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  • Arjun
    07-14 08:49 PM
    If this is the case.
    Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.

    No budy, it is not only EB2 India, it is China too. So it is EB2 getting visa numbers that are not used by EB2 ROW and EB1-ALL.

    EB3 is not getting any spilled over numbers and won't happen until EB 3 ROW is current or EB2 becomes current. Long way to go when that happens.

    When there are more numbers in the pool it helps one way or the other.





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  • lfwf
    08-06 04:19 PM
    I thought you ported pascal's id :)

    :D





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  • sc3
    07-14 05:04 PM
    but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.

    The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
    Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
    There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
    Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
    The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.

    Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.


    Paskal thanks for your post. You have given some points to mull over. However, I dont get some things, if EB3-I were on the lowest totem-pole, how can we explain the data from previous years where EB3-I got a lot more visas -- even though EB3-ROW was not current.

    Second. Which point in the AC21 says Eb2 gets preference over Eb3? There is nothing in sec 104 which points towards the preference for EB2? I have read and re-read the section multiple times, but I dont see anything which says that there is a preference towards EB2.





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  • GCwaitforever
    07-17 06:22 AM
    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.

    Members of Immigration voice are already on H-1B and would like to become permanent residents. Family members come on a dependent visa H4. H4 numbers are not counted in the overall H-1B numbers as H4 dependents can not work. H-1B numbers do not have any country specific quotas and already exclude spouses and dependent children.

    Increase/decrease in H-1B numbers should be market-driven. This is my personal opinion.

    The bigger concern is becoming a permanent resident. Green card numbers are limited. There are country specific quotas. Spouses and children are counted in the total numbers. Because there are more H-1B people from India and China (mostly graduates of US universities or come on H-1B directly), the queue is longer for these people and it takes even longer to get a VISA number for these folks.

    Instant Green card is the Utopia. There are other practical solutions for this problem. I listed them in sequence of my personal preference. Others may choose differently.

    1. USCIS processing efficiency: Many of the delays are due to USCIS and related agency processing capability. If we speed up this and increase effiiciencies, the wait would be lesser.

    2. Allowing to file for Adjustment of status (I-485) without current priority date: This gives the employees a work permit and makes it easier for their spouses to pursue their own ambitions. After six months of filing for I-485, the employee is a free bird to choose different employer, for a similar job position.

    3. Pre-adjudication of Greencards: This completes the ordeal of USCIS paper maze even when VISA numbers are not available. Applicants will get Green card when the VISA number is available and in the interim they will get the work permit.

    4. Recapture unused VISA numbers: For the past ten years, USCIS never used up VISA numbers allocated per year because of processing inefficiencies. They should be recaptured and applied to the people waiting in queues longer.

    5. Not counting spouses and dependents: When they come into this country, spouses and children are not counted in H-1B numbers. It does not seem logical to count them against VISA numbers while giving permanent residency. Spouses and children should be skipped from this count.

    6. No country based quotas: Again the same argument. When H-1B holders come into this country, they are not discriminated by country of origin. While applying for permanent residency, they are in strict quotas. Why put this restriction for Employment-based immigration? It is not logical and there should not be any country specific quotas.

    7. Exempting STEM: This is in the SKIL bill under consideration. Those with Ph. D, and Masters in Science/Technology/Engineering/Mathematics are allowed to adjust their status without waiting for VISA numbers.

    8. Increasing VISA numbers: This is a quick fix solution. What guarantee does it give that we do not find ourselves in this immigration mess again after five/ten years?

    If AFL-CIO supports these initiatives, it would be great for the cause of Immigration voice.:)



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  • Macaca
    05-27 05:56 PM
    U.S. Must Adapt to China's New Patterns of Growth ( | World Politics Review) By IAIN MILLS | World Politics Review

    The global financial crisis catapulted China into a position of international economic leadership a decade earlier than Beijing's strategists had intended. That significantly increased the urgency of rebalancing the Chinese economy away from the low-quality, export model toward higher-value, domestically driven growth.

