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  • akred
    08-06 01:26 PM
    Seems to me that the problem as usual is that too many people qualify for EB2 thus slowing down "genuine" cases.

    The solution to this is in the hands of the DOL. DOL can reduce the number of people qualifying for EB2 by simply doing away with the "business necessity" exception.

    In other words without this exception, people will qualify for EB2 only if their field requires an advanced degree due to law (e.g. doctors) or if an advanced degree is customary in the profession (e.g. academia). This will reduce the flow to EB2 by disqualifying the large number of professions where an advanced degree is merely discretionary and not mandatory (e.g. MS, MBA)

    But this is a very draconian measure and hopefully does not come into play.





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  • unitednations
    07-17 12:37 PM
    My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regurarly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?

    A decent number of people were in this situation during those two years.

    uscis if they want can go all the way back to date of last entry prior to filing 485 to prove status (monthly paychecks, w2's, etc.). If cumulatively you did not maintain status for 180 days then it can be a problem. If you get this type of rfe then you have to go through great lengths to explain and get the out of status time to less then 180 days.





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  • Macaca
    05-09 05:51 PM
    After bin Laden, U.S. Will Look East (http://www.realclearworld.com/articles/2011/05/06/after_bin_laden_us_will_look_east_99510.html) By Daniel Kilman | German Marshall Fund

    Al Qaeda's attacks against the United States on September 11, 2001, precipitated an unprecedented level of U.S. involvement in Afghanistan and neighboring Pakistan. With Afghanistan beset by a resurgent Taliban, and Pakistan increasingly unstable, the United States subsequently doubled down in this troubled region even as the Asia-Pacific became the locus of global economic growth and great-power military competition. Although U.S. troops will remain in Afghanistan for years to come, bin Laden's death heralds the beginning of the end of America's "Af-Pak" fixation. Increasingly, the United States will look eastward; Europe should as well.

    Many forget that, pre-September 11, America's strategic focus was gravitating toward Asia. Coming into office, President George W. Bush was determined to rethink how the United States managed China's rise, a development that posed a long-term challenge to American economic and military primacy. This determination was reinforced when a Chinese fighter jet rammed a U.S. spy plane in April 2001, resulting in a short-lived crisis. However, the terrorist attacks orchestrated by al Qaeda redirected the Bush administration toward Afghanistan and the larger Muslim world. Although America remained active in the Asia-Pacific throughout President Bush's tenure, the primary focus of U.S. strategy lay elsewhere.

    Like his predecessor, President Barack Obama entered the White House intending to prioritize the Asia-Pacific. Again, events intervened. To prevent the Taliban from solidifying control over large parts of Afghanistan, Obama authorized a surge of U.S. troops there and ratcheted up armed drone attacks against terrorist sanctuaries in Pakistan. Yet his commitment to reorienting the United States toward Asia appears to have never wavered. Prior to bin Laden's death, National Security Advisor Tom Donilon told The New Yorker that the United States was "overweighted" in the Middle East and Afghanistan and "underweighted" in the Asia-Pacific.

    The death of bin Laden in a shootout with U.S. special forces does not presage an imminent pullout from Afghanistan or a rapid drawdown in American assistance to Pakistan. The United States has committed itself to a "responsible transition" in Afghanistan and will retain a considerable military presence there in the years ahead. Terrorist networks that have metastasized within Pakistan over the past decade and now threaten the integrity of the state will not disband because of bin Laden's demise. Even if elements of the Pakistani government were complicit in hiding the leader of al Qaeda, the United States cannot risk lightly the collapse of a nuclear-armed state by cutting off foreign aid.

    At the same time, the completion of America's original mission in Afghanistan that bin Laden's death symbolizes will allow for a strategy that increasingly reflects the Asia-Pacific geography of U.S. interests. This shift will not occur overnight. For the moment, the revolutions rocking the Arab world will absorb U.S. attention. Nor will this shift automatically substitute China for al Qaeda as America's animating enemy, a development some in China may fear. In fact, the outlines of a U.S. reorientation toward Asia are already clear. The United States will strengthen existing alliances and strategic partnerships, forge new ones, and link like-minded nations together. To reinforce its military presence in the region, the United States will retain permanent bases, negotiate agreements for temporary access to facilities, and deploy more of its naval and air forces to the Indo-Pacific rim stretching from Japan and South Korea to Southeast Asia and the approaches to India. At the same time, the United States will pursue a reinvigorated trade agenda anchored by the Trans-Pacific Partnership talks that seek to lay the foundation for a free trade area spanning the Pacific Ocean. Lastly, Washington will continue to champion democracy and rule of law as universal norms that all countries in the region should embrace.

