amitjoey
05-25 11:51 AM
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Zil
09-19 01:44 AM
Yes, a plumber occupation would not qualify as a Highly Skilled occupation, it isn't on the list of in demand occupations. So - are you EB3 category? You need at least a 3 year degree for that (or if you don't have a degree, you need 3 years of experience for each year missing - so 9 years experience - depending on your unspecified "equivalent qualifications" - NVQ may or may not count, but I'm only guessing that this is what you have)
If you've been waiting 2 years, you have roughly 4 more years to wait imo, but to be honest, based on the info i have, I have doubts whether it would be feasible. If you can't get an H1B because your job wasn't applicable, getting an EB green card will be very tough.
I think he already cleared LC and I-140 and his case is at the stage of consular processing. Unless the consulate has the authority to question his qualification for an EB3 visa he may get his IV as soon as his PD becomes current.
Zil
If you've been waiting 2 years, you have roughly 4 more years to wait imo, but to be honest, based on the info i have, I have doubts whether it would be feasible. If you can't get an H1B because your job wasn't applicable, getting an EB green card will be very tough.
I think he already cleared LC and I-140 and his case is at the stage of consular processing. Unless the consulate has the authority to question his qualification for an EB3 visa he may get his IV as soon as his PD becomes current.
Zil
hopefulgc
03-05 01:37 PM
If it is an IBM 3270, 5250, etc mainframe it still wouldn't take that long.
Let me take it a step further.
If the information is stored as a segregated flat file, it won't take that long.
One could just proxy a perl/java gateway and write a script to parse data.
Who does it.. makes all the difference.
Those of you who are thinking that you can write a SQL query in a snap, you are egregiously mistaken.
The CLAIMS database, which contains the AOS/485 petitions is neither a SQL database nor a modern CRM application. AFAIK, It is a legacy Mainframe system and needs significant effort and rare expertise to extract the data.
Ideally, The Country of Chargeability should be in there. But these systems were built around 92 or before and the requirements gathering probably might not have thought about retrogression or carelessly left it out. What ever it is, it is not in the electronic format, it is almost impossible to get the biographic information unless a physical check is conducted. We can cringe and cry all we want, but not a lot is going to happen on the CC
The good side of the issue is, Since EB-3 ROW is beyond 2004 and we have per country PERM data (not completely accurate, but significant), our statisticians and operations research folks will break down both data and get some thing that is valuable and accurate above 90%. We can safely assume that more than 90% EB-3 Pending before 2005 belong to I, C & M.
What bothers me is the requirement of the definition of Priority Date? You would expect some one in the CIS/NRC to know what a priority date is. Don't ya? Any ways, We are working with members who received the response to get a better answer from CIS to determine further action.
Stay tuned and we will let you know.
Let me take it a step further.
If the information is stored as a segregated flat file, it won't take that long.
One could just proxy a perl/java gateway and write a script to parse data.
Who does it.. makes all the difference.
Those of you who are thinking that you can write a SQL query in a snap, you are egregiously mistaken.
The CLAIMS database, which contains the AOS/485 petitions is neither a SQL database nor a modern CRM application. AFAIK, It is a legacy Mainframe system and needs significant effort and rare expertise to extract the data.
Ideally, The Country of Chargeability should be in there. But these systems were built around 92 or before and the requirements gathering probably might not have thought about retrogression or carelessly left it out. What ever it is, it is not in the electronic format, it is almost impossible to get the biographic information unless a physical check is conducted. We can cringe and cry all we want, but not a lot is going to happen on the CC
The good side of the issue is, Since EB-3 ROW is beyond 2004 and we have per country PERM data (not completely accurate, but significant), our statisticians and operations research folks will break down both data and get some thing that is valuable and accurate above 90%. We can safely assume that more than 90% EB-3 Pending before 2005 belong to I, C & M.
What bothers me is the requirement of the definition of Priority Date? You would expect some one in the CIS/NRC to know what a priority date is. Don't ya? Any ways, We are working with members who received the response to get a better answer from CIS to determine further action.