    One consequence has been new and accelerated patterns of Chinese trade and investment abroad. For the United States, China's largest economic partner, the implications of this new multidirectionalism are significant. But with recent figures showing that bilateral investment between the two countries is contracting, the U.S. must adapt its approach to this issue to ensure it benefits from the forthcoming chapter in China's domestic growth story.

    American investment and consumption were the two key drivers of China's economy in its early reform years. By the time the global financial crisis struck, China had amassed $2 trillion of foreign exchange reserves, and it has added another trillion since. The U.S. economy benefitted from cheap, inflation-suppressing Chinese goods, while China's absorption of American debt was a key facilitator of the pre-2008 credit bubble.

    Beijing seemed content to watch the coffers swell, while largely ignoring the need to rebalance the Chinese economy and devise strategies for making use of its mounting foreign exchange reserves. But the post-crisis collapse of investment and demand from developed economies has forced China to mobilize newly acquired national wealth to maintain economic momentum.

    China's overseas investment strategy was originally aimed at securing key natural resources. Recently, there has been a growing focus on importing advanced technology and machinery, particularly in "strategic sectors" identified in the 12th Five-Year Plan. International expansion is being led by increasingly cash-rich state-owned enterprises and their affiliates, with sovereign wealth vehicles such as China Investment Corporation and China Development Bank also adopting more active investment strategies.

    But early indicators suggest the U.S. is missing out on the first wave of new Chinese overseas spending. As one recent report on the subject notes, "the main event in 2010 was a flood of [Chinese] money into the Western Hemisphere outside the U.S., led by Brazil but also featuring Canada, Argentina and Ecuador." Last year, China's total nonfinancial outbound direct investment (ODI) jumped 38 percent, to $60 billion, even as Chinese ODI to the U.S. contracted slightly, to just less than $6 billion. Inversely, April's foreign direct investment (FDI) into China was up by more than 15 percent on the year, but American FDI dropped 28 percent.

    For China, the benefits of reducing asymmetric interdependence with the U.S. economy are clear, but it is less apparent whether the U.S. can currently afford to miss out on the huge opportunities presented by China's continued domestic growth and rapidly increasing overseas spending. Therefore, while the yuan remains a critical issue in bilateral relations, reaching consensus on the scale and scope of bilateral nonfinancial investment is an equally significant emerging topic. And although a series of diplomatic disputes in 2010 may have been partly to blame for depressed Chinese investment, the institutional arrangements of U.S.-China relations have generally failed to keep pace with China's rapid economic ascent.

    Nowhere is this clearer than in bilateral investment agreements.

    China is keen to expand its investments in the U.S. agricultural, natural resource, advanced manufacturing and financial sectors. But political resistance in the U.S. is high, and sources in Beijing claim that Washington is giving mixed signals over how welcome Chinese investment is. Chinese officials are seeking a list of acceptable investment areas from Washington and seem frustrated by the complex institutional arrangements of the U.S. political economy. Meanwhile, American officials have expressed concern about the security implications of Chinese capital, and a general lack of transparency on the Chinese side continues to exacerbate these fears.

    Clearly, resolving these issues requires action from both sides. Washington must accept Chinese overseas investment as an economic reality going forward and design a strategy capable of deploying it in support of the national interest. The politicization of the yuan has damaged Washington's credibility in Beijing; avoiding a similar degeneration of legitimate debate on investment parameters must be a strategic priority. Washington should consider mechanisms for targeting Chinese capital in areas where it is needed most, such as urban real estate development and manufacturing. These need not amount to a centrally imposed directory, as produced annually by Beijing, but rather a semi-formal consensus that provides some kind of consistent framework for prospective Chinese investors.

    Washington could also learn from the European Union's approach, which tends to maintain a greater distinction between ideological and economic policy differences with Beijing. Although the EU has the luxury of leaving political criticism to national governments, Brussels has been more low-key and consistent in discussions with Beijing on potentially inflammatory economic issues such as the yuan and China's "market economy" status. As a result, financial and nonfinancial economic integration between the two has increased substantially since 2008.

