whitecollarslave
03-26 05:43 PM
I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
http://www.murthy.com/news/n_permfl.html
http://www.ailc.com/perm-labor-certification.htm
http://www.foreignlaborcert.doleta.gov/perm.cfm
http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm
They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.
For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.
HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.
So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
http://www.murthy.com/news/n_permfl.html
http://www.ailc.com/perm-labor-certification.htm
http://www.foreignlaborcert.doleta.gov/perm.cfm
http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm
They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.
For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.
HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.
So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?
wallpaper Rick Ross Legal Issues
Rohan99
10-02 06:07 PM
http://immigrationvoice.org/forum/showthread.php?p=177303#post177303
WaldenPond
01-02 02:45 PM
Excellent suggestions & ideas Leo. You have summed up well where we are headed. The some of the arguments you mentioned above are really very good. We will definitely use them when talking to lawmakers. With regard to the problem with the attached file, I just sent you a private message.
Thanks,
-WP
Thanks,
-WP
2011 Rick Ross ft.
addsf345
09-28 12:46 PM
Taxes are inevitable!
I personally haven't seen any issues with Call quality. Infact Call quality is excellent.
I agree about taxes. This is general understanding. However with my teleblend (formerly sunrocket) the taxes were only around $2 at the same address where I stay now. With vonage its $6.32 -- I have no idea why vonage taxes are almost 3 times to teleblend for almost equal price plans at the same address?
I personally haven't seen any issues with Call quality. Infact Call quality is excellent.
I agree about taxes. This is general understanding. However with my teleblend (formerly sunrocket) the taxes were only around $2 at the same address where I stay now. With vonage its $6.32 -- I have no idea why vonage taxes are almost 3 times to teleblend for almost equal price plans at the same address?
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ag11
09-18 07:27 PM
Hi ag11,
I got the same approval notice. But online status showing as Card Production Ordered. What does it say for you? Do you see any difference in the status between you and your wife?
Hi Ohguy
What status changes have you seen on your case so far?
I got the same approval notice. But online status showing as Card Production Ordered. What does it say for you? Do you see any difference in the status between you and your wife?
Hi Ohguy
What status changes have you seen on your case so far?
simple1
06-16 03:42 PM
yes it is(both about work and supervision), read the pdf.
The L-1 Reform Act amends previous legislation by addressing the issue of “outsourcing.” L-1B temporary workers can no longer work primarily at a worksite other than their petitioning employer if the work will be controlled and supervised by a different employer or if the offsite arrangement is essentially to provide labor for hire, rather than service related to the specialized knowledge of the petitioning employer. This limitation will apply to all L-1B petitions filed with USCIS on or after June 6, 2005. This includes extensions and amendments involving individuals currently in L-1 status.
as IV community we must be against these violations. We must support only the compliance L1B.
Sir, the question is not
Who actually controls the work?
the question is
Who actually controls the L1 person by directly managing him/her?
big difference.
The L-1 Reform Act amends previous legislation by addressing the issue of “outsourcing.” L-1B temporary workers can no longer work primarily at a worksite other than their petitioning employer if the work will be controlled and supervised by a different employer or if the offsite arrangement is essentially to provide labor for hire, rather than service related to the specialized knowledge of the petitioning employer. This limitation will apply to all L-1B petitions filed with USCIS on or after June 6, 2005. This includes extensions and amendments involving individuals currently in L-1 status.
as IV community we must be against these violations. We must support only the compliance L1B.
Sir, the question is not
Who actually controls the work?
the question is
Who actually controls the L1 person by directly managing him/her?
big difference.
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gcphul
01-27 10:51 AM
I Do
2010 house Rick Ross taken to jail
fcres
08-16 10:21 AM
Thankx fo rthe response.
Does this mean i will surly get a RFE, and if it is say 1 year later, will i have to go for the medical exam again?
Medical report is a valid evidence and if its missing they will surely issue an RFE when they are adjudicating your case, whether its now or 1-2yrs later. Since the medical report is valid only for an year if you get the RFE an year later you might have to do it again.
One thing you can do is, once you get your receipt notice you can send your current medical report along with the copy of RN and a cover letter saying you are sending a missing document. Your lawyer should be able to assist you in this.
Does this mean i will surly get a RFE, and if it is say 1 year later, will i have to go for the medical exam again?
