starlite
07-22 04:27 AM
I guess this community is not for willful violators like you. Here we are trying to share information from/for people who follow rules. There are many people (anti-immigration lobbyist and anti-H1b lobby) reading this forum. This will give impression as if this forum is for giving advise to people like you who do not care for the law and will give bad name to IV. I guess you should cough up some money and get advise from a good immigration lawyer. Also, I would suggest a moderator or administrator to look into this matter adn have this thread removed.
Dear 1234mg,
The immigrant community makes up for all kinds of people with different harships and challenges. My personal story has to do with being out of status as a minor due to the lack of resources that my parents couldn't keep me in status. Yes, my presence in the past violated the immigration law, but it was due to circumstances that were out of my control. And I've taken personal responsiblity to keep my records in accordance of the law ever since I reentered the US.
Your description of my story as "willful" violation is very judgmental and sounds like you feel righteous. But I bet you personally know someone who may have been out of status for one reason or another and I wonder if you are this confrontational and heartless with the person.
If you don't have words of encouragement or constructive feedback, then I suggest that you worry about your own. It doesn't take too much to get out of status given the current immigration system nowadays.
Dear 1234mg,
The immigrant community makes up for all kinds of people with different harships and challenges. My personal story has to do with being out of status as a minor due to the lack of resources that my parents couldn't keep me in status. Yes, my presence in the past violated the immigration law, but it was due to circumstances that were out of my control. And I've taken personal responsiblity to keep my records in accordance of the law ever since I reentered the US.
Your description of my story as "willful" violation is very judgmental and sounds like you feel righteous. But I bet you personally know someone who may have been out of status for one reason or another and I wonder if you are this confrontational and heartless with the person.
If you don't have words of encouragement or constructive feedback, then I suggest that you worry about your own. It doesn't take too much to get out of status given the current immigration system nowadays.
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rajenk
01-17 01:40 PM
Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.
If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.
Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.
Good luck
Raj:)
If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.
Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.
Good luck
Raj:)
eb3_nepa
08-13 09:41 AM
You are right, this does not belong here either. No information other than EMPLOYMENT BASED LEGAL IMMIGRATION belongs here. End of discussion
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saimrathi
07-11 02:50 PM
Office of the governor
http://gov.ca.gov/
Official website http://www.schwarzenegger.com/
http://gov.ca.gov/
Official website http://www.schwarzenegger.com/
more...
msgoud
03-09 11:30 AM
new developement is that HYD consulate called him for rare second interview,atleast that the email says
any idea what to expect,it seems that they want stamp visa cancelled
should we expect any different
any idea what to expect,it seems that they want stamp visa cancelled
should we expect any different
pappu
12-20 10:05 AM
Thanks. Havnt contacted him yet.
post a contact link or email here (for both Stephen Colbert and Jon stewart) so that some members can write to them.
post a contact link or email here (for both Stephen Colbert and Jon stewart) so that some members can write to them.
more...
unseenguy
06-19 07:04 PM
Let me enlighten you folks here who are talking about double standards.
First of all this has got nothing to do with with your immigration issue. Next, the Iranian President has said that Israel should not exist and even denied the holocaust. With their nuclear program underway and talks going on, it was being thought that a more moderate leader will come to helm. Apparently it is now being believed that the elections were rigged. With a moderate leader, it is quite possible that talks may begin and an imminent Israel-Iran war be averted. How can 11 million votes be rigged? If they are counted fast in a few hours, yes they can be rigged.
Every country has issues that their population follows. Its no different than any issue that is followed in Indian media. When one issue dies down, another is brought in forefront. Why are you even surprised?
Well, If Mahmoud Ahmedinejad is referring to genocide then he needs to be condemned and if people have chosen him then there needs to be international pressure on iran to change its policies. However, this election is about choice by Iranian people and their genuine will should be respected. Everyone knows that west hates current dispensation in Iran but best thing to do is not to poke nose in other's affairs. This is something west does often and world despises.
The truth will ultimately come out. But is best left to Iranian people. The moment west sniffs an opening they are all for regime change where they dont like regime. They havent leanrt to live with and respect choices of people where it does not match their agenda.
Past elections have been rigged in India , US , everywhere, so there is nothing new in this. Those who have the power will want to retain it.