    For its part, China must accept that poor standards of domestic corporate governance remain a major barrier to future economic development at home and abroad. The credibility of Chinese companies is undermined by opaque ownership structures and a general lack of transparency regarding strategic and commercial intentions. Notably, over the past five years, there has been a direct correlation between total Chinese investment in a given country and the volume of failed deals, regardless of the developmental level of the host nation. Moreover, foreign investment in China remains heavily regulated. Beijing must accept greater liberalization at home before it can push the issue too far with international partners.

    Clearly, China has the responsibility to improve its domestic culture of openness and accountability. Greater and more symmetrical engagement with experienced capitalist nations can hasten this process while providing much-needed capital injections to the latters' ailing economies.

    For the U.S., the central challenge is to formulate more consistent and strategically constructive responses to China's economic rise. That would entail initiating a paradigm shift in Washington -- one that focuses less on "the China threat" and more on how to benefit from new opportunities presented by China's rise.



    GOP sees red over China (http://www.politico.com/news/stories/0511/55559.html) By Alexander Burns | Politico
    America And China: Finding Cooperation, Avoiding Conflict? (http://blogs.forbes.com/dougbandow/2011/05/23/america-and-china-finding-cooperation-avoiding-conflict/) By Doug Bandow | Forbes
    Henry Kissinger on China. Or Not.
    Statesman Henry Kissinger takes a cautious view of Beijing's reaction to the Arab Spring, and U.S. relations with the world's rising power. (http://online.wsj.com/article/SB10001424052748703730804576321393783531506.html)
    By BRET STEPHENS | Wall Street Journal
    Kissinger and China (http://www.nybooks.com/articles/archives/2011/jun/09/kissinger-and-china/) By Jonathan D. Spence | The New York Review of Books
    Henry Kissinger’s On China (http://blogs.cfr.org/asia/2011/05/26/henry-kissinger%E2%80%99s-on-china/) By Elizabeth C. Economy | Council on Foreign Relations
    General Chen’s Assurance Not Entirely Reassuring (http://nationalinterest.org/blog/the-skeptics/general-chen%E2%80%99s-assurance-not-entirely-reassuring-5351) By Ted Galen Carpenter | The Skeptics
    Go to China, young scientist (http://www.washingtonpost.com/opinions/go-to-china-young-scientist/2011/05/19/AFCY227G_story.html) By Matthew Stremlau | The Washington Post
    No go
    The Western politician who understands China best tries to explain it—but doesn’t quite succeed (http://www.economist.com/node/18709581)
    The Economist
    Europe Frets Over Trade Deficits With China (http://www.nytimes.com/2011/05/21/business/economy/21charts.html) By FLOYD NORRIS | New York Times
    China’s Interest in Farmland Makes Brazil Uneasy (http://www.nytimes.com/2011/05/27/world/americas/27brazil.html) By ALEXEI BARRIONUEVO | The New York Times





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  • LostInGCProcess
    01-08 01:05 PM
    I read your all post, the above post just makes me confused. How could you just bash one community , their beliefs ,make fun of their Prophet Mohammed (peace be upon him and all the prophets ), his teaching , saying the that Mohamed has fooled his followers , let him , we want to be fools what can you do about it? and then later come up with such a statement.
    If it makes you furious , so does it to us.
    How do you justify your anger and hatred towards one community.


    Please educate me...why muslims always tell "peace be upon him" immediately after the mention of the name Mohammed? Is it because he preaches violence???



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  • javadeveloper
    07-19 07:33 PM
    Hello unitednations,

    Can you please comment on my case , pls look at post#140 or http://immigrationvoice.org/forum/showpost.php?p=124370&postcount=140

    I appreciate your help.





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  • Refugee_New
    01-06 04:18 PM
    children being killed is sad beyond belief...i can't even imagine the pain of their parents! however, it isn't it hamas' position that israel doesn't have the right to exist? when will the madness end?

    btw i am not religious at all. i believe organized religion is a method of oppression and creation of unthinking clones. but i sure as hell don't want to die for being a non-believer! in my mind the only solution is to live a good life - "and it doesn't need someone to tell you what good is" - and protect and cherish the country/community that nurtures you.

