thakkarbhav
08-10 02:47 PM
I understand your logic. No fight for EB2 or EB3 - final goal is the same. The logic of this thread is abosolutely correct. EB3 is waiting on 2002 and EB2 Progressing.....There should be balance based on each individual Year. I have other friends who are EB2 and I know they also support so can bring them in once we have anything concrete. I want BIG rally like 9/18 in DC. We never did anything after it so IV should plan for BIG rally to support EB3 and I think EB2 will be taken care automatically.
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feedfront
09-21 12:23 PM
Hi Guys,
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.
Thanks.
Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.
You can hold your H1 transfer for a week or two till you don't respond.
I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.
I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.
I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.
Good Luck!
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.
Thanks.
Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.
You can hold your H1 transfer for a week or two till you don't respond.
I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.
I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.
I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.
Good Luck!
pappu
07-23 03:06 PM
Employment letter is a MUST. Without this letter, your application can be denied without even an RFE. Read the latest USCIS memo. Please tell your lawyer and HR.
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grinch
03-11 03:26 PM
Gah BlueSun, I love your render, especially the lighting...
I CAN'T GET THAT!! AHHH I HATE MAYA
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amitjoey
07-05 01:44 PM
Order Details - Jul 5, 2007 11:09 AM PDT
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Shipping Status Qty Item Price
Not yet shipped 1 Contribute 100 $100.00
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Shipping Status Qty Item Price
Not yet shipped 1 Contribute 100 $100.00
Total: $100.00
Thanks waiting4gc.
achukatla
03-17 10:18 AM
I-140 approved march 2007
EB3- priority date 2004 Aug
EB3- priority date 2004 Aug
more...
sammas
07-12 04:41 PM
Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck!
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kumarc123
03-12 08:33 AM
This should have been posted in DONOR's forum :)
I have a question for Paapu and IV?
WHAT are you all doing? you want our money and our involvement for what?
FOR THIS? ALSO DONOR FORUM IS FOR THIS?
Pappu if you cannot run this organization, please close it, but don't ask of any IV non donor to donate for the cause, I proposed to you about holding a rally, IT IS A SHAME this organization FAILED to do ANYTHING AFTER 2007.
ILLEGALS ARE BETTER THAN US, SHAME ON US.
AND SHAME ON YOU GUYS.
I have a question for Paapu and IV?
WHAT are you all doing? you want our money and our involvement for what?
FOR THIS? ALSO DONOR FORUM IS FOR THIS?
Pappu if you cannot run this organization, please close it, but don't ask of any IV non donor to donate for the cause, I proposed to you about holding a rally, IT IS A SHAME this organization FAILED to do ANYTHING AFTER 2007.
ILLEGALS ARE BETTER THAN US, SHAME ON US.
AND SHAME ON YOU GUYS.
more...
Nikith77
03-12 09:10 AM
Kumar1, Well said....
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bijualex29
07-24 09:31 AM
I think that is a very good idea, we should have several backup plans.
I never thought that �Ability to file I-485� is within USCIS power.
I too have researched and found out that the just � Memo � was issued to change the procedure to file I-485/I-140 concurrent filing.
Here � Ability to file will be within USCIS power� , but granting a green card is controlled by law.
I never thought that �Ability to file I-485� is within USCIS power.
I too have researched and found out that the just � Memo � was issued to change the procedure to file I-485/I-140 concurrent filing.
Here � Ability to file will be within USCIS power� , but granting a green card is controlled by law.
more...
saatiish
07-13 10:02 AM
Here is the source ....
http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Alternatively go to --> Visa Bulletin (http://travel.state.gov/visa/bulletin/bulletin_1360.html)
Click "Operation of the Numerical Control Process "
http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Alternatively go to --> Visa Bulletin (http://travel.state.gov/visa/bulletin/bulletin_1360.html)
Click "Operation of the Numerical Control Process "
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nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
more...
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webm
03-17 01:48 PM
Current as per the April'08 bulletin
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GC20??
07-12 03:52 PM
Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)
more...
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met3259
08-20 11:35 AM
got my FP notice today..
I485 RD - 7/2/2007
ND - 8/3/2007
FP Date - 9/04/2007 (FP Notice received 8/18/2007)
Service Center - NE
I have a question for gurus...we applied for AOS for my child also who is 6 years old. Is there FP for the children?
My kids are 7 & 9. Our fingerprinting and photo date is this Saturday Aug 25.
I485 RD - 7/2/2007
ND - 8/3/2007
FP Date - 9/04/2007 (FP Notice received 8/18/2007)
Service Center - NE
I have a question for gurus...we applied for AOS for my child also who is 6 years old. Is there FP for the children?