Medical report is a valid evidence and if its missing they will surely issue an RFE when they are adjudicating your case, whether its now or 1-2yrs later. Since the medical report is valid only for an year if you get the RFE an year later you might have to do it again.
One thing you can do is, once you get your receipt notice you can send your current medical report along with the copy of RN and a cover letter saying you are sending a missing document. Your lawyer should be able to assist you in this.
more...
vikki76
10-22 05:48 PM
I will send that 7001 form out today to ombudsman and then do this sit-wait-watch-getfrustrated game
I wish US govt realises how much they lose on worker productivity by not following FIFO order for processing application. (i.e go by RD date)
I wish US govt realises how much they lose on worker productivity by not following FIFO order for processing application. (i.e go by RD date)
hair Rick Ross – O Let#39;s Do It
dalssunil
09-19 03:59 PM
I have applied my I485 and EAD based on EB3, I have received EAD for me and my wife, in parallel I had also applied for I140 based on my EB2 application. Now my I140 has been approved for EB2 and PD is current for EB2. I was wondering if there is any way that I can get my I485 transferred to EB2 and how can I get it done...
Could someone please suggest...
Thanks in advance
Could someone please suggest...
Thanks in advance
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h1techSlave
04-17 09:41 PM
In technology field, your trump card is your superior knowledge in your field. If you are very thorough in your area of expertise, employers would anything for you.
After numerous job searches and process I have been associated with, I have found following things:
All skilled people get the job they want. Hiring process in US is very slow and if you hold your ground eventually employers agree to your demands. I understand that the applicant here wants to work for capital 1. However, I would not advise on confronting an HR person directly. That may play against your long term interest with the company. Listen to whatever HR says and just thank them and say if there is any future opportunity you will be willing to consider.
After that report the matter to DOJ. Do not come across as someone who is creating trouble for employer. You will make your case difficuilt for future opportunities with that employer. AOS, 485 are all temporary things but you and capital 1 are staying there for ever. So report such cases without employers getting any hint of who did it.
After numerous job searches and process I have been associated with, I have found following things:
All skilled people get the job they want. Hiring process in US is very slow and if you hold your ground eventually employers agree to your demands. I understand that the applicant here wants to work for capital 1. However, I would not advise on confronting an HR person directly. That may play against your long term interest with the company. Listen to whatever HR says and just thank them and say if there is any future opportunity you will be willing to consider.
After that report the matter to DOJ. Do not come across as someone who is creating trouble for employer. You will make your case difficuilt for future opportunities with that employer. AOS, 485 are all temporary things but you and capital 1 are staying there for ever. So report such cases without employers getting any hint of who did it.
hot If he#39;s a cop and rapping
SunnySurya
08-07 12:09 PM
No thats not what I am saying. Let me repeat what I am saying and this comes out of the draft I am working with a lawyer
The interpretation of the intent of the law by USCIS is flawed and should be reconsidered given the enormous backlogs in various categories.
1. If the people are allowed to move between the categories it will just move the backlog from one line to another penalizing the ones already in that line.
2. It does not provides an equal opportunity to the people already in that line to move to other category who are patiently waiting for their turn.
3. The porting is subject to gaming and the people who know how to work the system will be the most benefitted by this.
4. It will also eleminate any potential for the spill of visa numbers from Eb2 to Eb3 category as Eb2 itself will be backlogged
It should be noted that the immigration benefits are associated with a job requirements and not a person's qualifications. Changing a GC category should not be allowed except in certain extraordinary circumstances and through appropriate changes in the law.
Mpadap, your arguments are valid but not pertinent to what I am trying to do. If a person becomes elligible , he/she must be allowed to apply for the positions matching his qualifications. Only thing is that he should not benefit from the portability of PD.
U are saying - The person's GC category should be same all through out the GC process, irrespective of the technical advancements the person make during the course of the GC process. A person is porting only because he is qualified for the category, U folks are talking as if there is an open slot and everyone is clamoring for it.
U'r logic should be similar to the below scenario..
A person joins a company as a Jr. Engineer, then based on U'r logic he/she cannot become a Manager (which requires an MBA / equivalent) because he entered the workforce as a Jr. Engg. Even though the fellow would've acquired necessary skills and even MBA (going part-time to school), still he/she cannot become a Manager. U are vouching that an MBA who joined few months earlier can become the Manager but not the home groomed fellow. Wow, U'r logic seems to a ground breaking thought process, please extrapolate U'r lawsuit for the case mentioned above. If you win, this might be the most ground breaking decision in US.