    Hamas position??? Huh.. Did Hamas members came and told you that Isreal shouldn't exist? Did we hear all these from those people? When did we last hear from Palestinians on thier position and what they think about Isreal? Its media and nothing but jewish media propagate this. What do they acheieve by doing these kind of propaganda??? They win people like you who would support killing on innocent civilians and school kids. PERIOD



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  • prioritydate
    01-10 10:09 AM
    Israel is not invading Gaza for no reason. Why do coward Palestinians need to fire rockets and send those suicide bombers to blow themselves? Muslims need to stop violence in the name of their religion. Why don't you stop killing people, so you would get 72 virgins in some loser world! Israel is doing the right thing and I will support its action. Yes, innocent people get killed, but Hamas need to fight in the open field instead of launching rockets from schools and hospitals.





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  • texcan
    08-06 04:56 PM
    10 Husbands, Still a Virgin
    A lawyer married a woman who had previously divorced ten husbands.

    On their wedding night, she told her new husband, "Please be gentle, I'm still a virgin."

    "What?" said the puzzled groom.

    "How can that be if you've been married ten times?"

    "Well, Husband #1 was a sales representative: he kept telling me how great it was going to be.

    Husband #2 was in software services: he was never really sure how it was supposed to function, but he said he'd look into it and get back to me.

    Husband #3 was from field services: he said everything checked out diagnostically but he just couldn't get the system up.

    Husband #4 was in telemarketing: even though he knew he had the order, he didn't know when he would be able to deliver.

    Husband #5 was an engineer: he understood the basic process but wanted three years to research, implement, and design a new state-of-the-art method.

    Husband #6 was from finance and administration: he thought he knew how, but he wasn't sure whether it was his job or not.

    Husband #7 was in marketing: although he had a nice product, he was never sure how to position it.

    Husband #8 was a psychologist: all he ever did was talk about it.

    Husband #9 was a gynecologist: all he did was look at it.

    Husband #10 was a stamp collector: all he ever did was... God! I miss him! But now that I've married you, I'm really excited!"

    "Good," said the new husband, "but, why?"

    "You're a lawyer. This time I know I'm gonna get screwed!"



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  • unseenguy
    06-20 03:38 AM
    Buying a home in US Now is a foolish thing to do. There are no green cards for Indians or Chinese. Hence we should not buy a home here. There is no long term security or equal opportunity. If we take all savings back, we can buy a house with cash and need not worry about interest. So until you get green cards, hold onto your money tight.





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  • GCOP
    07-13 09:36 AM
    Does IV want to change the format of the letter ? If so, modified letter from IV will be appreciated. I thank pani_6 and IV's effort to address the EB-3 situation. If necessary, IV can also arrange meeting with Department of State for discussion of EB-3 Visa allotment and delays. EB-3 situation is really dier. IV is requested to please arrange meeting with DOS.



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  • gc_in_30_yrs
    01-29 09:48 PM
    Here is a link to a Video report from CNN's program Lou Dobbs tonight regarding USCIS incorrect approval of H1-B petitions beyond the 65,000 yearly limit.


    (http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv)

    http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv

    i think these numbers include H1B transfers from one company to other, and H1B extensions beyond first 3 years term or the further extentions based on labor pending, I-140 cleared etc. etc.

    This guy looks genuine in what he believes, but he is missing the important piece of information. American people are not dumb as they look, they have little brians to understand. USCIS obviously can not approve more than 85K of applications.

    Ofcourse even though it is said Visas Issued (i.e., permanent residence) but in the video they were showing H1B applications :)

    in any case, we should ignore this guy as a whole.

    Next thing, we should never spend lots of time or create any further threads. It gives them courage if we spend time on their issues.





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  • bharol
    01-06 11:33 PM
    I don't know of any religion which touts killing on innocent people just because they don't believe in your ideology which for me is the biggest crime against humanity.

    I know.



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  • shensh
    04-09 10:03 AM
    There are many big companies that depend completely on consultants for their software projects. Example Sony, Boeing... If this applies to existing H1bs then their projects will suffer a great loss.

    ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.

    I don't think this bill is going pass successfully.
    Not true. For many software development projects, it really doesn't matter whether the developers are located in US or in India. What they need onshore is project/program managers or IT architects, who they can hire directly via H1-B not via consulting firm. For those H1-Bs the new bill's restrictions will not be a problem.

