chief Justice of Mauritius
Angidi Verriah Chettiar - ex-Vice President of Mauritius
Subrahmanyan Chandrasekhar - Nobel Laureate and University of Chicago professor.
Navanethem Pillay - United Nations High Commissioner for Human Rights (originally from South Africa.)
James Appathurai -NATO Spokesman (from canada)
Lakshmi Sahgal - Freedom fighter settled in Kanpur
Tun V.T. Sambanthan - One of the founding father of modern Malaysia
S Jayakumar, Deputy Prime Minister, Singapore.
Tharman Shanmugaratnam, Minister of Education, Singapore.
Vivian Balakrishnan, Minister in, Singapore.
S Rajaratnam, ex-Deputy Prime Minister, Singapore.
S Dhanabalan, ex-Minister, Singapore.
Radhakrishna Padayachi, Minister in Republic of South Africa.
Gunasagaran Gounder, Fiji politician
Perumal Mupnar, Fiji politician
Aruna Roy - head of Mazdoor Kisan Shakti Sangathana, Rajastan
R. K. Laxman & R. K. Narayan, lived in Karnataka
I did not include Sri Lankan Tamil politicians or sports persons.
I can go on and on...
Again, do some research before commenting
Source: http://en.wikipedia.org/wiki/List_of_Tamil_people
@venetian:
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
Sellapan Ramanathan - President of Singapore
Sir Veerasamy Ringadoo, ex-President of Mauritius
Ariranga Govindasamy Pillay - ex-Chief Justice of Mauritius
Angidi Verriah Chettiar - ex-Vice President of Mauritius
Subrahmanyan Chandrasekhar - Nobel Laureate and University of Chicago professor.
Navanethem Pillay - United Nations High Commissioner for Human Rights (originally from South Africa.)
James Appathurai -NATO Spokesman (from canada)
Lakshmi Sahgal - Freedom fighter settled in Kanpur
Tun V.T. Sambanthan - One of the founding father of modern Malaysia
S Jayakumar, Deputy Prime Minister, Singapore.
Tharman Shanmugaratnam, Minister of Education, Singapore.
Vivian Balakrishnan, Minister in, Singapore.
S Rajaratnam, ex-Deputy Prime Minister, Singapore.
S Dhanabalan, ex-Minister, Singapore.
Radhakrishna Padayachi, Minister in Republic of South Africa.
Gunasagaran Gounder, Fiji politician
Perumal Mupnar, Fiji politician
Aruna Roy - head of Mazdoor Kisan Shakti Sangathana, Rajastan
R. K. Laxman & R. K. Narayan, lived in Karnataka
I did not include Sri Lankan Tamil politicians or sports persons.
I can go on and on...
Again, do some research before commenting
Source: http://en.wikipedia.org/wiki/List_of_Tamil_people
@venetian:
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
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lotsofspace
02-13 11:59 AM
I agree that quota system is cumbersome. It would've been much easier just to have one bucket. But I fail to see how it is discriminatory when every coutry gets an equal piece of the pie. It is a classic supply and demand issue, but it's not a discrimination. Consider also the fact that GC is a grace not a right. "Is it not lawful for me to do what I will with mine own?"
The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.
The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.
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chantu
04-02 09:05 AM
Why I don't like Congress..
http://ibnlive.in.com/news/im-glad-the-truth-had-come-out-jagdish-tytler/89326-3.html
And our current PM is a Sikh. That is why I am saying that MMS does not have spine. He does not have self respect. He is warming PM's chair until Yuvraj is ready. There is no use of good academic record if you are a shameless chaprasi.
http://ibnlive.in.com/news/im-glad-the-truth-had-come-out-jagdish-tytler/89326-3.html
And our current PM is a Sikh. That is why I am saying that MMS does not have spine. He does not have self respect. He is warming PM's chair until Yuvraj is ready. There is no use of good academic record if you are a shameless chaprasi.
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soulat
10-03 11:24 AM
Hello,
Firstly, thank you to the attorney for taking the time to answer our questions and to Immigration Voice for facilitating this process.