Personally I've reported to folks who joined company as high-school grads and worked their way up to Managerial position ofcoz acquiring the necessary college education while working. They have shown up those experience to move ahead of other folks who joined later with higher degrees.
sunnysurya and rollingflood,
Rather than focusing on divisive efforts why can't you focus on real problem - retrogression. Why don't you work towards IV's goals? You folks joined the forum few months back and have already made great impact. Hope you would channel U'r energy into something positive for the entire community.
The interpretation of the intent of the law by USCIS is flawed and should be reconsidered given the enormous backlogs in various categories.
1. If the people are allowed to move between the categories it will just move the backlog from one line to another penalizing the ones already in that line.
2. It does not provides an equal opportunity to the people already in that line to move to other category who are patiently waiting for their turn.
3. The porting is subject to gaming and the people who know how to work the system will be the most benefitted by this.
4. It will also eleminate any potential for the spill of visa numbers from Eb2 to Eb3 category as Eb2 itself will be backlogged
It should be noted that the immigration benefits are associated with a job requirements and not a person's qualifications. Changing a GC category should not be allowed except in certain extraordinary circumstances and through appropriate changes in the law.
Mpadap, your arguments are valid but not pertinent to what I am trying to do. If a person becomes elligible , he/she must be allowed to apply for the positions matching his qualifications. Only thing is that he should not benefit from the portability of PD.
U are saying - The person's GC category should be same all through out the GC process, irrespective of the technical advancements the person make during the course of the GC process. A person is porting only because he is qualified for the category, U folks are talking as if there is an open slot and everyone is clamoring for it.
U'r logic should be similar to the below scenario..
A person joins a company as a Jr. Engineer, then based on U'r logic he/she cannot become a Manager (which requires an MBA / equivalent) because he entered the workforce as a Jr. Engg. Even though the fellow would've acquired necessary skills and even MBA (going part-time to school), still he/she cannot become a Manager. U are vouching that an MBA who joined few months earlier can become the Manager but not the home groomed fellow. Wow, U'r logic seems to a ground breaking thought process, please extrapolate U'r lawsuit for the case mentioned above. If you win, this might be the most ground breaking decision in US.
Personally I've reported to folks who joined company as high-school grads and worked their way up to Managerial position ofcoz acquiring the necessary college education while working. They have shown up those experience to move ahead of other folks who joined later with higher degrees.
sunnysurya and rollingflood,
Rather than focusing on divisive efforts why can't you focus on real problem - retrogression. Why don't you work towards IV's goals? You folks joined the forum few months back and have already made great impact. Hope you would channel U'r energy into something positive for the entire community.
more...
house Rick Ross Respect Magazine
485-485
10-04 10:03 AM
I am on the same boat with you. Got a receipt # but it's void in their system while online status is still pending. They said my package was send back 50 days ago but my lawyer and I didn't see it yet. my lawyer only told me to wait and said there is nothing we can do but wait.. really frustrated
tattoo quot;Rick Ross
shahuja
01-31 04:26 AM
I had my interview on Jan 14th for H1B extension..same company after 3 years..fortune 100 company..VO said approved..but i have not received my pp yet. Its the 18th day and in weeks this is the 3rd one.
My brother also works for the same company same mgr..he also went on the same day for his stamping. His F1-H1. his VO was different..he got his pp after one week.
Have there been people waiting more than three weeks ?? what is the worst wait time for someone here on the forum ??
I have already postponed my flight twice..since i have to take my dad along..i have also postponed his flight twice..this was a family emergency travel and not a vacation..still its so painfull..and like everyday there is a wait..
My brother also works for the same company same mgr..he also went on the same day for his stamping. His F1-H1. his VO was different..he got his pp after one week.
Have there been people waiting more than three weeks ?? what is the worst wait time for someone here on the forum ??
I have already postponed my flight twice..since i have to take my dad along..i have also postponed his flight twice..this was a family emergency travel and not a vacation..still its so painfull..and like everyday there is a wait..