First of all this has got nothing to do with with your immigration issue. Next, the Iranian President has said that Israel should not exist and even denied the holocaust. With their nuclear program underway and talks going on, it was being thought that a more moderate leader will come to helm. Apparently it is now being believed that the elections were rigged. With a moderate leader, it is quite possible that talks may begin and an imminent Israel-Iran war be averted. How can 11 million votes be rigged? If they are counted fast in a few hours, yes they can be rigged.
Every country has issues that their population follows. Its no different than any issue that is followed in Indian media. When one issue dies down, another is brought in forefront. Why are you even surprised?
Well, If Mahmoud Ahmedinejad is referring to genocide then he needs to be condemned and if people have chosen him then there needs to be international pressure on iran to change its policies. However, this election is about choice by Iranian people and their genuine will should be respected. Everyone knows that west hates current dispensation in Iran but best thing to do is not to poke nose in other's affairs. This is something west does often and world despises.
The truth will ultimately come out. But is best left to Iranian people. The moment west sniffs an opening they are all for regime change where they dont like regime. They havent leanrt to live with and respect choices of people where it does not match their agenda.
Past elections have been rigged in India , US , everywhere, so there is nothing new in this. Those who have the power will want to retain it.
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gmb
02-02 01:17 AM
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
This is not an issue in your case. It's okay to travel out while your AP application is pending as long as you have a valid current AP. I did this last year after my lawyer confirmed this to me. I also remember seeing a USCIS memo to this effect.
This is not an issue in your case. It's okay to travel out while your AP application is pending as long as you have a valid current AP. I did this last year after my lawyer confirmed this to me. I also remember seeing a USCIS memo to this effect.
more...
glus
09-24 09:00 AM
Usually it comes to lawyer.
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anilvt
09-18 10:31 PM
hello ras,
did u show up today at the rally man?
why don't you show this to congressman
why show us your inventions about GC fourth law ?
and other people like us who can't make decision and change the law?
after gc wud u like to invent citizenship formula
try to get some 50 eople in the next rally
Thanks
did u show up today at the rally man?
why don't you show this to congressman
why show us your inventions about GC fourth law ?
and other people like us who can't make decision and change the law?
after gc wud u like to invent citizenship formula
try to get some 50 eople in the next rally
Thanks
more...
puskeygadha
06-02 09:03 PM
I am a client of fragemonon and what does it mean now
my case was audited on may 21. They were saying there are 10,000
cases they filed and all are audited. What is supervised recruitment
?????
are we doomed?
my case was audited on may 21. They were saying there are 10,000
cases they filed and all are audited. What is supervised recruitment
?????
are we doomed?
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like_watching_paint_dry
03-14 05:09 PM
Yes. You are in status. Filing for I-485 provides you legal status. If you are without project for too long, transferring H1b might not be an option. But you can work on EAD. You will not be out of status.
Good luck with your job hunt.
Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.
You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.
Good luck with your job hunt.
Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.
You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.
more...
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eb3_nepa
08-15 10:28 PM
hi,
where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
can any1 tell what is the window period b ween check clearance and recipt notice?
Thanks.
Hi,
Did you issue just one check for all 485/EAD/AP or did you issue seperate checks. Further did you issue just one check for your family application as that may be why there are so many numbers at the back of the check.
You should call USCIS to get all the receipt numbers.
where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
can any1 tell what is the window period b ween check clearance and recipt notice?
Thanks.
Hi,
Did you issue just one check for all 485/EAD/AP or did you issue seperate checks. Further did you issue just one check for your family application as that may be why there are so many numbers at the back of the check.
You should call USCIS to get all the receipt numbers.
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sanju
11-09 09:58 PM
Why do you need Akbar?
We were talking about all characters from Ramayan ... not from the recent past :) ... and if you still think that we should have one - then let's make Manmohan Singh into one :)...
Have you heard of "Jaane Bhi Do Yaaro"? Jalaluddin Akbar is a character in Ramayan and Mahabharat. Here is a proof.
YzSuM09Gz1w
.
We were talking about all characters from Ramayan ... not from the recent past :) ... and if you still think that we should have one - then let's make Manmohan Singh into one :)...
Have you heard of "Jaane Bhi Do Yaaro"? Jalaluddin Akbar is a character in Ramayan and Mahabharat. Here is a proof.
