xbohdpukc
12-03 02:42 PM
I think the most confusion is caused by our willingness to interpret the definition of discrimination too broadly. Let's see what exactly is done here when an employer refuses a visa sponsorship for a prospective employee.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
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TwinkleM
07-15 02:29 AM
Applied for H1B. We already have the H1B approval notices. We also have EAD/AP. Still we got dragged into this.
The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.
Everything is way above board for us. Still we got stuck!
Can you please let know, where is the passport stuck? What country & which consulate.
Also, was this for new H1 B visa or transfer? If new, I assume, it is not first one, am I right?
Thanx in Advance
The H1B sponsoring company is a large and famous Biopharma company with billions in market cap. AOS is also through the I-140 from that company.
Everything is way above board for us. Still we got stuck!
Can you please let know, where is the passport stuck? What country & which consulate.
Also, was this for new H1 B visa or transfer? If new, I assume, it is not first one, am I right?
Thanx in Advance
eb3retro
10-24 04:08 PM
You deserve a gc right away after such a long and painful wait. Dont lose hopes.
Thanks for the good luck . I really need it !
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
Thanks for the good luck . I really need it !
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
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rockstart
04-21 10:08 AM
Sheila,
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
I see the problem with the 1+3 since that would be combining. The 2+3 usually gets accepted. However you just never know how things will go with USCIS.
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
I see the problem with the 1+3 since that would be combining. The 2+3 usually gets accepted. However you just never know how things will go with USCIS.
more...
starscream
06-23 09:38 PM
Related article:
Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)
Cornyn Calls on Obama to Present Immigration Reform Plan
Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.
�What we need is not another photo op at the White House. What we need now is a plan from the president,� said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.
�The president doesn�t write legislation, but he does have the bully pulpit,� Cornyn said, adding that right now �it�s unclear how they can get it finished.�
Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress � already spread thin with health care and climate change legislation � can take up yet another time-consuming and sweeping proposal.
Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: �We�ve got a full plate already.�
�There�s been little discussion from our side on immigration reform. I�ve honestly not given it a lot of thought,� McConnell said.
But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.
�We have to finish health care and climate change, but being third on the list is pretty good,� Reid said, predicting that he could muster up the votes for a bill later this year.
Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline �the principles that will guide legislation he intends to introduce in the Senate later this year,� according to a release.
Schumer will also attend the White House meeting Thursday.
Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)
Cornyn Calls on Obama to Present Immigration Reform Plan
Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.
�What we need is not another photo op at the White House. What we need now is a plan from the president,� said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.
�The president doesn�t write legislation, but he does have the bully pulpit,� Cornyn said, adding that right now �it�s unclear how they can get it finished.�
Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress � already spread thin with health care and climate change legislation � can take up yet another time-consuming and sweeping proposal.
Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: �We�ve got a full plate already.�
�There�s been little discussion from our side on immigration reform. I�ve honestly not given it a lot of thought,� McConnell said.
But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.
�We have to finish health care and climate change, but being third on the list is pretty good,� Reid said, predicting that he could muster up the votes for a bill later this year.
Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline �the principles that will guide legislation he intends to introduce in the Senate later this year,� according to a release.
Schumer will also attend the White House meeting Thursday.
Lisap
08-22 04:26 PM
I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
You don't have to be so nasty. I thought everyone on here is supposed to support one another for the cause?
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
You don't have to be so nasty. I thought everyone on here is supposed to support one another for the cause?
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saro28
12-28 09:34 PM
Did anyone see payment issue today? I have been trying for past 24 hours, INS site says "Cannot accept payment at this time"
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FinalGC
01-06 09:39 AM
It is correct that a MBA will prepare one for mutiple fields, however the question being asked is specific for IT professionals who are trying to jump into management.
I believe the confusion is there between MBA and PMP, because some of the folks are at a juncture where they want to make a quick buck and are also thinking of career advancement.
Yes for a quick buck you can get a PMP and move up the ladder, but for long term sustainance you need MBA for senior management posts.
I believe the confusion is there between MBA and PMP, because some of the folks are at a juncture where they want to make a quick buck and are also thinking of career advancement.
Yes for a quick buck you can get a PMP and move up the ladder, but for long term sustainance you need MBA for senior management posts.
more...
belmontboy
05-18 09:37 PM
For a moment, leave the IIT/merit/experience arguments aside...fact is US graduate schools get taxpayer funds...and one way or other students graduating in US get benefit from those taxes. Senators do not want their tax $$ investments to leave the country...that only is the reason they did something for US graduates in H1...this separate quota may or may not fly...as there is no direct benefit for US...stay on H1B and pay taxes good for usa :cool:
wrong.
Each MS student invests atleast 20k for his program [average]. He/She doesnot get any benefit from taxes. However, its the university benefits from foreign students. If you take CS/EE/science program atleast 50% of students would be foreigners [avg].
One of the main reasons why a Master's quota of 20k was added was to retain the "US educated" talent. I suppose we could argue on similar terms for GC quota for Masters students.
wrong.
Each MS student invests atleast 20k for his program [average]. He/She doesnot get any benefit from taxes. However, its the university benefits from foreign students. If you take CS/EE/science program atleast 50% of students would be foreigners [avg].