Stay tuned and we will let you know.
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ohmasala1
06-23 05:09 PM
I called and the staff member said, she will pass the message
more...
Michael chertoff
03-26 11:04 PM
Here I will summarize why we are unable to work with each another
By this and a later post MC is showing openly brazen attitude toward EB3 applicants. Such posts should be first of all, banned from IV and I am going to report all such posts.
You wouldn't show this :( expression if it were YOUR hibernating application. Also see if Mr. Nathan's comment below would apply to you
This is the brazen post I was talking about earlier. Even MC himself acknowledges that this post is "unhelpful", and he is deliberately doing this. This gives a negative impression of how serious this person is. I would urge him to buck up and learn to work with everyone, and quit watching "balance" from his sole viewpoint
This is an "us vs them" argument. Not upto the standard desirable from IV point of view
Understand the realities here: IV is struggling to make even the most legitimate views heard and you are sitting and talking away as if USCIS and lawmakers are your servant. Go for the ONE thing to wish for that will solve all troubles, because you have only one chance.
Good dialogue. Ironic how it applies to so many posts here arguing in the opposite direction
"all the EB3s are against spillover and making comments that it's not happening this year. It feels like EB3s do not want EB2s to get GCs."
are you yourself convinced of this? I highly doubt.
You make no sense man. I am not against EB3. I just said what I think, and I can be wrong too. If you dont like this just ignore or give your view on how it justified to change the line in the middle of the game.
MC
By this and a later post MC is showing openly brazen attitude toward EB3 applicants. Such posts should be first of all, banned from IV and I am going to report all such posts.
You wouldn't show this :( expression if it were YOUR hibernating application. Also see if Mr. Nathan's comment below would apply to you
This is the brazen post I was talking about earlier. Even MC himself acknowledges that this post is "unhelpful", and he is deliberately doing this. This gives a negative impression of how serious this person is. I would urge him to buck up and learn to work with everyone, and quit watching "balance" from his sole viewpoint
This is an "us vs them" argument. Not upto the standard desirable from IV point of view
Understand the realities here: IV is struggling to make even the most legitimate views heard and you are sitting and talking away as if USCIS and lawmakers are your servant. Go for the ONE thing to wish for that will solve all troubles, because you have only one chance.
Good dialogue. Ironic how it applies to so many posts here arguing in the opposite direction
"all the EB3s are against spillover and making comments that it's not happening this year. It feels like EB3s do not want EB2s to get GCs."
are you yourself convinced of this? I highly doubt.
You make no sense man. I am not against EB3. I just said what I think, and I can be wrong too. If you dont like this just ignore or give your view on how it justified to change the line in the middle of the game.
MC
sammyb
10-01 03:27 PM
Couldn't stop writing this one liner to appreciate you sense of humor :D :D :D - hope we stop wasting IV server space and contribute towards positive discussion than a travel review site ...
The discussion is getting more and more interesting. somebody posted his/her experience with a particular airlines in the begining and lot of us joined in to crucify him/her for having said that. Then saxena came with his private jet and flight atendents and now saxena is getting rounded up. Interestingly UP/Bihar came up (knowingly / unknowingly) almost as a derogatory remark. Then somebody proved that its not UP/Bihar but south indians who are really hipocrites. In between all this somehow the airlines industry people escaped and are laughing. The final take seems to be something like this; We have chosen to be frustrated and if the earth doesn't give us reasons we will look for it in the sun. Either way we will reach our goals. Now let us make a tally of how many reds / greens each person got and find the winner.
Whenever and if at all I ever get to meet the creator divine I will certainly ask him how drunk he/she really was when he created the human brain.
Anyway sorry for interupting the "serious" discussion. Please continue...