YzSuM09Gz1w
.
more...
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Prashanthi
08-21 01:54 PM
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? What might have triggered this RFW? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
__________________
The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.
Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.
It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.
It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? What might have triggered this RFW? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
__________________
The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.
Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.
It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.
It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.
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werc
03-28 03:22 PM
So a person on H1B goes onto a H4 and wants to come back onto a H1B 3 months down the line. As per your statement , the person is subjected to the cap. Was that what you were implying ?
I think you were referring to this in the link.
b) Persons who have previously been counted against the H1B quota (a person would only be counted once against the cap unless s/he has a year outside the U.S., thereby resetting the clock on the six-year limit.)
I understand this to mean that aperson who has spent a year outside the US has 2 options.
1. To apply for a new H1 (subject to the cap)
2. To use the remainder of the 6 years he has from his prior H1B.
Please correct me if I am wrong.
If you don't have 1 year gap. otherwise you are subjected to.
I think you were referring to this in the link.
b) Persons who have previously been counted against the H1B quota (a person would only be counted once against the cap unless s/he has a year outside the U.S., thereby resetting the clock on the six-year limit.)
I understand this to mean that aperson who has spent a year outside the US has 2 options.
1. To apply for a new H1 (subject to the cap)
2. To use the remainder of the 6 years he has from his prior H1B.
Please correct me if I am wrong.
If you don't have 1 year gap. otherwise you are subjected to.
more...
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sayantan76
11-06 03:37 PM
AMERICAblog News: ThinkProgress: GOP entering class is a bit nutty (http://www.americablog.com/2010/11/thinkprogress-gop-entering-class-is-bit.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+Americablog+(AMERICAblog))
Here is a snapshot of the GOP Class of 2010�s extremism:
ENVIRONMENT
- 50% deny the existence of manmade climate change
- 86% are opposed to any climate change legislation that increases government revenue
IMMIGRATION
- 39% have already declared their intention to end the 14th Amendment�s guarantee of birthright citizenship
- 32% want to reduce legal immigration
TAXES/SPENDING
- 91% have sworn to never allow an income tax increase on any individual or business � regardless of deficits or war
- 79% have pledged to permanently repeal the estate tax
- 48% are pushing for a balanced budget amendment
i have no particular affinity for either democrats or republicans (and since i cannot vote - dont care much either) - but not everything in this list is bad......
1. almost no other country has an unqualified birth-right on citizenship........so, if americans at some point want this changed - this is well within their rights.......however, constitution amendment process is so complex in this country ( i believe all states have to ratify or something like that) - it is near impossible.
2. balanced budget is not a bad idea - deficit financing ad infinitum does not make much sense
3. most of us dont like tax hikes - so if GOP folks agree with that view - whats wrong with that?
4. Estate Tax is just the Govt's way of destroying individual wealth even after death - repealing it is actually a fairly good idea.
the unfortunate reality is that both parties have some good ideas and some nutty ideas and the pity is we cannot choose what we like best from each - the set of beliefs is a like a package deal - you get the good with the bad.........
Here is a snapshot of the GOP Class of 2010�s extremism:
ENVIRONMENT
- 50% deny the existence of manmade climate change
- 86% are opposed to any climate change legislation that increases government revenue
IMMIGRATION
- 39% have already declared their intention to end the 14th Amendment�s guarantee of birthright citizenship
- 32% want to reduce legal immigration
TAXES/SPENDING
- 91% have sworn to never allow an income tax increase on any individual or business � regardless of deficits or war
- 79% have pledged to permanently repeal the estate tax
- 48% are pushing for a balanced budget amendment
i have no particular affinity for either democrats or republicans (and since i cannot vote - dont care much either) - but not everything in this list is bad......
1. almost no other country has an unqualified birth-right on citizenship........so, if americans at some point want this changed - this is well within their rights.......however, constitution amendment process is so complex in this country ( i believe all states have to ratify or something like that) - it is near impossible.
2. balanced budget is not a bad idea - deficit financing ad infinitum does not make much sense
3. most of us dont like tax hikes - so if GOP folks agree with that view - whats wrong with that?
