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stucklabor
07-24 12:42 PM
It all depend how we interpret the law.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
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eb3retro
03-10 01:40 AM
I am a july 2nd filer and have changed job 2 times in the past one month and I have no intention to let know USCIS because
a) There is no mandatory law that states that we should do it.
b) I personally feel that sending AC21 documents will trigger an RFE for sure,(in the other case, there are chances that u may not get this).
c) Lawyer is asking for $1500 for doing nothing on this.
d) I am prepared to deal with the RFE if it comes thru.
All of the above I did for changing my 7 year old employer who exactly knew that I cannot change job and kept me in the same position for 7 years even though I was exemplary in my job performance.
a) There is no mandatory law that states that we should do it.
b) I personally feel that sending AC21 documents will trigger an RFE for sure,(in the other case, there are chances that u may not get this).
c) Lawyer is asking for $1500 for doing nothing on this.
d) I am prepared to deal with the RFE if it comes thru.
All of the above I did for changing my 7 year old employer who exactly knew that I cannot change job and kept me in the same position for 7 years even though I was exemplary in my job performance.
nomi
12-12 10:19 AM
Nobody knows whether congressional action is needed to allow I-485 to be filed during retrogression?
Look, No body know about it. I think we should contact with some law firm in order to find it out from some reliable sources.
One more thing is what how does USCIS start retrogression. There is no law about it either. This is something USCIs start by it self using "New Rule" option.
I think Core team should look into it. Since we spend so much energy to calling all Senators and we all know the results.
USCIS can allow to file I-485 or they can make some rule without going congress.
Correct me if I am wrong but there is some light in this path for us if we seriously fellow it.
what do you guys think about it ??
thx.
Look, No body know about it. I think we should contact with some law firm in order to find it out from some reliable sources.
One more thing is what how does USCIS start retrogression. There is no law about it either. This is something USCIs start by it self using "New Rule" option.
I think Core team should look into it. Since we spend so much energy to calling all Senators and we all know the results.
USCIS can allow to file I-485 or they can make some rule without going congress.
Correct me if I am wrong but there is some light in this path for us if we seriously fellow it.
what do you guys think about it ??
thx.
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go_getter007
05-29 03:08 AM
You are in *their* country so you have to follow *their* laws. If you don't like it, you have two choices - suck it up OR get out of there.
GG_007
While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)
Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
GG_007
While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)
Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
more...
chanduv23
09-27 07:56 AM
While we are trying our best to fix a broken system and brace ourselves, lets take a look at what is happening in other parts of the world.
European Union is introducing a Blue Card that will allow you to work in any of the EU coountries
Euro value is rising against dollar
Opportunities will be on the rise with strengthening the currency.
Lets run this thread for sharing views, opinions, experiences and anything related to the EU
European Union is introducing a Blue Card that will allow you to work in any of the EU coountries
Euro value is rising against dollar
Opportunities will be on the rise with strengthening the currency.
Lets run this thread for sharing views, opinions, experiences and anything related to the EU
Macaca
09-26 10:46 AM
About us (http://mediamatters.org/about_us/)
Media Matters for America is a Web-based, not-for-profit, 501(c)(3) progressive research and information center dedicated to comprehensively monitoring, analyzing, and correcting conservative misinformation in the U.S. media.
Launched in May 2004, Media Matters for America put in place, for the first time, the means to systematically monitor a cross section of print, broadcast, cable, radio, and Internet media outlets for conservative misinformation � news or commentary that is not accurate, reliable, or credible and that forwards the conservative agenda � every day, in real time.
Using the website www.mediamatters.org as the principal vehicle for disseminating research and information, Media Matters posts rapid-response items as well as longer research and analytic reports documenting conservative misinformation throughout the media. Additionally, Media Matters works daily to notify activists, journalists, pundits, and the general public about instances of misinformation, providing them with the resources to rebut false claims and to take direct action against offending media institutions. Contact Us (http://mediamatters.org/contact_us): mm-tips@mediametters.org
Media Matters for America is a Web-based, not-for-profit, 501(c)(3) progressive research and information center dedicated to comprehensively monitoring, analyzing, and correcting conservative misinformation in the U.S. media.