The discussion is getting more and more interesting. somebody posted his/her experience with a particular airlines in the begining and lot of us joined in to crucify him/her for having said that. Then saxena came with his private jet and flight atendents and now saxena is getting rounded up. Interestingly UP/Bihar came up (knowingly / unknowingly) almost as a derogatory remark. Then somebody proved that its not UP/Bihar but south indians who are really hipocrites. In between all this somehow the airlines industry people escaped and are laughing. The final take seems to be something like this; We have chosen to be frustrated and if the earth doesn't give us reasons we will look for it in the sun. Either way we will reach our goals. Now let us make a tally of how many reds / greens each person got and find the winner.
Whenever and if at all I ever get to meet the creator divine I will certainly ask him how drunk he/she really was when he created the human brain.
Anyway sorry for interupting the "serious" discussion. Please continue...
more...
Vsach
09-15 08:36 PM
Hi Chanduv,
What does NOID mean? In other words we should invoke AC-21 if requested by USCIS?
Appreciate inputs.
Regards
What does NOID mean? In other words we should invoke AC-21 if requested by USCIS?
Appreciate inputs.
Regards
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oldschool
10-10 12:04 PM
IV MI Meet
Date : 10/20
Location : Troy Recreation Center, Troy ( Livernois b/n Big Beaver and Wattles)
Address : 3179 Livernois, Troy, MI 48083 ( courtesy Google)
Time : 10:00 am sharp ( no ISTs)
Agenda : Discuss future actions - Lawmaker meetings, publicity campaign, getting attorneys to answer GC questions pro bono etc.
----------------------------------------------
Confirmed - 15
cagedcactus
walking_dude
vs116
amitga
swamy
oldschool
Alien
Curious_Techie
nogc_noproblem
bestin
new_horizon
lakewalker
GCcomesoon
chintu25
miapplicant
Waiting confirmation/May be - 3( help us reach 16 and above)
IV2007
psgprasad
simon
FinalGC
Others, please come forward and join us ( help us reach 16 and above )
I am very sorry but I will not be able to make it on the 20th. I was informed by my Indian friend that he will get married on the same day at Troy too. Talking about coincidence. Anyway, I wish the Michigan Chapter meeting will be successful.
Date : 10/20
Location : Troy Recreation Center, Troy ( Livernois b/n Big Beaver and Wattles)
Address : 3179 Livernois, Troy, MI 48083 ( courtesy Google)
Time : 10:00 am sharp ( no ISTs)
Agenda : Discuss future actions - Lawmaker meetings, publicity campaign, getting attorneys to answer GC questions pro bono etc.
----------------------------------------------
Confirmed - 15
cagedcactus
walking_dude
vs116
amitga
swamy
oldschool
Alien
Curious_Techie
nogc_noproblem
bestin
new_horizon
lakewalker
GCcomesoon
chintu25
miapplicant
Waiting confirmation/May be - 3( help us reach 16 and above)
IV2007
psgprasad
simon
FinalGC
Others, please come forward and join us ( help us reach 16 and above )
I am very sorry but I will not be able to make it on the 20th. I was informed by my Indian friend that he will get married on the same day at Troy too. Talking about coincidence. Anyway, I wish the Michigan Chapter meeting will be successful.
more...
senthil
03-19 09:55 AM
I see usage if "STEM degree" in most of this thread - conversations .... Would like to understand more on what STEM mean. Can anyone 2 line brief when u get a moment to spare. thanks.
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ivvm
10-15 10:08 PM
I have had good experience with Wayne Chapple Law Firm in Hartford CT. I am dealing with Attorney Taras, and he has been extremely prompt and has responded to all my queries/ update request in a very timely fashion, despite the fact that my employer paid for all the processes. They have handled my case from H1 to GC...I would definitely recommend him!
more...
gsmishra
07-23 03:10 PM
Latest FAQ from uscis says we can file I-485 without I-140 recipt notice
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q19: What procedures should be followed when filing an I-485 application based on a pending I-140, when the petitioner has not received a copy of the I-140 receipt notice?
