xbohdpukc
12-11 03:44 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
INA should be changed which should be done through a legislative process, not through any rule making.
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gc_lover
07-18 11:29 AM
I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.
I checked with someone who has hired Rajiv Khanna and they said the same thing to him. So far, they have not generated any rejection notice for any application filed on and after July 2nd. Since this came from Rajiv Khanna I would think that it's some what credible information.
We will just have to wait and see till our checks get cashed!
I checked with someone who has hired Rajiv Khanna and they said the same thing to him. So far, they have not generated any rejection notice for any application filed on and after July 2nd. Since this came from Rajiv Khanna I would think that it's some what credible information.
We will just have to wait and see till our checks get cashed!
gc_check
07-29 01:19 PM
Given the unemployment rate and also the current market condition, it is not really favorable for starting a Green Card process (Labor/PERM) if you belong to one of the field, where there are adequate number of people already available. The recent economic conditions has flooded the market with many people who might qualify, as the requirement is to accept any US Citizen/Perm Resident, if one has the minimum qualification, even if you do not have all that is requested for. Future GC holder might like this provision after GC !! It is now become even difficult to prove that no matching candidate was found. If you are eligible for EB1/EB2 (National Interest Waiver / Exceptional Ability) where you can get a waiver for labor and go for I-140 directly, then you have a better chance. Sadly (IT/Consultants) etc do not come under this, unless you are that exceptional with many patents, etc.. and have a better designation in the organization. Even couple patents would do no good in this case :(. One of the first step for GC, is to prove that it is not adversely affecting the US Citizen/Permanent Residents already in the country and if the HR is sure on this, they can't prove that no US citizen is available, they will not process GC. Remember the TARP Funded companies had restrictions imposed on them. Some of the companies listed are all good corporation that do thins per the law / books. Well, unless it is a small body shop totally rely on Consultants / Non-immigration worked for any reason, big companies will not spend extra $'s to get the Attorney's to be more creative to get through the process. When supply is adequate, they do not care. Unfortunately this causes so much stress / difficulty for the applicant going through the general EB3/EB2 (labor) category and USCIS slow processing and loop holes that were not addressed in the past but addressed now (Labor Sub. / Diff. process window in diff region, when people with later dates go through first,) per country limit, lost visa numbers cause enormous delay and added stress, but irrespective of all this, people still make it through eventually. A little patience and being persistent and take right steps will help regardless. We all know, the system is bad, complaining against it would not change. Work on making some positive influence on the system and even you fail many times, with each failure you go one step closure to achieve your goal. There were some success/relief that was obtained with the efforts of IV and the likes.. some set backs, but things will change for good. Sadly, due to lack of time, some people get affected the most and others not so much. Thatz life and real !!!
In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.
In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.
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chanduv23
03-07 06:23 AM
From what I understand, Rajiv and Sheela are highly experienced and know AC21 in detail. They have seen successful AC21 cases and thats the reason they are pretty confident.
It is always safe to keep all paperwork intact and updating USCIS during job change but there is also possibility that it increases burden if you keep changing multiple jobs.
A good way of invoking AC21 is
(1) Have the Attorney prepare the letter template - Attorney will make sure the letter is right.
(2) have it signed from your employer - this should not be a problem - I have noticed that employers have issues with h1b visa because they require extensive paperwork and money, but signing a letter must not be an issue.
A lot of employers are not aware of AC21/EAD and may get worried. But there is absolutely no issue. All you do is to educate them. So many people have started using EAD and changing jobs and slowly eployers will understand this concept.
It is always safe to keep all paperwork intact and updating USCIS during job change but there is also possibility that it increases burden if you keep changing multiple jobs.
A good way of invoking AC21 is
(1) Have the Attorney prepare the letter template - Attorney will make sure the letter is right.
(2) have it signed from your employer - this should not be a problem - I have noticed that employers have issues with h1b visa because they require extensive paperwork and money, but signing a letter must not be an issue.
A lot of employers are not aware of AC21/EAD and may get worried. But there is absolutely no issue. All you do is to educate them. So many people have started using EAD and changing jobs and slowly eployers will understand this concept.
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eilsoe
03-08 04:24 PM
right, march 10th :lol:
sorry.. had my head somewhere else at the time... :sure:
sorry.. had my head somewhere else at the time... :sure:
nagesh75
10-12 09:15 PM
EB3 - Feb 2004
485,EAD,AP : RD July3107 at NSC
485,EAD,AP : ND Oct0307 at CSC
EAD,AP approved : Oct10 at CSC
485,EAD,AP : RD July3107 at NSC
485,EAD,AP : ND Oct0307 at CSC
EAD,AP approved : Oct10 at CSC
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waitnwatch
07-13 11:30 AM
Reading through this thread I find this intense debate about the value and intentions of Murthy's letter.