    If this bill passes, I can see that many US employers start hiring the highly-valued onshore consultants as their employees via H1-B, and let the rest stay in consulting firm either onshore or offshore. It is so-called "insourcing" which is very popular among big firms nowadays. So this bill is going to be bad for H1-B based consulting firms, good for US employers and future H1-B workers (either new or extended). In the short term though, it is not going to help US workers much, because most companies would ship onshore consulting jobs offshore rather than hiring US workers to fill them. However, in the long term it prevents "some" consulting firms (bodyshoppers) from abusing H1-B workers which benefit us all. I expect this bill will also ease the EB retrogression in the future because there will be less H1-Bs waiting in queue especially from India or China.





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  • waitnwatch
    05-31 05:56 PM
    It's time he got some free counseling through his "Employee Assistance Program" for stress and anxiety. Somehow this guy comes out as comic - except it feels that he is about to have a nervous breakdown. By the way I wonder what FoxNews' take on legal immigration is. Some CNN folks move to Fox but I doubt whether Lou stands a chance.

    By the way - Lou's turning out to be the biggest stress relief for us.

    :D :D :D :D :D :D :D :D :D :D :D :D



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  • devikas81
    12-19 01:38 PM
    All Pakistanis are not a Terrorist but all Terrorist are Pakistanis..





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  • chanduv23
    02-15 10:58 AM
    As we are not voting public and voting public are against us, and employers do little for us, what is the basis in which we can influence politicians buy our cause?





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  • easygoer
    12-17 01:48 PM
    This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!

    Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.

    Times Of India Headline: Antulay raises doubts over Karkare's killing

    People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.





    alisa
    12-30 11:34 PM
    It is preposterous to compare Mumbai attacks with a speculative India involvement in Baluchistan.

    The principal actors, i.e. the actual fighters on the ground in Baluchitan are all Baluchis. Were Qasaab and his other 9 companions Kashmiris? What locus standi these west punjabi fighters have to attack Mumbai?

    Baluch conflict is limited primarily to armed skirmishes between Pakitani army and BLA (and may be some other Baluch nationalist groups). In military terms it can legitimately be called fair fight because both parties are armed. But can shooting unarmed civilians in the back who are sipping coffee or eating dinner or just waiting for a train be called a fair fight? Can the rules of engagement of any country, or the morals of any religion permit that? Isn�t this a text book example of pure unadultrated terrorism.

    I never suggested they Bombay and Balochistan were morally equivalent.

    At some point in this thread, someone suggested that India should try to destabilize Pakistan by supporting insurgent and militant groups in Pakistan. And I had merely suggested that Pakistan already suspects India of doing that. And that there is probably some truth in it. And Pakistan supports insurgent groups in India.
    Or at least, both countries keep their 'options' open by maintaining contacts with the insurgent in the other countries.
    That is the vicious cycle.

    As far as Bombay is concerned, I have said it before that I believe that that was an attempt to provoke India, so that the Pakistan army can be diverted to the Eastern front, and the Taalibaan/militants get some relief.

    I think the Indian think tanks think that the Pakistan army was behind it. I think that the Taalibaans/Jihadists were behind it. It will be very hard to prove it one way or the other.

    And war would be a disaster; like jumping from the frying pan into the fire. What amazes me is the capacity of the human mind to give in to irrationality, and vigorously advocate jumping from the frying pan into the fire.





    unitednations
    08-02 06:58 PM
    this is interesting: If I invoke AC21, and get a letter from a new employer, they can still ask me for a letter from old employer saying they intended to hire me?? The fact that they submitted a future employment letter with my 485 and did not revoke the approved I-140 for 6 months not enough to prove that the intent remained at the end of 6 months?
    Did the USCIS officer suspect fraud or something? Is there a specific legal basis for this denial? I thought past 6 months there is no dependency on that old employer (future-employment or otherwise) and all depends on your new employer and his employment letter.


    People always read what they want to read.

    Read the memo and they always mention "intent", "good faith".

    USCIS always leaves significant wiggle room for themselves when they want to deny cases.



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