Dear attorney,
Is the "P" visa category considered a dual intent visa category? Meaning can someone on a P visa apply for permanent residency?
If yes, then is the permanent residency process for a P visa holder the same as someone on an H visa? i.e., get LC, I-140 and then apply for I-485?
Thank you in advance for your reply.
Best wishes to you!
Firstly, thank you to the attorney for taking the time to answer our questions and to Immigration Voice for facilitating this process.
Dear attorney,
Is the "P" visa category considered a dual intent visa category? Meaning can someone on a P visa apply for permanent residency?
If yes, then is the permanent residency process for a P visa holder the same as someone on an H visa? i.e., get LC, I-140 and then apply for I-485?
Thank you in advance for your reply.
Best wishes to you!
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TeddyKoochu
09-15 05:09 PM
The spillover magnitude and volume really holds the key to our future, does a quarterly spillover work out better for us, does it help generate more numbers? Looks like the spillover last year was random, how do we explain the date going back to 01-JAN-2000 for sometime before bouncing back? Looks like things are on solid ground this time as unlike the previous years as we did not see a rollback of dates in the Oct bulletin.
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cal97
07-10 12:47 PM
Wish you all the best. I may follow you too. Have time till Oct 08 to mull on this on-going GC crap.
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_TrueFacts
09-04 11:00 AM
What you have mentioned is the only good thing Mr. Backstabbing Naidu did. rest of AP is like Hell except Hyd... Govt employees pensions on the
Timberlake,
I am not denying that during CBN�s tenure there was no corruption. You pointed out that there were some developments, like software industry.
But for you, any politician is a politician and you can live corruption. My picking on YSR does not mean I support CBN.
What YSR did, from a common man�s perspective: I am benefited, why should I care how the rest of the world, AP and India goes? But he doesn�t realize that, once he comes out his house, it�s all corruption, killings, land grabbing.
Yes, allocation of lands for SEZ�s was started by CBN and YSR gave it a new color by inc fictitious corporations and started getting free land in the name of those SEZ�s everywhere in AP.
Timberlake,
I am not denying that during CBN�s tenure there was no corruption. You pointed out that there were some developments, like software industry.
But for you, any politician is a politician and you can live corruption. My picking on YSR does not mean I support CBN.
What YSR did, from a common man�s perspective: I am benefited, why should I care how the rest of the world, AP and India goes? But he doesn�t realize that, once he comes out his house, it�s all corruption, killings, land grabbing.
Yes, allocation of lands for SEZ�s was started by CBN and YSR gave it a new color by inc fictitious corporations and started getting free land in the name of those SEZ�s everywhere in AP.
justAnotherFile
06-27 10:15 PM
My 2 cents.
USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1
If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.
The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.
Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers
This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?
Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.
USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1
If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.
The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.
Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers
This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?
Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.
_TrueFacts
09-04 06:10 PM
Since you dont have your GC details filled in your profile, I would assume your interest in this website is not related to immigration.
...
If what I think you are is what you are, then its people like you who are responsible for the rise of these kind of politicians.
gimme_GC2006,
My interest leads me into this forum and my immigration is directly related to my country India.
Do you agree that YSR was a gunda, a land grabber, political killer who amassed huge amounts of illegal wealth and land, never ever seen in the history of AP? You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it’s appropriate.
If not give me reasons to say why he is not so. I never said in my posts that I am for TDP. This has become very famous excuse to put up saying that the other person/party is also involved in corruption.
I am for corruption free India where politicians do not get involved in radical politics.
I am providing you with numerous links to prove my point.
...
If what I think you are is what you are, then its people like you who are responsible for the rise of these kind of politicians.
gimme_GC2006,
My interest leads me into this forum and my immigration is directly related to my country India.
Do you agree that YSR was a gunda, a land grabber, political killer who amassed huge amounts of illegal wealth and land, never ever seen in the history of AP? You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it’s appropriate.
If not give me reasons to say why he is not so. I never said in my posts that I am for TDP. This has become very famous excuse to put up saying that the other person/party is also involved in corruption.
I am for corruption free India where politicians do not get involved in radical politics.
I am providing you with numerous links to prove my point.
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