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  • SunnySurya
    08-05 04:08 PM
    You seem to be a rational person. You points are compelling and thats why we need to take some legal opinion on it.
    This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.

    ______________________________
    US Permanent Resident since 2002





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  • nogc_noproblem
    08-22 02:55 PM
    A woman and her little girl were visiting the grave of the little girl's grandmother.
    On their way through the cemetery back to the car, the little girl asked, "Mommy, do they ever bury two people in the same grave?"

    "Of course not, dear." replied the mother, "Why would you think that?"

    "The tombstone back there said 'Here lies a lawyer and an honest man."





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  • funny
    09-30 05:58 PM
    please forgive my ignorance and I have asked this question 2-3 times on this thread itself.

    Do you think if Obama comes into power then all the people who are waiting for GC under employment based GCs will loose thier current applications and will have to start all over again in the new Point based system or the new point based system would only be for new applicants? It might very well be possible that Obama campaigns for Recapturing the lost visas and reducing the current backlog quickly so that the new process can be in placed quickly...I doubt that all the pending applicants will be asked to join the new point based queue, because no one would be willing to do it and a lot of people will be going back to thier home country and there would be a lot of crisis specially in IT as he is also campaining for Less H1B, so companies will not be able to hire new H1B.

    Please clarify.
    ^ BUMP^





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  • paskal
    04-09 11:47 AM
    The job description can be put in the way that points to your plus points. If you go the Harvard Biz. school you will have those. I dont think they want you to leave. There will be other avenues out there.

    pete,

    i am a physician and in the same boat as you. my employer searched high and dry before i came along. but you are missing something here. except universities that can hire the "best candidate", every other employer has to employ a citizen/gc applicant with the "minimum qualifications for the job". please revisit the rules if you do not understand this. your talent and extra skills count for nothing. employers cannot take the best applicant...if an LCA is needed. this is a very significant problem if applied to H1B renewals. Any tom dick and harry can displace you every 3 years. think about it please, not just your own situation. i am strongly in favor of H1B reform. i believe that this if linked with a bill like strive dramatically increase support for retrogression relief. however the reform needs to be thought through carefully. a 6 mnth LCA process for each renewal would kill us. let's not throw the baby out with the bathwater...



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  • LostInGCProcess
    08-05 02:59 PM
    Seems to me he started the flood and left....I was going thru this thread, and after couple of pages Rolling_flood seems to have vanished. I think he got what he wanted...a pointless debate. It was funny though to read... :D





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  • alterego
    11-15 07:17 AM
    That has been Lou's view all along. Yet I doubt its sincerity, it follows along the Numbersusa ploy that if you make things hard enough first, all but the ones with the strongest roots will leave. Hence they will say enforcement first but then once that is done you will hear all the restrictionist agenda. In fact there has been some stepped up security at the border recently.
    The policy of all these anti immigration groups is quite clear, divide and rule. They have only tepid and restrictionist at best arguments against Skilled Immigration , and for those of you in the IT field I want to remind you that skilled immigration does not mean just IT. Restrictionist groups are aware that most of america will not stand for their agenda and corporate america will steamrolll their lobbying might. Hence the play all these tricks. YOu should have seen the pathetec defence of the loss of some hardliners in the recent election that Bay Buchanan(Pats wife) gave on Lou Dobbs last night. Their end objective is the same, keep immigration as low as possible.
    Last Night Lou was visibly concerned that there would be something cooking in the Lame duck session.
    The AILA/Compete america is for sure trying to get atleast a H1b expansion and is pushing hard. I am happy to see that they are also pushing for some sort of EB provisions for their permanent employees also.



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  • Macaca
    12-29 07:32 PM
    Commercial Venture

    Turning SKS into a commercial venture allowed the firm to tap an unlimited pool of funds from private investors. That, in turn, let the company grow and reduce rates, Akula says.

    �Interest rates have come down over time,� he says. �Because it works, she comes back year after year,� he says of his customers.

    His autobiography, �A Fistful of Rice� (Harvard Business Review Press, 2010), provides a glimpse of the expansion drive.

    Akula, a former McKinsey & Co. consultant, studied McDonald�s Corp. and Burger King Holdings Inc. in 2005 to learn about their speedy training of unskilled workers. He devised a two-month course to train as many as 1,000 new loan officers a month.

    �I now had one goal for SKS; to grow, grow, grow as fast as we could,� he writes. �We could practice microfinance in a way that would serve more poor people than anyone had ever thought possible.�

    Akula says the commercial model of microfinance isn�t the only way.

    Returning to �Roots�

    �It�s an important complement to other forms of finance,� he says. New microfinance companies don�t spend time to build trust, Akula says. �As an industry, we need to go back to our roots,� he says.