Let's first deal with the value part: This letter could be from any one of us or anybody else from Timbuktu. Why does this letter have any special significance except that the DHS secretary may read it because Murthy and the secretary are alumni of the same institution (see how carefully this part is added to the letter for our consumption). Now this feeds into the intention part. Even if Murthy wrote a letter to the DHS Secretary why did she have to publicize it on her website (except for the gullible among us to take notice). Generally publicized letters have value if they are from some influential policy maker or lawmaker. In this case Murthy is neither and so her letter does not add or subtract any value to this debate. So we are left with the question of who gains by publicizing this letter. Your guess is as good as mine.
Ultimately I am left wondering why this thread was started in the first place except to garner cheap publicity. Do we really have so much time on our hands?
Let's first deal with the value part: This letter could be from any one of us or anybody else from Timbuktu. Why does this letter have any special significance except that the DHS secretary may read it because Murthy and the secretary are alumni of the same institution (see how carefully this part is added to the letter for our consumption). Now this feeds into the intention part. Even if Murthy wrote a letter to the DHS Secretary why did she have to publicize it on her website (except for the gullible among us to take notice). Generally publicized letters have value if they are from some influential policy maker or lawmaker. In this case Murthy is neither and so her letter does not add or subtract any value to this debate. So we are left with the question of who gains by publicizing this letter. Your guess is as good as mine.
Ultimately I am left wondering why this thread was started in the first place except to garner cheap publicity. Do we really have so much time on our hands?
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zerozerozeven
03-09 12:17 PM
let the waiting start for the May bulletin....
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bigboy007
06-20 12:27 PM
My friend I have seen many things in my 45 years life. But never have I seen as much bullshit in one post. If you are so smart that your invention could lose $3 billion in a quarter, why are you unemployed for last 1 yr? If you don’t have a job it has got to be someone else’s fault, right? This is not a new trend. While you are ok to work in a company started by an immigrant or in a technology created by an immigrant, you find it morally wrong for immigrants to compete with you, right? As if immigrants should be denied to right to compete with “real Americans”. And this “real American” thing is so full of it. You are real American because your forefathers came here in 1700? But weren’t your forefathers ILLEGALLS when they came here uninvited? In a fair competition environment you are not going to get any edge over others just because someone has lived here for 5 generations.
None of us came here uninvited. For last 16 years I am here LEGALLY at the invitation of my employer - an American enterprise which makes and keeps America great. Your “real American” thing is so bullshit because everyone loves to claim that they are only “real Americans” and rest everyone is fake. I find your portrayal reprehensible that only you are on the side of “America” and you competition is “evil and against all Americans”. This is not only stupid, but plain dumb.
Simple fact is this, you cannot compete with your competition and for that reason you have to throw out this bull crap about “real American”, “illegal”, “Chinaman”, “Hitler” etc., did I miss something? Hear me out because this competition is not going to go away with Sander’s amendment or any other human law. Even if I leave, I will take my job with me and I will continue to compete with you. I will beat you again and again at any fair competition, even from the other side of the globe. The reason is, you are not willing to improve, learn and compete. But you can continue to complaint and cry foul. Sander’s amendment will not do iota to get you a job because you have been conditioned to live on unemployment compensation. Best of luck to the self style “real American” because with your attitude you sure need a whole lot of it.
Well said, BUT No need to reply to ppl like these, they enjoy personal pleasure in these posts as they cant stop off-shoring and feel that their lawmakers are doing best to them, but they dont realize that this encourages off-shoring or displacement of workforce.
None of us came here uninvited. For last 16 years I am here LEGALLY at the invitation of my employer - an American enterprise which makes and keeps America great. Your “real American” thing is so bullshit because everyone loves to claim that they are only “real Americans” and rest everyone is fake. I find your portrayal reprehensible that only you are on the side of “America” and you competition is “evil and against all Americans”. This is not only stupid, but plain dumb.
Simple fact is this, you cannot compete with your competition and for that reason you have to throw out this bull crap about “real American”, “illegal”, “Chinaman”, “Hitler” etc., did I miss something? Hear me out because this competition is not going to go away with Sander’s amendment or any other human law. Even if I leave, I will take my job with me and I will continue to compete with you. I will beat you again and again at any fair competition, even from the other side of the globe. The reason is, you are not willing to improve, learn and compete. But you can continue to complaint and cry foul. Sander’s amendment will not do iota to get you a job because you have been conditioned to live on unemployment compensation. Best of luck to the self style “real American” because with your attitude you sure need a whole lot of it.
Well said, BUT No need to reply to ppl like these, they enjoy personal pleasure in these posts as they cant stop off-shoring and feel that their lawmakers are doing best to them, but they dont realize that this encourages off-shoring or displacement of workforce.