My kids are 7 & 9. Our fingerprinting and photo date is this Saturday Aug 25.
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greyhair
06-10 02:06 PM
There is no point in arguing with each other just to see this bill in a manner to exclude each one of us. EAD is work authorization even when it is not a visa. The intent of the bill will matter. The clear intent is to not allow hiring of non-citizens by companies engaged in mass layoff, which could include EADs. What's the point of arguing if someone gets an RFE for employment letter? It's not relevant.
What should/can we all do to prevent this from passing? What does IV core want us to do?
What should/can we all do to prevent this from passing? What does IV core want us to do?
more...
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rolrblade
07-24 11:54 AM
I agree with everybody, unfortunately we already mailed my AOS package on 07/02.
Nothing much I can do now.
Simply_GC:
yes there is an option for you. When you get the I-485 receipot, mail in the employment letter along with copy of 485 receipt (just so they can track) and a another letter stating the oversight.
Nothing much I can do now.
Simply_GC:
yes there is an option for you. When you get the I-485 receipot, mail in the employment letter along with copy of 485 receipt (just so they can track) and a another letter stating the oversight.
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pitha
02-21 04:05 PM
I agree with you but I am not frustrated but pointing out the realities. See what happenned to labor substitution. People misused it and the end result is there in no labor substitution any more. The way people are misusing eb2 it is just a matter of time when it would be almost impossible to get eb2 even for genuine job requirement. USCIS and DOL know what happenning with EB2 and they will crack down.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
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supers789
03-11 10:57 PM
Thanks for the link... And so sad after all that hype!
h1techSlave
02-03 11:00 AM
I agree with you completely. Removing the country quota is one thing the lawmakers should be able to push through.
But some how IV is opposed to piece meal immigration reform approach. From the beginning they IV has this grandiose dream of fixing all immigration issues. Is it time to rethink about that approach? Sure IV might antagonize ROW applicants. But aren't they already out of IV in all practical sense?
In the current economic environment, removing country quota seems like the only argument that can fly, since it does not increase actual visas.
But some how IV is opposed to piece meal immigration reform approach. From the beginning they IV has this grandiose dream of fixing all immigration issues. Is it time to rethink about that approach? Sure IV might antagonize ROW applicants. But aren't they already out of IV in all practical sense?
In the current economic environment, removing country quota seems like the only argument that can fly, since it does not increase actual visas.
reno_john
06-18 03:55 PM
For people who want to file I-485 filing on their own. Since 485 filing requires only one document from the employer (Employer's letter saying you have the job and its the same job description), its possible to file 485 by oneself without additional help from lawyer or employer. This is a thread for that purpose. Even those who have the help and attention of a good lawyer can use this thread for guidance. This is the initial list of documents that are required for 485 filing and the optional EAD and AP filing. The fee structure is scheduled to change after July 30th. The fees listed below are applicable now thru July 29th.
I-485 DOCUMENT CHECKLIST
1. Payment Checks (USCIS Filing Fees $325.00 in favor of 'United States Citizenship and Immigration Service' OR 'USCIS').
Original fee plus $70.00 biometrics services fee if you are 14 years of age or older. If you are under 14 years of age, the fee is $225.00 with no biometric services fee. If you are 79 years of age or older, the fee is $325.00 with no biometrics services fee.
Fillable I-485 form:
http://www.uscis.gov/files/form/i-485.pdf
Application is sent to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
2. Form G-28 one with each Application form. Dont need this if you are doing it on your own without the lawyer. If doing on your own, you can fill out G-28 for your spouse, if you are filling out the forms and doing paperwork for your spouse. G-28 shows that the applicant is being represented etc. If you and your spouse are both filling out your own forms and signing them then you may not need G-28 for anything.
3. Two Photographs per 1-485,1-131,1-765
4. Completed form 1-485 for Adjustment of Status
5. Completed Period of Stay form. Completed in chronological order starting with first entry into US, and all changes of status, extensions, exits and entries, down to your current status.