    The Reserve Bank is scheduled to report on the industry in January. The finance ministry is planning new rules.

    Sequoia Capital�s Chadha says he�s concerned about �regulatory uncertainty� created by the state ordinance and prefers federal regulation. Nationwide rules would prevent individual states from damaging credit discipline by waiving loans, Microfinance Institutions� Prasad says.

    �It is no different than needing good regulation for stock investing or starting a manufacturing facility,� SKS investor Khosla says.

    �People, Not Profit�

    From Yunus�s perspective, it�s essential that the industry move away from seeking maximum profits and get back to focusing on the poor.

    �If not, you are not helping poor people�s lives,� he says. �You are not patient. You are not restrained. You don�t have empathy for the people. You are just using them to make money. That�s what blinds you when you are in the profit-making world. We need to see the people, not profit.�

    Any such changes would be too late for Atthili Padma and Shivalingam, a young couple in Andhra Pradesh�s cotton-farming village of Chennampalli.

    Padma, a 22-year-old mother of two, walked out of her house on Oct. 7 with her 18-month-old son and 4-year-old daughter, according to Maruthi Prasad, a superintendent at the police station in Shankarampet.

    Padma�s Death

    Instead of heading to her parents� house as she often did, she walked 2 kilometers in the opposite direction. She came to an old Hindu temple where villagers worship Lord Shiva, the god of destruction. Padma continued until she stood in front of a well once used to irrigate crops, her father-in-law, Pochaiah, says. There, with no one to dissuade her, she jumped into the well with her children.

    The day before she died, Padma had visited her parents after arguing with her husband over loans they couldn�t repay, according to Mangamma, the couple�s neighbor.

    Their marriage five years ago was arranged by their parents and the couple had become close and hadn�t fought before that day, Mangamma says. The loans totaled 20,000 rupees, Pochaiah says.

    Padma�s death is recorded as a microfinance-related suicide in the list by the Society for Elimination of Rural Poverty.

    �Sad Day for Microfinance�

    Police arrested Padma�s husband, Shivalingam, on Oct. 13 for allegedly abetting Padma�s suicide. They also alleged that he�d harassed her to provide money to marry him, which is illegal in India, according to Narayana, a constable at the Shankarampet police station.

    Police made two further arrests on Nov. 8: Share Microfin managers Sriram Raghavender, 27, and Polapalli Kumaraswami, 22, also for allegedly abetting the suicide, according to superintendent Prasad. The two managers and Shivalingam have been released on bail and are awaiting a court hearing, Prasad says.

    Advocates and investors such as Khosla say microfinance -- when it works correctly -- is the best way to give the rural poor a shot at better lives.

    The tragedies in India present the worst possible outcome, says Cashpor�s Gibbons, whose Nov. 15 speech opened a morning session of the annual Microfinance India Summit in New Delhi.

    �This is a sad day for microfinance,� said Gibbons, who has promoted the movement for the past two decades.

    �Often people asked me, �What are you doing here?�� he told the audience. �I�ve been always proud to say, �I�m doing microfinance.� Now, when people ask, I feel embarrassed. I feel like hiding somewhere.�





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  • unitednations
    03-26 08:04 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.



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  • satishku_2000
    08-02 07:10 PM
    Re-file 140 or file an appeal on the 140.

    Filing the appeal; you will be able to extend the h-1b.


    Thanks UN for your comments , any comments for the situation mentioned in this thread
    http://immigrationvoice.org/forum/showthread.php?t=11819





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  • zCool
    04-07 12:45 AM
    I don't think that will be end of the world. H1B was answer to the xenophobia itself. It's beneficial to corporations and US economy but very bad for Indians who are being lured under wrong perception. People are getting temperory permits for jobs that basically happen to be of permanant nature.
    When there happen to be 200K applications for 65K permits on day 1.. and folks from Microsoft and Google have to worry abt being able to keep geniuses they have hired.. something's gotta happen to separate wheat from chaff.. this will be it..!



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  • GCScrewed
    07-13 06:04 PM
    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.

    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.





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  • Refugee_New
    01-07 03:22 PM
    hey dude. just a few posts back, you mentioned that cnn and fox are mouthpieces of a vast jewish conspriacy. and now you have no qualms in using CNN to justify another argument you are making. so i guess it's ok to switch sides in the middle of an argument? i'm not trying to demean you, but you sure have me confused now.

    CNN has to post it because UN brougth the truth out. I posted it here because you guys trust CNN and Fox.



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  • QuietFlowsTheDon
    04-15 06:42 PM
    if you are in DFW metroplex it is a good time to buy.
    prices are holding up in most suburbs. interest rates are pretty good right now.
    when you look at the inflation rates, interest rate could probably go up.
    so if you have been thinking about owning a home for some time, i would say this is the best time in the last couple of years.