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cloud 9
07-27 09:26 AM
Trust/Reliability and Desi Consulting companies are oxymorons.
About SRG America: Do google search for SRG America. Looks like a fraud company.
About SRG America: Do google search for SRG America. Looks like a fraud company.
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kapil_jn
09-19 11:52 AM
I am not sure what stopped members from local areas(VA/MD) from coming to the rally.
There were 10 people from Tampa, Florida(about 1000 miles from DC). Tampa is a small city in Florida and there aren't that many tech workers. I am thankful to each one who was able to make it to the Rally.
I was there in rally with my wife and eight month old baby. It was a vast change of weather for the baby who has been in FL ever since birth.
There were 10 people from Tampa, Florida(about 1000 miles from DC). Tampa is a small city in Florida and there aren't that many tech workers. I am thankful to each one who was able to make it to the Rally.
I was there in rally with my wife and eight month old baby. It was a vast change of weather for the baby who has been in FL ever since birth.
hot Click the tagging picture to
TexDBoy
09-10 01:20 PM
I just see the eagle ... it should have started already ...
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house Once you have been tagged,
go_gc_way
01-13 10:37 PM
http://www.laborlawtalk.com/showthread.php?p=850460#post850460
http://www.indiacause.com/services/advt/advt_lst_one.asp?srno=10394
perm2gc, very good efforts .... I am hopeful, with members like you , we will inch towards our goal "GC".
At the same time, I hope other members take time and help IV action items.
http://www.indiacause.com/services/advt/advt_lst_one.asp?srno=10394
perm2gc, very good efforts .... I am hopeful, with members like you , we will inch towards our goal "GC".
At the same time, I hope other members take time and help IV action items.
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hpandey
03-12 12:14 PM
Dude,
Don't embarrass yourself with your IQ, you have only 25 some of posts, I have been here long enough and understand IV more than you. Please keep your smartness to yourself.
point at consistency, ? If you don't have one then shuv it up. I have been urging IV for a long time to do something big, anyone who has that question can go in history Forums, and read.
Thank you,
You don't understand IV or else you would not say SHAME on YOU to IV. What can IV do without money and no support from people. IV does a lot of meetings with govt departments and Washington. At least someone is aware of our problems.
I have seen a number of times IV core requesting people to come forward to give their stories for articles in prominent newspapers who contact IV to put our point of view forward. Even for that except 1 or 2 no one else comes forward.
We pay thousands of dollars to lawyers , USCIS etc etc and still we haven't got a GC and you have paid zero to IV and expect IV to get you a GC . Isn't that some twisted logic.
I think you should demand your LAWYER and USCIS to give you the GC since you have paid them thousands . IV doesn't owe you anything at all especially Pappu who is the public face of IV on this forum and puts in so much of his time.
Don't embarrass yourself with your IQ, you have only 25 some of posts, I have been here long enough and understand IV more than you. Please keep your smartness to yourself.
point at consistency, ? If you don't have one then shuv it up. I have been urging IV for a long time to do something big, anyone who has that question can go in history Forums, and read.
Thank you,
You don't understand IV or else you would not say SHAME on YOU to IV. What can IV do without money and no support from people. IV does a lot of meetings with govt departments and Washington. At least someone is aware of our problems.
I have seen a number of times IV core requesting people to come forward to give their stories for articles in prominent newspapers who contact IV to put our point of view forward. Even for that except 1 or 2 no one else comes forward.
We pay thousands of dollars to lawyers , USCIS etc etc and still we haven't got a GC and you have paid zero to IV and expect IV to get you a GC . Isn't that some twisted logic.
I think you should demand your LAWYER and USCIS to give you the GC since you have paid them thousands . IV doesn't owe you anything at all especially Pappu who is the public face of IV on this forum and puts in so much of his time.
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kumarc123
07-18 03:48 PM
I complied the list from visa stastistics website
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
example 2007 numbers from
http://www.travel.state.gov/pdf/FY07AnnualReportTableVp2.pdf
2006 numbers from
http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf
Hey Man,
This was quiet good information, thanks for all your efforts in finding and compiling them together.
Take Care
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
example 2007 numbers from
http://www.travel.state.gov/pdf/FY07AnnualReportTableVp2.pdf
2006 numbers from
http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf
Hey Man,
This was quiet good information, thanks for all your efforts in finding and compiling them together.