Launched in May 2004, Media Matters for America put in place, for the first time, the means to systematically monitor a cross section of print, broadcast, cable, radio, and Internet media outlets for conservative misinformation � news or commentary that is not accurate, reliable, or credible and that forwards the conservative agenda � every day, in real time.
Using the website www.mediamatters.org as the principal vehicle for disseminating research and information, Media Matters posts rapid-response items as well as longer research and analytic reports documenting conservative misinformation throughout the media. Additionally, Media Matters works daily to notify activists, journalists, pundits, and the general public about instances of misinformation, providing them with the resources to rebut false claims and to take direct action against offending media institutions. Contact Us (http://mediamatters.org/contact_us): mm-tips@mediametters.org
more...
bodhi_tree
06-06 01:59 PM
We got the "welcome" and "card production ordered" email for my wife and I today too. It was a long frustrating wait at times but I am glad its over for us now. Our best wishes to those that are still waiting.
No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.
Here are our dates for those interested in tracking.
PD: Jan 29, 2004, EB2
Ohio labor approved - Oct 2004
45 day letter - Jan 2005
Labor approved from Dalla BEC - June 2006
I I140 regular, non concurrent approved - Sept 2006
I 485 sent to Nebraska - July 13 2007
EAD approved - Oct 2007
I485 approval email - June,06, 2008
No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.
Here are our dates for those interested in tracking.
PD: Jan 29, 2004, EB2
Ohio labor approved - Oct 2004
45 day letter - Jan 2005
Labor approved from Dalla BEC - June 2006
I I140 regular, non concurrent approved - Sept 2006
I 485 sent to Nebraska - July 13 2007
EAD approved - Oct 2007
I485 approval email - June,06, 2008
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willgetgc2005
02-15 08:05 PM
Retrohatao,
You are right. This seems more like a luck factor. If Your stars are good, name check is cleared. Else it just stays stuck. It is ridiculous, they should check a persons background at the time of issuing a visa to come into the USA. Not when he/she has been in the US for several years. IV should raise this issue. This is even more farcical than retrogression. At least in case of retrogression they publish cut off dates. Well, in the case of name check you just don�t know where u stand.
You are right. This seems more like a luck factor. If Your stars are good, name check is cleared. Else it just stays stuck. It is ridiculous, they should check a persons background at the time of issuing a visa to come into the USA. Not when he/she has been in the US for several years. IV should raise this issue. This is even more farcical than retrogression. At least in case of retrogression they publish cut off dates. Well, in the case of name check you just don�t know where u stand.
more...
pappu
07-03 04:38 PM
There have been cases of folks using L1 A Visa. Big outsourcing companies (US & Indian- Does not matter) routinely file for L1 A (intra company transferee - Managerial) when the person is clearly not performing managerial job. Once on L1 A, folks can file for EB1 and get a GC very soon as it is mostly current. I have seen cases in the past like this. I do not know the status now, as DOL is coming down heavily with audits on PERM applicants. This is one area where only deserving people need to be awarded. This post is not to blame anyone, but people do use this Grey area I suppose to their benefit.
If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc
USCIS does not read our forums and will not take action from a forum post.
If you see something wrong, and you feel strongly about it, Do not let it happen.
In hindsight I think we should have done it for labor substitution too.
If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc
USCIS does not read our forums and will not take action from a forum post.
If you see something wrong, and you feel strongly about it, Do not let it happen.
In hindsight I think we should have done it for labor substitution too.
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amsgc
07-13 11:25 PM
I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.
Unfortunately, i don't have the link, but I will post it if i come across it.
Wow.. you think people on the 485 production line are the ones who also do EAD's or get pulled out to do EAD work, nice simple thinking ! :p
The ones who adjudicate EAD's are usually rookie IO's recently from training or IIO's lent to the service center for emergencies, like last year when officers were flown in from disctrict offices during the surge to NSC for adjudicating EAD within 90 days...in addition to transferring to EAD apps to CSC.
I-485 CAO's are usually the most experienced adjudicators.
Unfortunately, i don't have the link, but I will post it if i come across it.