A19. Applicants filing a Form I-485 that does not contain a copy of an I-797 receipt notice for a previously filed Form I-140 are advised to put a brightly colored sheet of paper on top of the filing with the following notice and information: TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q19: What procedures should be followed when filing an I-485 application based on a pending I-140, when the petitioner has not received a copy of the I-140 receipt notice?
A19. Applicants filing a Form I-485 that does not contain a copy of an I-797 receipt notice for a previously filed Form I-140 are advised to put a brightly colored sheet of paper on top of the filing with the following notice and information: TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
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prince_charming
09-25 12:28 PM
Prince,
You will be fine as per the rules. Just make sure you hire a very capable and reputed attorney, just in case the one you have isnt the best. I faced something like this, with 140, and went to one of the big firms we quote many times here and the case was approved with an MTR in just 20 days.. DOnt loose heart. But make sure you do the documentation whatever is needed and make no compromises there. Provide more thats relevant.
Sri.
Thanks guys.
Still waiting on I-485 denial notice.... its almost 13 days and haven't received it yet. My attorney called them and asked for FAX of denial notice.
You will be fine as per the rules. Just make sure you hire a very capable and reputed attorney, just in case the one you have isnt the best. I faced something like this, with 140, and went to one of the big firms we quote many times here and the case was approved with an MTR in just 20 days.. DOnt loose heart. But make sure you do the documentation whatever is needed and make no compromises there. Provide more thats relevant.
Sri.
Thanks guys.
Still waiting on I-485 denial notice.... its almost 13 days and haven't received it yet. My attorney called them and asked for FAX of denial notice.
more...
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alterego
09-20 06:35 PM
I have to admire the unbelievable energy and commitment of you guys. Especially those who organized the rally and to some extent those who attended it from far away are probably tired and catching their breath!
We need to have some creativity and strategy in our next step. Rally after rally probably is not the best way to get that, the so called law of diminishing returns. The flower protest for example gave us a lot of visibility and media coverage since it was something intriguing and new. It was fairly inexpensive and got us the kind of coverage we wanted and arguably results that were out of size with the effort.
I think we need to think outside the box and have one more high publicity event. Another rally is certainly an option for later should legislative action heat up. I'm hopeful the upcoming legislation will allow someone to introduce friendly legislation. I am sure IV's lobbying advisers will have some input on timing etc. and I am pretty sure organizations like compete America etc. also will use this to push their efforts as well. IV core ought to be in contact with them.
A few very important things came from this rally. Firstly, that we can organize such an event, in no small part due to such a committed and capable leadership team. We got fairly good media coverage in highly visible newspapers, that covered not just the event but also some of the issues facing us in clear detail. Finally the lobby day events were definitely very good. I was amazed that 150 meetings took place.
To put this in context, large national organizations of some professions have these lobby days sometimes, and they do well to get about 100 lawmaker meetings done.
One thing I wish to add is that we must develop a good way of sending out many letters at will/as per the strategy of IV core to the lawmakers at critical times. We are 23K strong. Surely we can get atleast as many letters sent in to lawmakers at critical times. If you can't send a written petition to a lawmaker then I doubt it makes any sense to even think you or anyone can alter your fate, in that case time spent on sites like this is for what reason?
Professional organizations do letter campaigns all the time and get a good response. If everyone moves on these issues it does create a splash and can bring visibility and attention.
All ideas should be collected here in this thread.
We need to have some creativity and strategy in our next step. Rally after rally probably is not the best way to get that, the so called law of diminishing returns. The flower protest for example gave us a lot of visibility and media coverage since it was something intriguing and new. It was fairly inexpensive and got us the kind of coverage we wanted and arguably results that were out of size with the effort.
I think we need to think outside the box and have one more high publicity event. Another rally is certainly an option for later should legislative action heat up. I'm hopeful the upcoming legislation will allow someone to introduce friendly legislation. I am sure IV's lobbying advisers will have some input on timing etc. and I am pretty sure organizations like compete America etc. also will use this to push their efforts as well. IV core ought to be in contact with them.