Take Care
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paskal
07-03 09:51 AM
...that the system is severely backlogged and needs repair but to say it is unfair to limit the number of immigrants from one country does not make sense. Removing the per country limit would allow one or two countries to dominate the EB system because their high populations allow them to produce more skilled labor. So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed? Maybe a point-based system that incorporates a per country score would be better?
i think it's an interesting discussion, but what would you say to the argument that if immigration artificially inflates the numbers of small countries beyond their real populations and ends up penalizing larger countries. in other words it creates and artificial distribution favoring certain parts of the world...is that really the goal? is is good? s it fair? it's a monopoly in the reverse way- excess opportunity for an individual from certain countries.
when the quotas were originally made, they had exactly that idea- and the motive was explicitly racist. times have changed. so should the antiquated laws.
i think it's an interesting discussion, but what would you say to the argument that if immigration artificially inflates the numbers of small countries beyond their real populations and ends up penalizing larger countries. in other words it creates and artificial distribution favoring certain parts of the world...is that really the goal? is is good? s it fair? it's a monopoly in the reverse way- excess opportunity for an individual from certain countries.
when the quotas were originally made, they had exactly that idea- and the motive was explicitly racist. times have changed. so should the antiquated laws.
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kumarc123
03-12 02:08 PM
You are accusing IV for cheating before saying IV is a great platform. Can't you make up your mind. You sound more like that Congressman Massa from NY. I am no Glenn beck so now don't start to tickle me.
No one is accusing IV
All we are looking for is some questions, and asking IV to hold something more tangible which attract more members for a cause. A lot of people are loosing faith, to be honest, I lost mine in IV, as I did my contributions pertaining to letters, faxes and other stuff.
However I have not don't any monetary contribution, and the reason is, I want to see some more transparency. I was not a July filer and I have urged IV and Pappu several times to hold something, a rally or some time type of event that attracts attention. But somehow IV does not initiate any attempts.
I want to ask you this, taking the current situations in to consideration, new rules against H1b, more rigidness towards immigrants, why has this organization not initiated something after summer of 2007.
I am sorry, I am not going to buy the notion, we met USCIS and informed them Jack & Jill, in that case where are the results, efficiency is measured by results and not by attempts.
Come back to IV in 2 weeks, and see it for yourself, if this organization attempts to do something or just ignore the posts.
Being a non profit organization, as IV, it runs on people and their involvement. How can organization sustain growth or even stability at this point in time, when no attempts are made to attract new members.
There will be some who will disagree with me, critique me and call me names. But I believe I expressed myself clearly and have not questioned any one's integrity, however I have questioned the efficiency of applied attempts in the past by IV. There are a lot like me, who wants to do something for the cause, bu we need the organization to act like one, and bring in more more transparency to its attempts.
Thank you
No one is accusing IV
All we are looking for is some questions, and asking IV to hold something more tangible which attract more members for a cause. A lot of people are loosing faith, to be honest, I lost mine in IV, as I did my contributions pertaining to letters, faxes and other stuff.
However I have not don't any monetary contribution, and the reason is, I want to see some more transparency. I was not a July filer and I have urged IV and Pappu several times to hold something, a rally or some time type of event that attracts attention. But somehow IV does not initiate any attempts.
I want to ask you this, taking the current situations in to consideration, new rules against H1b, more rigidness towards immigrants, why has this organization not initiated something after summer of 2007.
I am sorry, I am not going to buy the notion, we met USCIS and informed them Jack & Jill, in that case where are the results, efficiency is measured by results and not by attempts.
Come back to IV in 2 weeks, and see it for yourself, if this organization attempts to do something or just ignore the posts.
Being a non profit organization, as IV, it runs on people and their involvement. How can organization sustain growth or even stability at this point in time, when no attempts are made to attract new members.
There will be some who will disagree with me, critique me and call me names. But I believe I expressed myself clearly and have not questioned any one's integrity, however I have questioned the efficiency of applied attempts in the past by IV. There are a lot like me, who wants to do something for the cause, bu we need the organization to act like one, and bring in more more transparency to its attempts.
Thank you
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reddymjm
06-03 07:15 AM
I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.
I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.
I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
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BharatPremi
03-13 11:00 AM
I am going through the process of changing job. My new company says they are fond of EAD. But I am asking for H1 transfer. So they are saying if I want H1 transfer I can do so at my cost. Interesting!!!!
If your are awarded with that option, better use it to maintain H1.
If your are awarded with that option, better use it to maintain H1.
mbawa2574
02-15 02:03 PM
Some ROW folks here suddenly are saying that they like country cap quotas and there are against IV agenda.Why in the first place there should be a country cap on EB immigration ? Is it not the best and brightest in the world ? If there is FIFO implemented, how can a person in ROW will be effected by India and China as long as they meet the standards and file their petition on time.
sanjeev_2004
06-30 09:33 PM
In my opinion July 9th onward is the best time to send 485 packages to USCIS. But this is only my opinion and understanding and every one is free to do any thing with their own decisions or with help of their attorney.
Most of the time my many decisions didn’t proven to be good in past as for as my GC processing goes. So please take your own decision yourself and dont be stressed.
Most of the time my many decisions didn’t proven to be good in past as for as my GC processing goes. So please take your own decision yourself and dont be stressed.
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