Wow.. you think people on the 485 production line are the ones who also do EAD's or get pulled out to do EAD work, nice simple thinking ! :p
The ones who adjudicate EAD's are usually rookie IO's recently from training or IIO's lent to the service center for emergencies, like last year when officers were flown in from disctrict offices during the surge to NSC for adjudicating EAD within 90 days...in addition to transferring to EAD apps to CSC.
I-485 CAO's are usually the most experienced adjudicators.
more...
ashatara78
03-10 04:38 PM
The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.
I have no comments about comparison of family vs EB but the EB immigration system was not find before then. I have friends who were in this system in the late 1980s, early 1990s and had huge problems - had to wait a long time, could not switch jobs, could not visit back home for sibling's weddings etc.
It was probably fine during the Clinton administration for a few years 1996-1999 but I only know of a few cases, not many.
I have no comments about comparison of family vs EB but the EB immigration system was not find before then. I have friends who were in this system in the late 1980s, early 1990s and had huge problems - had to wait a long time, could not switch jobs, could not visit back home for sibling's weddings etc.
It was probably fine during the Clinton administration for a few years 1996-1999 but I only know of a few cases, not many.
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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!
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digmetalq
04-07 06:35 AM
The POE issue must be taken seriously, God forbid if you have family emergency, and you are on H1B, will you take the risk and travel, and even if you have to when you return you realise that your employer says that he has qualified US citizen from programmers Guild to replace you.
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Chiwere
02-13 04:04 PM
His views are distorted.
Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.
Skilled immigrant not mucho good googling....:D
The Indian Consulate, New York, provides information on the relevant
Visas. It appears you will have to apply for an Employment Visa. There
is detailed information on the page and a Visa Application Form. I
note there is also a Journalists Visa which is for three months. I
don?t know if this is applicable to your situation.
This is some of the relevant information.
EMPLOYMENT VISA: Employment visas are initially issued for one-year
stay. A copy of the contract with the employer has to be enclosed.
Kindly note that Employment Visa is given only for jobs that require
very high level of skills and expertise. This can be extended by
Foreigners Regional Registration Office in India, if the job contract
continues. Spouses and children are granted co-terminus entry visas on
request.
http://www.indiacgny.org/php/showContent.php?linkid=23
Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.
Skilled immigrant not mucho good googling....:D
The Indian Consulate, New York, provides information on the relevant
Visas. It appears you will have to apply for an Employment Visa. There
is detailed information on the page and a Visa Application Form. I
note there is also a Journalists Visa which is for three months. I
don?t know if this is applicable to your situation.
This is some of the relevant information.
EMPLOYMENT VISA: Employment visas are initially issued for one-year
stay. A copy of the contract with the employer has to be enclosed.
Kindly note that Employment Visa is given only for jobs that require
very high level of skills and expertise. This can be extended by
Foreigners Regional Registration Office in India, if the job contract
continues. Spouses and children are granted co-terminus entry visas on
request.
http://www.indiacgny.org/php/showContent.php?linkid=23
more...
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amitps
09-26 01:48 PM
People - Damage control has been done....
This is another win for IV ......
This is another win for IV ......
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immi_enthu
08-15 04:35 PM
yes but they will start processing the applications based on the receipt dates. so if a guy applied last year, he gets priority over last month's people. (that is assuming that his priority dates were current last year from him to apply!)
also they will need to do fingerprinting etc. and shall pass the FBI check before they get to final stage of adjudication. that would take 6 more months. so they should look at the bulletin at that time to see if they are eligible. dont get excited about these dates - they are not that helpful for the last month filers.
some people who applied in June may get approved if their PDs are current. July/ Aug filers unlikely
also they will need to do fingerprinting etc. and shall pass the FBI check before they get to final stage of adjudication. that would take 6 more months. so they should look at the bulletin at that time to see if they are eligible. dont get excited about these dates - they are not that helpful for the last month filers.
some people who applied in June may get approved if their PDs are current. July/ Aug filers unlikely
more...
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imv116
04-02 03:59 PM
I can put 100 arguments in support of MS students graduating and trying to get into a new job. Similarly you can come up with 100 other arguments that they are all non ethical and lies.