4. Estate Tax is just the Govt's way of destroying individual wealth even after death - repealing it is actually a fairly good idea.
the unfortunate reality is that both parties have some good ideas and some nutty ideas and the pity is we cannot choose what we like best from each - the set of beliefs is a like a package deal - you get the good with the bad.........
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StukAtBEC
08-11 09:22 AM
If I continue to be on my H-1B status after filing for I-140,I-485, EAD and I-131 concurrently, can my spouse who is currently on a H-4 Visa opt for her EAD after 90 days of filing these forms? If the answer to that question is an yes, is there any limitation in the kind of jobs she can do?
Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.
Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.
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spicy_guy
03-28 11:45 PM
If you are on H1 and employer is not paying weather or not you are on bench, you must report that to DOL. There is a form w-4 (I don't exactly remember the form).
Employee must be paid ALL THE TIME on H1. Period.
That's the law.
Problem for you is, technically you will be out of status if you are not paid.
Employee must be paid ALL THE TIME on H1. Period.
That's the law.
Problem for you is, technically you will be out of status if you are not paid.
greyhair
03-13 12:30 PM
Graham is only opposed to the dems passing Healthcare reform through reconcilliation method, which is ramming through Senate with just 51 votes without regard to any republican inputs or support. It's only that the dems are not listening to repubs suggestions on a very important piece of legislation.
Are you sure democrats are not listening to republican suggestions? Healthcare debate has been going on for over 1 year. In my 8 years in US, never has been so much time given to debate any single issue. Most of the key provisions in the bill were Republican ideas including tax cuts, coverage for preexisting condition etc. Republicans are taking bribes from insurance companies for stalling the healthcare bill. If democrats did not want to include republicans then they could have passed healthcare bill last year when democrats had super majority in the Senate, before Scott Brown's election. All throughout last year democrats have been trying to get republicans on board. Republican party have stalled the entire government. Now with no other choice, after debating healthcare for more than 1 year, republicans want to restart the entire discussion. This is appalling.
Keeping all tradition, Healthcare bill passed with with filibuster proof majority in the Senate. House passed their own bill with majority. House is now trying to pass Senate bill. Then House and Senate will do reconciliation of the House bill and Senate bill in the conference committee. Every bill has to go through conference committee. After conference committee they will again pass the final bill in the House and the Senate with majority vote. What is wrong with this process? Every republican senator was elected with 50% majority. No one asked republican senators to prove 60% vote. Why can't the Senate pass a bill with 51 votes after passing through the filibuster test of 60 votes when that is how others bills pass? So many large bills including Patriot act were passed with 50 Senate votes + 1 vote of Dick Cheney after the conference committee.
There was no immigration bill last year because of healthcare debate. Republican party is a party of no and they don't want to see anything done.
Are you sure democrats are not listening to republican suggestions? Healthcare debate has been going on for over 1 year. In my 8 years in US, never has been so much time given to debate any single issue. Most of the key provisions in the bill were Republican ideas including tax cuts, coverage for preexisting condition etc. Republicans are taking bribes from insurance companies for stalling the healthcare bill. If democrats did not want to include republicans then they could have passed healthcare bill last year when democrats had super majority in the Senate, before Scott Brown's election. All throughout last year democrats have been trying to get republicans on board. Republican party have stalled the entire government. Now with no other choice, after debating healthcare for more than 1 year, republicans want to restart the entire discussion. This is appalling.
Keeping all tradition, Healthcare bill passed with with filibuster proof majority in the Senate. House passed their own bill with majority. House is now trying to pass Senate bill. Then House and Senate will do reconciliation of the House bill and Senate bill in the conference committee. Every bill has to go through conference committee. After conference committee they will again pass the final bill in the House and the Senate with majority vote. What is wrong with this process? Every republican senator was elected with 50% majority. No one asked republican senators to prove 60% vote. Why can't the Senate pass a bill with 51 votes after passing through the filibuster test of 60 votes when that is how others bills pass? So many large bills including Patriot act were passed with 50 Senate votes + 1 vote of Dick Cheney after the conference committee.
There was no immigration bill last year because of healthcare debate. Republican party is a party of no and they don't want to see anything done.
intheyan
09-30 03:10 PM
Does we need to keep track of the period for our next FP or does the USCIS send as a letter every year to do our finger prints?
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