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pictures tattoo Rick Ross was a cop,
buddyinsd
09-22 01:47 AM
What Pappu says is right. Ppl have been so impatient that they're bombarding USCIS with SRs, emails, letters from attorneys, Infopass etc..etc...etc...I understand the anxiety but isnt this a bit 2 much? I was no exception to this. I raised an SR on the very first day my date got current and on trying to followup on the SR the very next week, I stumbled upon a clearly tired second level IO who didn't like the way I was pushing for it. He clearly explained to me that there was no need to worry as the dates were current and everyone who was current and cleared of security would be approved as there were several visa numbers available and he also told me that there have been thousands of calls received everyday and its becoming really hard for them to handle the situation. I could see how tired and frustrated he was. I immediately understood their plight and just waited without any further action and within a span of 15 days after that call, I got my approval. My attorney also advised me to wait as he was sure the dates were gonna be current the next month as well and followups would only result in delays.
Well I'm not saying its wrong to be anxious. Ofcourse, its an important milestone, one that secures our future in this country and yes, its only natural to be anxious. But being anxious doesn't mean that by calling or emailing or Ombudsman etc...ur case will be approved. Try and put yourselves in the IO's shoes as well. For a moment think what it wud be like to be an USCIS first lvl/second lvl IO receiving the same call every minute from a diff person and each one trying to reach the second lvl IO with lies such as my A# on file is diff than the one on 140 OR address change etc...etc...This is ridiculous. After years of wait we resort to such shameful behavior towards the end.
Yes when others with later PDs are getting approved and u r still waiting, it does bring out frustration in u. But u should also put in thought as to why that could be. Maybe one of the security checks in ur case is awaited or maybe ur file is on some table waiting to be picked up etc...I was venting out my anger and frustration during my wait on this forum and ppl were only asking me to do that, do this blah blah blah. I just waited nevertheless as I knew the moment I spoke with the IO that there was really no point in following up as cases were getting approved and USCIS was definitely WORKING as hard as they could (even on weekends) to clear all current cases.
There was one dumb idiot who called and spoke to the second level IO (per his own words "just to confirm") even after getting the CPO email. I mean how foolish and idiotic is that. Check this out...I'm not kidding:http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1600323-conflicting-info-cpo-email-but-485-pending.html
Guys, just trust USCIS now that they've been approving left and right before u login to ur email to followup or pick up ur phone to check ur status. EB2 has not moved ahead for the Oct bulletin but ppl who were current from July will still be current in Oct. What does that mean??? It simply means that USCIS is hell bent on clearing all the cases which have been current since July and my best guess is until the last of the "current" cases has been approved, the dates will be not be retrogressed.
i understand everybit you explained here but your missing human anxiousness whether it is GC or OC(no meaning) people willnot stop doing enquiry i think you might did to and being hypocritic that everyone is anxious about doing so the explaination looks like your working in uscis customer care and taking care of all this everyone knows that uscis doesnot only deals GC and not only we are calling them
take it easy brother
Well I'm not saying its wrong to be anxious. Ofcourse, its an important milestone, one that secures our future in this country and yes, its only natural to be anxious. But being anxious doesn't mean that by calling or emailing or Ombudsman etc...ur case will be approved. Try and put yourselves in the IO's shoes as well. For a moment think what it wud be like to be an USCIS first lvl/second lvl IO receiving the same call every minute from a diff person and each one trying to reach the second lvl IO with lies such as my A# on file is diff than the one on 140 OR address change etc...etc...This is ridiculous. After years of wait we resort to such shameful behavior towards the end.
Yes when others with later PDs are getting approved and u r still waiting, it does bring out frustration in u. But u should also put in thought as to why that could be. Maybe one of the security checks in ur case is awaited or maybe ur file is on some table waiting to be picked up etc...I was venting out my anger and frustration during my wait on this forum and ppl were only asking me to do that, do this blah blah blah. I just waited nevertheless as I knew the moment I spoke with the IO that there was really no point in following up as cases were getting approved and USCIS was definitely WORKING as hard as they could (even on weekends) to clear all current cases.