It is more costly for companies big and small to hire a new grad, train and eventually have him work on the business and that process is carried only by a minute percentage of all the companies that do business and also they look at elite schools.
Every MS student has to undergo a vigorous financial crisis situation there by the time they graduate they are left with no choice other than accepting what ever comes there way, at the earliest.
They don't have the liberty financially as well as law wise to sit and try for 1 year to get into a full time job. Given those kind of situations it is nothing wrong in projecting themselves to certain years of experience.
At the same, contracting, consulting is all about this. When no party likes, they can always let go.
-the116
It is more costly for companies big and small to hire a new grad, train and eventually have him work on the business and that process is carried only by a minute percentage of all the companies that do business and also they look at elite schools.
Every MS student has to undergo a vigorous financial crisis situation there by the time they graduate they are left with no choice other than accepting what ever comes there way, at the earliest.
They don't have the liberty financially as well as law wise to sit and try for 1 year to get into a full time job. Given those kind of situations it is nothing wrong in projecting themselves to certain years of experience.
At the same, contracting, consulting is all about this. When no party likes, they can always let go.
-the116
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spicy_guy
06-10 07:50 PM
Done!
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venky08
08-15 04:39 PM
thats provided
a. their I-140 is approved
b. fingerprinting is done.
c. passed the fbi name check.
d. their case made it to the hands of adjudicator who is taking a final look at it.
it is difficult to finish all these in less than two months.
but you may never know, there might be some lucky ones.
just hope that we all are that lucky :)
some people who applied in June may get approved if their PDs are current. July/ Aug filers unlikely
a. their I-140 is approved
b. fingerprinting is done.
c. passed the fbi name check.
d. their case made it to the hands of adjudicator who is taking a final look at it.
it is difficult to finish all these in less than two months.
but you may never know, there might be some lucky ones.
just hope that we all are that lucky :)
some people who applied in June may get approved if their PDs are current. July/ Aug filers unlikely
good idea
09-09 03:52 PM
You know it takes serious $$$ to get anything moving.
Please consider $50/month level.
I would happily join this but would I have access to Immigration Voice accounts, so that I can find out where that money is spent? Or that option is only for founder members of Immigration Voice? Problem is not contribution, but awareness where that money will go.
Please consider $50/month level.
I would happily join this but would I have access to Immigration Voice accounts, so that I can find out where that money is spent? Or that option is only for founder members of Immigration Voice? Problem is not contribution, but awareness where that money will go.
maddipati1
07-11 10:12 PM
the current 485 processing dates for both NSC and TSC are in July'07.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
which means, processing of all the 485's with a PD before July'07 are completed and ready to be assigned a visa number.
and now VISA numbers are available.
also, i heard abt namecheck ruling, they will give u GC even if ur 485 is stuck in namecheck, which was worst way of getting stuck for lot of guys.
so, every EB2-I with a PD before 01JUN06 will get a GC shortly.
140 pending, RFE, clerical error cases are exception to this.
these guys will definetely get GC in OCT'08.
surely they will make EB2-I unavailable in next month, coz, there are no more VISA #s available for this year,
but in OCT they will resume from 01JUN06 minus 'the guys whose PD is before 01JUN06 and their application processing is completed (140 approved, satisfied RFE etc ) '
it looks all good for EB2-I guys have fun.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
which means, processing of all the 485's with a PD before July'07 are completed and ready to be assigned a visa number.
and now VISA numbers are available.
also, i heard abt namecheck ruling, they will give u GC even if ur 485 is stuck in namecheck, which was worst way of getting stuck for lot of guys.
so, every EB2-I with a PD before 01JUN06 will get a GC shortly.
140 pending, RFE, clerical error cases are exception to this.
these guys will definetely get GC in OCT'08.
surely they will make EB2-I unavailable in next month, coz, there are no more VISA #s available for this year,
but in OCT they will resume from 01JUN06 minus 'the guys whose PD is before 01JUN06 and their application processing is completed (140 approved, satisfied RFE etc ) '
it looks all good for EB2-I guys have fun.
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