polapragada
09-13 09:42 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I completly agree with you.... and others supported the similar thoughts in the thread gave the gree from you all
If they want to jump to EB2 they should not not be allowed to port the PD.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I completly agree with you.... and others supported the similar thoughts in the thread gave the gree from you all
If they want to jump to EB2 they should not not be allowed to port the PD.
wallpaper Knight Rider, Ford Mustang
trueguy
08-04 04:45 PM
How about if we frame a well thought out letter..and present facts and start mass mailing - maybe once a month - every month. That we they will hear from us every month - in bulk.
How about if we dont use words like bonded etc and just repeatedly request the system to be repaired. Use of words like bonded etc can send a wrong signal.
We can also add our stories in there to give that emotional/human touch - eg. I can say that I have been in this country since 1999 and still waiting. If I look at my W-2s from 2001 (when I started working), I must have consistently paid about 10k in taxes to the Federal Govt and another 3k to the State every year. that makes my tax contribution to about 90k-100k in 8years..I think thats huge and I am still waiting, for being a tax paying and law abiding citizen just because the Immigration system is broken. I am a recruiter and I recruit US Citizens in large numbers for large govt projects, offering them really high salaries - while I am helping them "indirectly" realize their American Dream - my dreams are nowhere in the horizon. My wife works in the Child Welfare System and she helps broken families get back on their feet - while she is putting together their broken families - our family is still stranded in the system with no sign of moving forward.
Just a passing thought! I thought I should run this by you all. Thanks for reading.
yes, we need a more refined and professional letter that has a better impression and give us some results. Any help from IV?
Thanks.
How about if we dont use words like bonded etc and just repeatedly request the system to be repaired. Use of words like bonded etc can send a wrong signal.
We can also add our stories in there to give that emotional/human touch - eg. I can say that I have been in this country since 1999 and still waiting. If I look at my W-2s from 2001 (when I started working), I must have consistently paid about 10k in taxes to the Federal Govt and another 3k to the State every year. that makes my tax contribution to about 90k-100k in 8years..I think thats huge and I am still waiting, for being a tax paying and law abiding citizen just because the Immigration system is broken. I am a recruiter and I recruit US Citizens in large numbers for large govt projects, offering them really high salaries - while I am helping them "indirectly" realize their American Dream - my dreams are nowhere in the horizon. My wife works in the Child Welfare System and she helps broken families get back on their feet - while she is putting together their broken families - our family is still stranded in the system with no sign of moving forward.
Just a passing thought! I thought I should run this by you all. Thanks for reading.
yes, we need a more refined and professional letter that has a better impression and give us some results. Any help from IV?
Thanks.
andy007
07-05 07:39 PM
Hi Folks-
We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
Thx
Aj
Perfect .. everybody should know how we are suffering .. since monday.. this is not fair at alll for legal Immigrants.......... We will hear good news soon from USCIS/DOS People............
We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
Thx
Aj
Perfect .. everybody should know how we are suffering .. since monday.. this is not fair at alll for legal Immigrants.......... We will hear good news soon from USCIS/DOS People............
2011 Knight Rider#39;s KITT is a
chanduv23
09-12 02:04 PM
Actually,
why do they even have to locate old files physically?
All the data about case file number (LINXXX, SRCXX, etc), status and the associated priority date is in a single/distributed database (else we would not be able to check our status online )
WHY CAN'T USCIS NOT RUN A QUERY AGAINST THIS DATBASE....?
Easier said than done - we have no clue what they do - what pattern they follow - but what has happened clearly suggests that there are many disconnects and there are always excuses.
The flood of approvals that come during end of fiscal year is just to avoid issues with questions raised for inefficiency
why do they even have to locate old files physically?
All the data about case file number (LINXXX, SRCXX, etc), status and the associated priority date is in a single/distributed database (else we would not be able to check our status online )
WHY CAN'T USCIS NOT RUN A QUERY AGAINST THIS DATBASE....?
Easier said than done - we have no clue what they do - what pattern they follow - but what has happened clearly suggests that there are many disconnects and there are always excuses.
The flood of approvals that come during end of fiscal year is just to avoid issues with questions raised for inefficiency
more...
psam
08-12 07:06 PM
He has already been able to pass the law. Now whether he calls them chopshop or backtracks, or praises them.......it does not do anything. This will soon be a law.
Yes, the law doesn't change. But its less hurtful.
It would be equivalent of Indian minister calling Pepsi/Coke as poison sellers. (BTW, which they are)
Yes, the law doesn't change. But its less hurtful.