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  • rimzhim
    04-09 12:02 PM
    Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.

    My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.

    Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.

    Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.

    If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.

    Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.

    But I never said I am brighter than others who don't have Ph.Ds. In fact, dumbasses like me spend time in labs trying to discover new algorithms instead of making the big bucks in the industry that uses these algorithms :)

    Really rimzhim, stick to research. I dont think you will ever be a leader and lead in anything.


    You said I will never be a leader, and so I told you what my boss thinks. I don't actually think so.

    Also, I have been anonymous too long. I think I need to get rid of that before posting more messages here.



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  • unseenguy
    06-20 05:49 PM
    I went from 3 green's to 6 red's. I am not sure what I did to deserve this. I just expressed my opinion and provided facts on which I based my opinion.

    How do I know who gave me the red's?

    There are some people here who will indulge in tarnishing your reputation when they do not agree with your post. I gave you green to get your reputation back or enhanced. I think your post was very respectable and a free opinion and it did not deserve any red dots.





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  • Macaca
    12-28 06:45 PM
    �We hope that India will be the number one investor in Indonesia' (http://www.thehindu.com/opinion/interview/article1011658.ece) Interview with Mari Elka Pangestu, Indonesian Minister of Trade | The Hindu

    With politics taking precedence over �economics and trade� and India entering into a Free Trade Agreement (FTA) with the ASEAN bloc, commerce has become the new buzz word in intra-regional relations. India's ties with Indonesia, one of the biggest Asian democracies along with India, have grown stronger over the years. The Indonesian Minister of Trade, Mari Elka Pangestu, recently in India, talked to Sujay Mehdudia, about trade relations, commonalities among the two countries and giving a new fillip to the relationship during next month's visit of Indonesian President H. Susilo Bambang Yudhoyono to New Delhi.

    How would you define the relationship between India and Indonesia?

    India and Indonesia enjoy a very warm and �strategic partnership� in the region and this has grown by leaps and bounds over the last few years. The trade between the two nations has outgrown the set targets well before schedule showing the strong bond the two nations enjoy. In 2005, both the countries set a target of achieving $10 billion trade turnover by 2010 against $4 billion at that time. We have been able to achieve that target in 2008 and hope to end the 2010 fiscal with $12 billion trade turnover which speaks volumes about the complimentary nature of our people and economies.

    How do you see this graph progressing in future and what in your opinion should be done to give a new dimension to this relationship?

    As the global economy is still in the recovery stage and the Western countries are still grappling with various economic issues, this provides a huge opportunity to both India and Indonesia to capitalise on the situation. Both the nations need to have a more diversified basket of goods and services to take the economic partnership between both the countries to a new level. We need to set up more institutional mechanisms for Business to Business and Business to Government negotiations. As I mentioned, India-Indonesia trade has already touched $10 billion during January-October 2010 and could cross $12 billon by the year end. This target is likely to be doubled to $24 billion when President Susilo Bambang Yudhoyono visits India to be the chief guest at the Republic Day Parade on January 26 and also holds talks with Prime Minister Manmohan Singh.

    Although, the trade among the two economies has grown tremendously, people to people exchanges and international transport linkage remain an area of concern. What is your take on that?

    There have been some issues pertaining to direct links between the two countries but negotiations are on with the Indian counterparts to link Jakarta directly with major Indian cities. Tourism is another major area where Indonesia has much to offer to the ever growing outgoing number of Indian tourists. Efforts are on to have direct flights from Jakarta to New Delhi, Mumbai, Bangalore, Chennai and Kolkata. It is important that with growing trade, both the nations should provide easy access to their people and the business community at large.

    What are the potential areas of investment that Indonesia could offer to the Indian business community?

    There is an exponential growth in inter-connectivity in Indonesia and this is a huge potential market for Indian investors in this sector. Indonesia offers huge potential and opportunity in the automobile sector, textiles, engineering products � heavy machinery being a good area for cooperation � electronics, consumer products, processed and manufactured goods, pharmaceuticals, creative industry, mining, agro-based products, oil and gas, mining support services, rubber goods, infrastructure and real estate. We hope that India will be the number one investor in Indonesia in the next few years.

    How do view the visit of the Indonesian President to India?

    My visit to India is aimed at a follow-up on a number of bilateral issues as part of efforts to improve trade between the two countries and to prepare for the visit of the Indonesian President to India in early 2011. Mr. Yudhoyono would be in India to enhance the two countries' economic partnership. The joint study group on the Indonesia-India Comprehensive Economic Cooperation Agreement has already submitted its report and a final view is likely to be taken during the visit of the Indonesian President. A number of important bilateral economic and strategic agreements are likely to be signed during Mr. Yudhoyono's visit. We need to take it further to have a far-reaching and wide spectrum agreement for giving a new thrust to future bilateral trade, economic development and investment cooperation between the two countries.