One of the main reasons why a Master's quota of 20k was added was to retain the "US educated" talent. I suppose we could argue on similar terms for GC quota for Masters students.
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black_logs
02-20 08:39 PM
Mercies.... if your answer is still not answered than please call QGA and find out about us. Before spending so much time writing this post if you had gone to the resources, you would have got some questions answered.
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NH123
05-15 12:02 PM
Case Rejected because of Incorrect Fee
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
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dixie
11-30 06:19 PM
I got a discover card in 2004 when I was still a student. maybe they forgot to check my immigration status.
until 2002 they issued.after that they stopped..
until 2002 they issued.after that they stopped..
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anshal
12-30 10:04 AM
My received date is July 3rd for 485, I140 approved July 18, notice date June 26, 07. for AC21, Is my safe date Dec 30th or Dec 31st. Should I be working on the 31st December for current(485) employer or I am safe today?
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go_guy123
03-11 11:35 PM
I don't have personal problems except with the point I mentioned. I am a consultant. Whenever I go on vacation, I take long vacations after discontinuing my current project. I comeback from vacation and look for a new project. I don't think there is anything fraudulent about that practice. So the above rule definitely concerns me. I think that is non-sense.
What you are saying I understand. And many american/GC holders work as independent contractors on 1099. But H1B is never designed for independent contractor (1099). H1B is designed as W2. By using percentage basis H1B consultants are trying to work like independent contractor on 1099. USCIS is trying to crack down on that.
What you are saying I understand. And many american/GC holders work as independent contractors on 1099. But H1B is never designed for independent contractor (1099). H1B is designed as W2. By using percentage basis H1B consultants are trying to work like independent contractor on 1099. USCIS is trying to crack down on that.
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gc_on_demand
11-21 06:31 PM
That's very true. Shame on us for being lazy and waiting for the right moment.
The 16th district teams needs to be more re-united. I will talk to digital2k and arrange to meet Zoe in few days.
I was looking for some one who is from Dis 16th. Please start movement rfom there.. ( her office ) do let me know what comes out. I am ready with next action iteam.. call list... unless she agrees nothing can start except media drive.
The 16th district teams needs to be more re-united. I will talk to digital2k and arrange to meet Zoe in few days.
I was looking for some one who is from Dis 16th. Please start movement rfom there.. ( her office ) do let me know what comes out. I am ready with next action iteam.. call list... unless she agrees nothing can start except media drive.
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EB2_Jun03_dude
05-08 11:42 AM
Just like many of us, I am living in this country legally for the last 10 years. After some anxious 5 years wait, I finally got GC last month. IV is definitely the best thing to happen to legal-immigration in US.
Many of us come to this country to escape the rotten bureaucracy in our native places and are completely taken back when we face a similar system in US. The work IV is doing and can do is enormous.
Getting GC is an important milestone in an immigrant's journey. But again remember it is just a milestone and not the destination(CZship). I know you do not want to look beyond GC, but after surviving through the GC processs and paying regular taxes for 10 years I think we deserve a speed pass for CZship and should not sent in another line.
I wish all IV members a fast and safe GC/CZ journey !
Many of us come to this country to escape the rotten bureaucracy in our native places and are completely taken back when we face a similar system in US. The work IV is doing and can do is enormous.
Getting GC is an important milestone in an immigrant's journey. But again remember it is just a milestone and not the destination(CZship). I know you do not want to look beyond GC, but after surviving through the GC processs and paying regular taxes for 10 years I think we deserve a speed pass for CZship and should not sent in another line.
I wish all IV members a fast and safe GC/CZ journey !
more...
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desi3933
11-03 01:31 PM
If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing?
Are you saying that it's all smoke and no fire?
Read this post -
http://immigrationvoice.org/forum/1977273-post22.html
.
Are you saying that it's all smoke and no fire?
Read this post -
http://immigrationvoice.org/forum/1977273-post22.html
.
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hopefullegalimmigrant
07-25 03:29 PM
What not in hand may be (or always be) in head. What in head certainly may not be in hand
:o
So Cheers ....open up your mind and think of things that you can do that are achievable goals from your perspective
:o
So Cheers ....open up your mind and think of things that you can do that are achievable goals from your perspective
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vghc
07-25 11:04 AM
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. Don't think too much of this GC thing, it'll never come next month or next 6 months, so stop wasting all your energy on something you can't control. Make full use of your time here. US have lots to offer us if we just let go and start enjoying life. Good Luck!! :)
Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. Don't think too much of this GC thing, it'll never come next month or next 6 months, so stop wasting all your energy on something you can't control. Make full use of your time here. US have lots to offer us if we just let go and start enjoying life. Good Luck!! :)
Libra
07-17 10:21 AM
God, within one month they processed only 9 days applications, mine is sep 20 and i dont know when my number will come. Damn, they can process 25k applications in 2 days but they cant process 9 days I-140 apps in one month. so frustrating, my h1 will expire on sep 29th 2007:mad:
September 14, 2006
September 14, 2006
pd_recapturing
06-18 10:47 PM
There is a question on part 7 of AP efiling. I guess, same question is also there in paper form as well. Could somebody please explain as to what to do about this. Here is the question:-
On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.)
Do we really need to send this ? I do not remember that I did send it last time. Thanks
On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.)
Do we really need to send this ? I do not remember that I did send it last time. Thanks
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