It would be equivalent of Indian minister calling Pepsi/Coke as poison sellers. (BTW, which they are)
lazycis
11-20 01:11 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
more...
asharda
08-10 01:41 PM
Its random at best then anything else. According to my lawyer, my application (EB2) was there July 2nd morning.
2010 The specs for the GT500KR make
I_need_GC
03-14 02:06 PM
Thanks for you post about Canada Visit. You mentioned that one shouldn't say vacation for purpose of visit. What should we say then? My wife and I are going for Landing to Canada and people have posted that if you tell you landed as immigrant in Canada then Border Officers give you a hard time as well and some have even got RFE's from USCIS regarding their intent with US immigration process. So either way we are in trouble!
Friends please advise. What should you say to Border Patrol Officers on Re Entry to US with AP?:(
Also would you mind sharing what was your purpose of Visit?
AP was created for people who had an emergency to travel outside the US while there I-485 was being processed. but over the years these processes have elapse and now take longer. So now the USCIS is more lenient in issuing APs but the law still is that its for emergency travel. Now if you come across an IO who is having a bad day and asks you your reason for travel and you say vacation well he has the authority to deny you entrance. The IO can refuse you entry if he feels somethings not right.
While you have a I-485 pending trying to get Canadian landing papers in theory is a good idea but heres the problem you run in to. After get us green card or passport you take on any other nationality they don't like that. They consider it that you no longer want to be a US citizen now if you have previously held any other nationality like Indian by birth they are ok with that.
So yes if you tell the IO you went there for Canadian landing papers and are traveling on AP its sounds like you no longer want to be a US citizen.
In the past I have said visit family they are ok with that.
My Canadian visit was for work purposes. my company has a sister office in Canada. so when they asked I said to temporarily work in Canada. they were happy with that.
Friends please advise. What should you say to Border Patrol Officers on Re Entry to US with AP?:(
Also would you mind sharing what was your purpose of Visit?
AP was created for people who had an emergency to travel outside the US while there I-485 was being processed. but over the years these processes have elapse and now take longer. So now the USCIS is more lenient in issuing APs but the law still is that its for emergency travel. Now if you come across an IO who is having a bad day and asks you your reason for travel and you say vacation well he has the authority to deny you entrance. The IO can refuse you entry if he feels somethings not right.
While you have a I-485 pending trying to get Canadian landing papers in theory is a good idea but heres the problem you run in to. After get us green card or passport you take on any other nationality they don't like that. They consider it that you no longer want to be a US citizen now if you have previously held any other nationality like Indian by birth they are ok with that.
So yes if you tell the IO you went there for Canadian landing papers and are traveling on AP its sounds like you no longer want to be a US citizen.
In the past I have said visit family they are ok with that.
My Canadian visit was for work purposes. my company has a sister office in Canada. so when they asked I said to temporarily work in Canada. they were happy with that.
more...
mirage
04-02 12:07 PM
If only I had sent flowers to USCIS they would have been in trash, but you know where those 1000s of bouquets landed. I will certainly write them, on this forum everybody's is throwing ideas if an idea is good and like by others we get support and that's when a campaign start. Regarding predicting, wouldn't it be good for us to know if they received 20K EB2 application for India with PD 2003 and 40K application for EB3 in 2003 so instead of looking at Visa cutoff dates we can pack our bags....
Why don't you write a letter to USCIS? I have already pointed that out to you on my earlier comments.
Also, to stop predicting, I guess you just have to stop predicting.
Why don't you write a letter to USCIS? I have already pointed that out to you on my earlier comments.
Also, to stop predicting, I guess you just have to stop predicting.
hair Knight Rider KITT: The new NBC
chanduv23
11-17 05:16 PM
Update: Googling and found the muthy forums thread what I was mentioned earlier.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl reported succssfully renewed EAD, AP while appeal to 485 denial was pending.
Desi we definitely need to get clarification on this. Can you post a message with interpretations from differnet lawyers? Maybe we can get more people to ask their lawyers like Fragomen, Shusterman, Siskind ..... we will then match.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl reported succssfully renewed EAD, AP while appeal to 485 denial was pending.
Desi we definitely need to get clarification on this. Can you post a message with interpretations from differnet lawyers? Maybe we can get more people to ask their lawyers like Fragomen, Shusterman, Siskind ..... we will then match.
more...
willwin
07-11 09:30 AM
If that is the case, why is there a big movement? I am assuming that the Jul 07 backlog has been significantly reduced and hence this big movement. Correct me if my assumption is wrong.