A few very important things came from this rally. Firstly, that we can organize such an event, in no small part due to such a committed and capable leadership team. We got fairly good media coverage in highly visible newspapers, that covered not just the event but also some of the issues facing us in clear detail. Finally the lobby day events were definitely very good. I was amazed that 150 meetings took place.
To put this in context, large national organizations of some professions have these lobby days sometimes, and they do well to get about 100 lawmaker meetings done.
One thing I wish to add is that we must develop a good way of sending out many letters at will/as per the strategy of IV core to the lawmakers at critical times. We are 23K strong. Surely we can get atleast as many letters sent in to lawmakers at critical times. If you can't send a written petition to a lawmaker then I doubt it makes any sense to even think you or anyone can alter your fate, in that case time spent on sites like this is for what reason?
Professional organizations do letter campaigns all the time and get a good response. If everyone moves on these issues it does create a splash and can bring visibility and attention.
All ideas should be collected here in this thread.
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naidu2543
04-17 07:53 AM
The first attorney that we had at Fragomen was so responsice and helpful and the second one rarely responds. It depends on the Attorney you get. In this case the better option is to have good replationship with your employer and ask your employer to request Fragomen for differnt Attorney. Our employer pays them lots of money and they have leverage.
more...
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TheOmbudsman
11-07 10:22 PM
With Sen. Pelosi in charge of the House, you can expect a leverage for sure. More corrupt than ever, a Democrat powered senate should push hard for illegal alien amnesty. If you are lucky enough to get your case processed before those 20 million+ people, yes, that can work well.
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anilsal
12-10 05:52 PM
First off it is quite frustrating with people not participating and not putting their money where their mouth is. However, on a constructive note, screaming at people for behaving the way they are behaving rarely gets them to meekly surrender and start doing the right thing. Whether people do it out of their own free will or after persuasion, it take courage for people to participate. What works is to look at the problem and not to personalize the issue. So poor participation is the issue. If you are consistently not getting enough people to attend then it makes sense to delay the frequency of the meetings as one option. The other option is to call people and ask why they were unable to attend and give them a chance to come for the next meeting. Maybe the projection of rounding up x people was based on poor assumptions. So setting realistic expectations and then building momentum from there is the key. This is a dry tough fight. We need to set up tangible goals which break the vision down yet show the grassroot level people how the baby steps will lead to success. Most people in my opinion, back off because they do not see a realistic connection between the baby steps and the final vision. I think if we treat this like a challenge and try to understand the underlying problems, this movement will have a better chance at success. Regards, JH
P.S. My apologies for offering unsolicited advice. Please feel free to ignore. and understand that my intentions are good.
Chapter meetups is a positive step. The so called baby step.... If folks RSVP and do not show up, the leaders will get upset if the same folks do not have the courtesy to tell why they did not show up....;)
P.S. My apologies for offering unsolicited advice. Please feel free to ignore. and understand that my intentions are good.
Chapter meetups is a positive step. The so called baby step.... If folks RSVP and do not show up, the leaders will get upset if the same folks do not have the courtesy to tell why they did not show up....;)
more...
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mundada
01-12 05:06 PM
Guys while thinking more about this... why not approach EEOC and it will be cheaper. The commission was created to protect employee's rights.
Someone with EB2 from 2004 or EB3 from 2001 should be able to convince EEOC that he was forced to have same or similar jobs for a long time because of long wait for green card while at the same time people from other countries did not have any such hinderances in their career advancement. Therefore, the country quota in employment based green card category leads to discrimation at work.
Here are the contact details of EEOC:
Contact Us (http://www.eeoc.gov/contact/index.cfm)
Someone with EB2 from 2004 or EB3 from 2001 should be able to convince EEOC that he was forced to have same or similar jobs for a long time because of long wait for green card while at the same time people from other countries did not have any such hinderances in their career advancement. Therefore, the country quota in employment based green card category leads to discrimation at work.