There was one dumb idiot who called and spoke to the second level IO (per his own words "just to confirm") even after getting the CPO email. I mean how foolish and idiotic is that. Check this out...I'm not kidding:http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1600323-conflicting-info-cpo-email-but-485-pending.html
Guys, just trust USCIS now that they've been approving left and right before u login to ur email to followup or pick up ur phone to check ur status. EB2 has not moved ahead for the Oct bulletin but ppl who were current from July will still be current in Oct. What does that mean??? It simply means that USCIS is hell bent on clearing all the cases which have been current since July and my best guess is until the last of the "current" cases has been approved, the dates will be not be retrogressed.
i understand everybit you explained here but your missing human anxiousness whether it is GC or OC(no meaning) people willnot stop doing enquiry i think you might did to and being hypocritic that everyone is anxious about doing so the explaination looks like your working in uscis customer care and taking care of all this everyone knows that uscis doesnot only deals GC and not only we are calling them
take it easy brother
dresses Rick Ross – Living Better Now
abhijitp
12-07 01:46 AM
Congratulations on getting GC.
I think the fact that you had same A# helped you despite multiple filings. There are cases of people where even though they have declared their second application, USCIS assigned them a second A# number.
Pls. Stick around in IV and help others with your knowledge.
I have received two A#s since I submitted a second set of AOS (first set had a number of omissions and I did not want to miss the boat).
I think there is no reason to lose sleep over this issue (actually I was told so by a renowned lawyer with whom I just did a consultation), and there is not much we can do anyway. Except... if possible we should send a letter to USCIS telling them about these two sets of applications and then asking them to choose the one which is approvable (again, I was told so by the same lawyer).
BTW canadian_dream: heartiest conrgatulations on your green card approval, your posts on the multiple filings issue have been very helpful.
I think the fact that you had same A# helped you despite multiple filings. There are cases of people where even though they have declared their second application, USCIS assigned them a second A# number.
Pls. Stick around in IV and help others with your knowledge.
I have received two A#s since I submitted a second set of AOS (first set had a number of omissions and I did not want to miss the boat).
I think there is no reason to lose sleep over this issue (actually I was told so by a renowned lawyer with whom I just did a consultation), and there is not much we can do anyway. Except... if possible we should send a letter to USCIS telling them about these two sets of applications and then asking them to choose the one which is approvable (again, I was told so by the same lawyer).
BTW canadian_dream: heartiest conrgatulations on your green card approval, your posts on the multiple filings issue have been very helpful.
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makeup Rick Ross reaches out to DMX
gtg506p
01-09 08:55 AM
I just contacted my senator's local office .working on the letters now .Thanks IV for coming up with this wonderful initiative..I hope our community gathers around and works together to make this a success , please put bickering and cynicism to rest for sometime and work pro actively on this new IV action item..
Thanks IV. I think this is much easier for hundreds of people to participate as its easy, doesent take up too much time etc. and brings about our points across as compared to DC rally (please dont get me wrong here it was great but difficult for lot of people to attend because of various reasons). So I think we should spread out word about this as much as possible. Again, please dont get me wrong. Thank you.
Thanks IV. I think this is much easier for hundreds of people to participate as its easy, doesent take up too much time etc. and brings about our points across as compared to DC rally (please dont get me wrong here it was great but difficult for lot of people to attend because of various reasons). So I think we should spread out word about this as much as possible. Again, please dont get me wrong. Thank you.
girlfriend Rick Ross
jbr
03-10 03:37 PM
Sri1309,
I agree with both of your points: a solid action plan from IV core team would go a long ways to inspire and motivate others and that we should continue spreading the word (by writing to change.gov, news organizations, law makers etc.). Comments from IV core team are welcome.
I agree with both of your points: a solid action plan from IV core team would go a long ways to inspire and motivate others and that we should continue spreading the word (by writing to change.gov, news organizations, law makers etc.). Comments from IV core team are welcome.
hairstyles Rick Ross was a cop,
jungalee43
09-12 10:06 AM
I cannot ask my colleagues to sepnd 30 minutes on phone, but I can certainly ask them to send e-mails. They helped me during admin-fix letter campaign and they are all US citizens.
Can someone prepare a draft for such e-mail along with all the e-mail addresses and post here?
I can target 15 e-mails by Tuesday.
Can someone prepare a draft for such e-mail along with all the e-mail addresses and post here?
I can target 15 e-mails by Tuesday.
vicks_don
05-24 12:01 PM
Getting affidavits that you do not have a birth certificate is the easiest way then using the current one.
vasa
07-11 01:51 PM
I agree...
No offense to any media organization but I agree with you too.
No offense to any media organization but I agree with you too.
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