Yes, your assumption is wrong. The dates move when USCIS doesn't approve many cases ina month. That leaves DOS to believe that there are no enough demand and hence they move dates forward. but as I said, I am very positive that the movement is to facilitate CP to approve cases. I wont be surprised if they move EB2 further next month.
Yes, your assumption is wrong. The dates move when USCIS doesn't approve many cases ina month. That leaves DOS to believe that there are no enough demand and hence they move dates forward. but as I said, I am very positive that the movement is to facilitate CP to approve cases. I wont be surprised if they move EB2 further next month.
hot 2008 Ford Mustang Shelby
nave_kum
08-13 06:33 PM
first: indulging in a completely useless dicussion
this is your prerogative but this forum really does have a purpose and a well defined goal. it behoves those who use it to be aligned with the goals of the organization, not completely obsessed with a receipt that is at best a tiny way station in a long journey.
second and this needs undivided attention- and rereading as many times as needed: personal attacks, offensive language and divisive fueds are against the policy of this forum. if you have a problem with this, read the posting guidelines. make sure you understand them completely.
third: junior and senior is nothing but a representation of the number of posts from a member. if the posts are nothing but self obsessed rantings, then senior is just a word that means nothing. posts can be approved or disapproved by members using the tools above. this results in green or red squares in front of a members name. that may be a better representation of other members opinions than just the number of posts.
fourth: those who live in glass houses do not ...do a lot of things frankly. you cannot complain about other's language or content if yours fails to meet the same criteria. i urge you to be civil in your tone and choose your words carefully. we are here to be a one united community working to end retrogression. not to rave and rant about each other, take or make sides, threaten (with what?), or endlessly obsses about dates and notices.
please by all means track your progress and give and take information.
but do it with some decorum.
many on this thread need to read this post carefully. please keep this forum a civil place and let's behave like the highly skilled immigrants we claim to be.
please direct your energy to more useful directions, volunteer, contribute and join the rally in DC on 9/18. join your state chapters. complete your profile on iv- what's the point of so much smoke and fire when you want to hide from everyone- your profile is not public, but iv needs you. you and i are iv. there is no iv but us. if you believe there is some nebulous entity that will magically solve your problems without your lifting a finger, well that's usually the stuff of dreams- and maybe your GC will arrive tonight with your beauty sleep...
Very well said!!! Logically this thread with the title "June end and July 2nd filers receipts by monday" MUST NOT be here. Please delete it. Thats what Buddyinus was trying to point out. But ppl took it personally.
this is your prerogative but this forum really does have a purpose and a well defined goal. it behoves those who use it to be aligned with the goals of the organization, not completely obsessed with a receipt that is at best a tiny way station in a long journey.
second and this needs undivided attention- and rereading as many times as needed: personal attacks, offensive language and divisive fueds are against the policy of this forum. if you have a problem with this, read the posting guidelines. make sure you understand them completely.
third: junior and senior is nothing but a representation of the number of posts from a member. if the posts are nothing but self obsessed rantings, then senior is just a word that means nothing. posts can be approved or disapproved by members using the tools above. this results in green or red squares in front of a members name. that may be a better representation of other members opinions than just the number of posts.
fourth: those who live in glass houses do not ...do a lot of things frankly. you cannot complain about other's language or content if yours fails to meet the same criteria. i urge you to be civil in your tone and choose your words carefully. we are here to be a one united community working to end retrogression. not to rave and rant about each other, take or make sides, threaten (with what?), or endlessly obsses about dates and notices.
please by all means track your progress and give and take information.
but do it with some decorum.
many on this thread need to read this post carefully. please keep this forum a civil place and let's behave like the highly skilled immigrants we claim to be.
please direct your energy to more useful directions, volunteer, contribute and join the rally in DC on 9/18. join your state chapters. complete your profile on iv- what's the point of so much smoke and fire when you want to hide from everyone- your profile is not public, but iv needs you. you and i are iv. there is no iv but us. if you believe there is some nebulous entity that will magically solve your problems without your lifting a finger, well that's usually the stuff of dreams- and maybe your GC will arrive tonight with your beauty sleep...
Very well said!!! Logically this thread with the title "June end and July 2nd filers receipts by monday" MUST NOT be here. Please delete it. Thats what Buddyinus was trying to point out. But ppl took it personally.
more...
house Knight Rider KITT scanner 2008
ItIsNotFunny
03-12 03:44 PM
So now I am a traitor and a secret agent and a US citizen, just bcos I dont concur with the DONOR based thread idea?
All, lets not waste energy in negative direction. Not going to help us anyways. Reddog, why don't you contribute for obvious cause of FOIA?