6. Evidence of Valid Nonimmigrant Status:
Copies of both sides of any and all 1-94 cards
Copies of all 1-797 approval notices
Copies of any and all I-20's (if applicable, both sides)
Copies of all IAP 66 forms
Copies of all PT Work Authorization Cards (if applicable)
Copies of All pages of passport - INCLUDING BLANK PAGES AND PLEASE DO NOT MAKE TWO SIDED COPIES; ONE COPY PER PAGE AND MAKE SURE THAT COPIES ARE LEGIBLE
COMPLETED FORM G-325A Biographic Sheet
I-693 form( Every civil surgeon mostly has this form)
Completed Form 1-693 Medical Examination (SEALED) along with copy of list of INS approved Civil Surgeons
Birth Certificates and Marriage Certificate COPIES and other evidence of birth/marriage. One marriage certificate needed per person
Employment Letter in Format
Original for employee, copy for all other
I-765/EAD DOCUMENT CHECKLIST (Optional)
Documents required for EAD/I-765 per person:
Completed Form I-765 (EAD):
http://www.uscis.gov/files/form/I-765.pdf
2 photos(full frontal)
USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-765 mentioned in the comments section of the check
Copy of past EAD card front/back sides
Copy of recent I-94 card (both sides)
Copy of visa page of passport in color
Copy of driver's license
Copy of I-485 receipt notice (if applicable)
Copy of I-140 approval notice
Copy of Marriage certificate (if applying for spouse)
I-131/Advance Parole DOCUMENT CHECKLIST (Optional)
Documents required for Advance parole/ I-131 per person:
Completed form I-131
http://www.uscis.gov/files/form/I-131.pdf
2 photos (full frontal)
USCIS filing fee - $170.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-131 mentioned in the comments section of the check
copy of EAD card front/back sides,
Copy of I-94 card,
Copy of visa page of passport in color,
Copy of driver's license,
Copy of I-485 receipt notice,
Copy of I-140 approval notice,
Copy of Marriage certificate,
Copy of birth certificate for children and a letter explaining the reason for travel
Signed statement requesting advance parole
I-485 DOCUMENT CHECKLIST
1. Payment Checks (USCIS Filing Fees $325.00 in favor of 'United States Citizenship and Immigration Service' OR 'USCIS').
Original fee plus $70.00 biometrics services fee if you are 14 years of age or older. If you are under 14 years of age, the fee is $225.00 with no biometric services fee. If you are 79 years of age or older, the fee is $325.00 with no biometrics services fee.
Fillable I-485 form:
http://www.uscis.gov/files/form/i-485.pdf
Application is sent to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
2. Form G-28 one with each Application form. Dont need this if you are doing it on your own without the lawyer. If doing on your own, you can fill out G-28 for your spouse, if you are filling out the forms and doing paperwork for your spouse. G-28 shows that the applicant is being represented etc. If you and your spouse are both filling out your own forms and signing them then you may not need G-28 for anything.
3. Two Photographs per 1-485,1-131,1-765
4. Completed form 1-485 for Adjustment of Status
5. Completed Period of Stay form. Completed in chronological order starting with first entry into US, and all changes of status, extensions, exits and entries, down to your current status.
6. Evidence of Valid Nonimmigrant Status:
Copies of both sides of any and all 1-94 cards
Copies of all 1-797 approval notices
Copies of any and all I-20's (if applicable, both sides)
Copies of all IAP 66 forms
Copies of all PT Work Authorization Cards (if applicable)
Copies of All pages of passport - INCLUDING BLANK PAGES AND PLEASE DO NOT MAKE TWO SIDED COPIES; ONE COPY PER PAGE AND MAKE SURE THAT COPIES ARE LEGIBLE
COMPLETED FORM G-325A Biographic Sheet
I-693 form( Every civil surgeon mostly has this form)
Completed Form 1-693 Medical Examination (SEALED) along with copy of list of INS approved Civil Surgeons
Birth Certificates and Marriage Certificate COPIES and other evidence of birth/marriage. One marriage certificate needed per person
Employment Letter in Format
Original for employee, copy for all other
I-765/EAD DOCUMENT CHECKLIST (Optional)
Documents required for EAD/I-765 per person:
Completed Form I-765 (EAD):
http://www.uscis.gov/files/form/I-765.pdf
2 photos(full frontal)
USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-765 mentioned in the comments section of the check
Copy of past EAD card front/back sides
Copy of recent I-94 card (both sides)
Copy of visa page of passport in color
Copy of driver's license
Copy of I-485 receipt notice (if applicable)
Copy of I-140 approval notice
Copy of Marriage certificate (if applying for spouse)
I-131/Advance Parole DOCUMENT CHECKLIST (Optional)
Documents required for Advance parole/ I-131 per person:
Completed form I-131
http://www.uscis.gov/files/form/I-131.pdf
2 photos (full frontal)
USCIS filing fee - $170.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-131 mentioned in the comments section of the check
copy of EAD card front/back sides,
Copy of I-94 card,
Copy of visa page of passport in color,
Copy of driver's license,
Copy of I-485 receipt notice,
Copy of I-140 approval notice,
Copy of Marriage certificate,
Copy of birth certificate for children and a letter explaining the reason for travel
Signed statement requesting advance parole
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