    How does Indonesia view the global multilateral trade talks, also called the Doha Round, for the future of the global economic recovery?

    There is little doubt that the multilateral trade links in developing countries will be a significant driver of economic recovery and growth. There is a very strong call to safeguard the world trade system. We need a strong political will for that. I cannot emphasise enough the risk of a failure in a multilateral trading system for a developing country. We firmly believe that for the global economic recovery, it is important that the Doha Round be completed without any further delay and an equitable trading regime is put in place.

    What are your areas of concern where you feel that the Indian economy could open up?

    We strongly feel that India should open up its retail sector where Indonesia has a lot to offer through its own marketing chains. Similarly, banking is an area of lot of opportunity and that needs to be addressed by the Indian counterparts. We are hopeful that the India-Association of Southeast Asian Nations (ASEAN) agreement on services and goods would be put in place by March 2011 before the India-ASEAN summit. The ASEAN is in favour of 10 plus one formula whereas India wants a one plus 10 formula in this regard. We hope to convince India about the ASEAN stand which is unlikely to change. We hope India would see reason and is able to finalise the deal by March next year.


    Dhaka: fastest growing megacity in the world (http://www.globalpost.com/dispatch/asia/100831/bangladesh-megacities-part-one) GlobalPost



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  • unitednations
    07-08 04:30 PM
    unitednations..!!

    r u the same from immigrationportal.com.. !! people r looking out for u in this immigration greencard darkness..

    Yes, that is the same person. I felt discouraged and decided to not actively post; unless there is some real interesting issue.

    I consider this a real interesting issue.





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  • smuggymba
    07-30 08:11 AM
    100 thousand is not for a president to worry about. But 11-12 Million is a different story..

    I emailed Sen Hutchinson from Texas to vote NO for the DREAM Act and I called it "Organized and Controlled" amnesty as illegal kids who will get GCs will be able to sponsor their illegal parents for GC after 4 years.

    All the illegals who have kids in college will get get GC's in 4 yrs after their kids pass college while EB3 has to wait for 20 years. This is a joke. Look at the reply from the Sen below:

    On March 26, 2009, Senator Richard Durbin (D-IL) introduced S. 729, the DREAM Act, which would allow states to offer in-state tuition rates to long-term resident immigrant students. The bill also would allow certain long-term residents who entered the United States as children to have their immigration or residency status adjusted to conditional permanent resident status or permanent resident status. The DREAM Act has been referred to the Senate Committee on the Judiciary, on which I do not serve. Should S. 729 come before the full Senate, you may be certain I will keep your views in mind.





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  • manub
    07-07 10:07 PM
    There is no interview?:confused:
    We have a lawyer through my company.Since my husband`s AOS is denied we are having doubts.we are thinking of attorney murthy.we already lost what we have.this is our last chance.





    willwin
    07-13 04:05 PM
    Go ahead do it..... send a badly written letter.
    The content of the letter does not read like it was written by a college graduate - at least seek help with writing a professional letter, it sounds very archaic ! Bad expression, poor grammar, poor reasoning, unreadable.

    The letter will fare better if it is at least readable.

    I'm in EB2 but i will continue to help in IV efforts, and contribute $$ when i can for all efforts EB2 or EB3. I understand the pain of EB3 applicants, so do several (most) others.
    Your posts like ".....crying like little babies...." will not help......

    Peace! That letter wasn't the final print; we could change it for better. That was just an initiative. Do not pick on others writing skills. English is after all not the language in which most of us think; we use our mother tongue instead and then do the translation!

    Please help if you can, nobody would deny an helping hand.





    mrajatish
    07-08 07:22 PM
    There are a lot of protections in immigration law for us beneficiaries.

    When we quote laws; we generally are looking for specific items that may benefit us.

    However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.

    Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.


    Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.

    Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.

    All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.

    Frankly, this is very very scary - I do not know what to say here. As per law, USCIS should only worry about what happenned after the last lawful admission into United States. But they can find any number of small faults in a application - after all, the application is so comprehensive that it is biased towards making small mistakes. This may not be true for people who get GC within the first 2-3 years in US but for others, they have a long enough history in US such that they will be pre-disposed to making errors.

    It is best to be up front about a situation if one gets an RFE - even if one has violated certain laws, it is better to admit that and convince the officer about the circumstances leading to such violation.

    My earnest prayers with you - please find a good lawyer to represent your case.



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