Here are the contact details of EEOC:
Contact Us (http://www.eeoc.gov/contact/index.cfm)
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Legal
06-30 07:36 PM
>>>>>It will also affect many starry eyed new H1-Bs chasing their ever elusive GC dream. Haven�t we all had enough<<<<<
Not really. Some/ many will have it easy especially if they were not foolish enough to be born in India.:mad:
Pls read the following advice from Siskind to some new potential H1B applicants.
http://www.ilw.com/articles/2006,0705-siskind.shtm
An option available to many this year will be filing for permanent residency. There are many work-related green card applications that can be filed without a labor certification. And the new PERM labor certification program means that employment authorization can be obtained much earlier. Now that concurrent filing of I-140 and adjustment of status applications area available, it may be possible to secure an employment authorization document in a matter of a couple of months after the green card process is started.
Not really. Some/ many will have it easy especially if they were not foolish enough to be born in India.:mad:
Pls read the following advice from Siskind to some new potential H1B applicants.
http://www.ilw.com/articles/2006,0705-siskind.shtm
An option available to many this year will be filing for permanent residency. There are many work-related green card applications that can be filed without a labor certification. And the new PERM labor certification program means that employment authorization can be obtained much earlier. Now that concurrent filing of I-140 and adjustment of status applications area available, it may be possible to secure an employment authorization document in a matter of a couple of months after the green card process is started.
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rayen
06-16 02:22 PM
Hello GC_ Cheack, I also sent it to TSC , USPS has delivered on June 8th.. may be I will wait for couple of days. Thanks, Paul
ram04
12-08 07:09 PM
Thanks to all the moral support given by Chandvu,Pd Recapturing and all others.
With all your wishes and almighty blessings today I got MTR approval and I485 into reopen status.
My earlier employer revoked I 140 in Sept 08 . Applied MTR in OCT and got MTR approval and 485 reopened notification today.
However online still not updated - may be site is still down.
Thanks again.
- Ram
With all your wishes and almighty blessings today I got MTR approval and I485 into reopen status.
My earlier employer revoked I 140 in Sept 08 . Applied MTR in OCT and got MTR approval and 485 reopened notification today.
However online still not updated - may be site is still down.
Thanks again.
- Ram
Ramba
05-30 07:28 PM
What is good about it. How will this decrease our current backlogs. This is an amendment to change the merit based system, not solve the current backlog problem.
We cannot judge at this point in time what the final bill is going to be like.
If the merit based system after passage of the bill seem more lucrative then many will re apply under this system and we come back to square one - i.e backlogs
We have to get out of the current problem which will solve a lot of problems.
I hope this amendment will pass as it was proposed by important senators like, Chairman of Judiciary committee Mr Leahy, Mr Cornyn, Mr Hatch. This alters the equation completely. If it passes, the total EB & Merit based visas are 387,000. The total EB visas as per old system will be 230K.
Merit based system: 247K (147 for newly created point based +90 K to clear backlogs)
Employer Sponsored System (as per amendment) = 140K
Therefore 230K is available as per old EB system. Apart from that, most of the EB1 and EB2 guys and the dependents of EB visa holders will be exempted from numerical limitations. This is the proposal we should support.
We cannot judge at this point in time what the final bill is going to be like.
If the merit based system after passage of the bill seem more lucrative then many will re apply under this system and we come back to square one - i.e backlogs
We have to get out of the current problem which will solve a lot of problems.
I hope this amendment will pass as it was proposed by important senators like, Chairman of Judiciary committee Mr Leahy, Mr Cornyn, Mr Hatch. This alters the equation completely. If it passes, the total EB & Merit based visas are 387,000. The total EB visas as per old system will be 230K.
Merit based system: 247K (147 for newly created point based +90 K to clear backlogs)
Employer Sponsored System (as per amendment) = 140K
Therefore 230K is available as per old EB system. Apart from that, most of the EB1 and EB2 guys and the dependents of EB visa holders will be exempted from numerical limitations. This is the proposal we should support.
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