All, lets not waste energy in negative direction. Not going to help us anyways. Reddog, why don't you contribute for obvious cause of FOIA?
tattoo The Ford Shelby GT500KR,
reedandbamboo
09-13 07:38 PM
The USCIS!!!
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pictures Now Knight Rider ain#39;t Knight
bitzbytz
07-20 04:05 PM
If I am first in the list, base don the claculation, I will get it in 5 minutes,Thats true, the last person will have to wait for 20 months:)
dresses Mustang Shelby GT500KR
BostonGCVictim
01-02 04:45 PM
This is from a guy who left after years of waiting. I don't know him personally but his prose is very powerful.
Read it here at http://tired-immigrant.blogspot.com/
Read it here at http://tired-immigrant.blogspot.com/
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makeup Yup, it#39;s now a FORD MUSTANG.
hmehta
07-24 06:39 PM
Probably it differs by state, but DL has no ties with H1-B renewal or vice-versa, at least in CA. My wife's H1 expires in Apr 09, but she recently got her DL renewed until Sept. 2012!! If it was a federal law change (after 9/11), it would have to be applied to every state.
girlfriend 1:18 2008 Ford Shelby Mustang
anyluck?
12-10 07:00 PM
Repenting that i miised the chance, and should have applied at that time.
hairstyles But Knight Rider is more than
lazycis
11-20 05:59 PM
I can understand attorney's thinking: H1B is good to have. If there is no reason for its revocation (i.e applicant is still working for H1 sponsor), then there is some level of protection for you. Another aspect is a legal status. While EAD gives you an opportunity to continue work legally if I-485 is denied, it does not protect your legal status (accumulate more than 180 days of unlawful presence and you lose eligibility to adjust status and are a subject to re-entry ban). Having H1B gives you a protection in this case. But if H1B is revoked, I-485 is denied and a person does not have EAD, then there is no escape. It's nice to have both, but maintaining EAD should be the priority.
LostInGCProcess
09-10 12:53 PM
Please help me understand this:
The Dept. of State's web site has the visa bulletin for SEpt 2008 as:
EB INDIA
--------------------
1st C
2nd 01AUG06
3rd U
And the US Consulate's web site at Mumbai has:
EB INDIA
------------
E1 Current
E2 1 April 2003
So, how come Consulates got the latest information? Why not post this on the DOS page too by the DOS?
I am so sick and tired of this whole process of GC. I am starting to question myself if this entire process of wait, is worth at all? If you are illegal, you are free in this country, if you are legal they scrutiny your papers with a microscope....I am sick, totally sick. There is a limit to patience, too.:mad::mad::mad:
The Dept. of State's web site has the visa bulletin for SEpt 2008 as:
EB INDIA
--------------------
1st C
2nd 01AUG06
3rd U
And the US Consulate's web site at Mumbai has:
EB INDIA
------------
E1 Current
E2 1 April 2003
So, how come Consulates got the latest information? Why not post this on the DOS page too by the DOS?
I am so sick and tired of this whole process of GC. I am starting to question myself if this entire process of wait, is worth at all? If you are illegal, you are free in this country, if you are legal they scrutiny your papers with a microscope....I am sick, totally sick. There is a limit to patience, too.:mad::mad::mad:
hebron
10-22 10:00 AM
Hi 9Years and VayuMahesh,
Thanks for the info. This helps people who are planning to port.
1. Did you refile under EB2 with the same employer? If so, would you mind sharing details - job description used for EB3 and EB2? I have an MCA from India with 12+ years of experience. My current employer filed my GC under EB3 (PD 2004), job description used was Software Engineer. I was promoted since then to Principal S/W Engineer and I was hoping I could ask my current employer to refile under EB2. But my attorney says that it is risky since the current job description of Principal Software Engineer has to be different from Software Engineer by atleast 50%.
2. Did you get any RFE during the new PERM or I-140?
It will be of great help if you could advice.
Thanks in advance!
Thanks for the info. This helps people who are planning to port.
1. Did you refile under EB2 with the same employer? If so, would you mind sharing details - job description used for EB3 and EB2? I have an MCA from India with 12+ years of experience. My current employer filed my GC under EB3 (PD 2004), job description used was Software Engineer. I was promoted since then to Principal S/W Engineer and I was hoping I could ask my current employer to refile under EB2. But my attorney says that it is risky since the current job description of Principal Software Engineer has to be different from Software Engineer by atleast 50%.
2. Did you get any RFE during the new PERM or I-140?
It will be of great help if you could advice.
Thanks in advance!
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