    U.S. rebalancing toward the Asia-Pacific will have significant repercussions for Europe. Over the past decade, Afghanistan has become a central theater for transatlantic security cooperation. The North Atlantic Treaty Organization will continue to operate in Afghanistan, but, in the future, the United States will increasingly look to Europe as a partner in Asia. Yet transatlantic cooperation in this region remains weak, and many in Europe continue to regard Asia primarily as a market rather than as the cockpit of international politics in the 21st century. This should change. Europe should anticipate America's eastward shift and begin to define a role in the Asia-Pacific that transcends trade.

    During the second half of the 20th century, the United States and Europe, acting in concert, transformed what was then the world's most important region-the North Atlantic. If Europe can join the United States and refocus on the Asia-Pacific, the transatlantic partners can shape this century's most vital region as well.

    Daniel M. Kliman is a Transatlantic Fellow for Asia at the German Marshall Fund of the United States


    Talking to China (http://www.nytimes.com/2011/05/08/opinion/08sun2.html) New York Times Editorial
    Chinese investors still searching for U.S. welcome mat (http://money.cnn.com/2011/05/04/news/international/chinese_investors_america.fortune/index.htm) By Sheridan Prasso | Fortune
    The U.S. must push back against China�s investment controls (http://www.washingtonpost.com/opinions/the-us-must-push-back-against-chinas-investment-controls/2011/05/06/AFoRjRTG_story.html) The Washington Post Editorial
    Renren, China�s Facebook, sells shares on NYSE
    But amid murky numbers and dubious accomplishments, is it really worth billions? (http://www.globalpost.com/dispatch/news/business-tech/110504/renren-china-facebook-nyse)
    By David Case | GlobalPost
    Can China's billions spur the next big idea? (http://in.reuters.com/article/2011/05/05/idINIndia-56786220110505) By Don Durfee and James Pomfret | Reuters
    The Rights and Wrongs of China�s Aid Policy (http://idsa.in/idsacomments/TheRightsandWrongsofChinasAidPolicy_gsingh_040511) By Gunjan Singh | The Institute for Defence Studies and Analyses
    China sees bright side of elite exodus (http://atimes.com/atimes/China/ME05Ad01.html) By Wu Zhong | Asia Times
    China Imposes Price Controls, Informally (http://blogs.forbes.com/gordonchang/2011/05/08/china-imposes-price-controls-informally/) By Gordon Chang | Forbes





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  • cinqsit
    03-26 06:25 PM
    Alas cannot upload an attachment either ..



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  • xlr8r
    04-09 08:35 AM
    What can we do to deep-six this bill?

    Need direction here!





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  • dealsnet
    01-08 03:24 PM
    Refugee_new is a moron. He send me 5 profane message. He started the tread and he abusing the people responded in his tread. What he achived??
    He achieved the opposite effect. Now many people understand who is the problem maker. He is a potential terrorist. Admin must inform his location by giving his IP address to FBI or other law enforcement offices. It is our duty to protect this country from furthur attacks from fanatics.

    I did report to admin, they didn't take any action to the guy send the vulgar messages. Now warning the people copy pasted them.!!!!
    funny world!!!!!!!!!!!!!!!

    I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!

    Did you consider banning him?



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  • mariner5555
    04-17 07:31 PM
    I also thought that pitching in the home buying by GC folks would make a great argument in front of law makers. But there was a very sensible posting by our spokes person Mark B.

    He said, he would not put home buying by GC folks as a main selling point for our cause. May be he will say this point as a half joke-half serious manner while discussing our core selling point. The core selling point being that the US is loosing talent by not giving us GCs in a timely manner.
    I agree ..it cannot be used as the main point. but everywhere (even here) .money (or economic issues in this case) talks.
    also, when you use current issues to link to the immi cause then there is a better chance of selling it.
    for eg - during Y2K ..nobody complained when immigrants were flocking here.
    when dot com was at height - clinton was easily able to sign the H1 cap increase bill.
    the issue today is housing ..but I agree many legal immigrants have brought (though I guess 60 - 70 % have not) ..and if the numbers were twice or thrice and there was unity ..then it would have been different.
    if you see the prev link about foreclosures ...say in a sub division - the average house rate is 400K. one of them goes in FC ..bank lists it for 250K ..in the same sub div - if 3 genuine sellers want to sell and compete - then they have to bring down their prices to maybe 300K ..and hence all the house values in that Sub Division effectively comes down ..so even 1 house buyer matters. In the end this issue will mostly be solved by increased demand ..and sizeable amt of that demand will come from immigrants.

    and if you see and analyze this link - the market will be swamped by foreclosures.
    http://www.cnbc.com/id/24187419
    http://blogs.marketwatch.com/greenbe...un/?mod=MWBlog





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  • sledge_hammer
    03-24 11:51 AM
    Can you please elaborate?

    I may be understanding this incorrectly, but are they denying our right to be represented by a lawyer?

    In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.



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  • brshankar
    08-06 10:24 AM
    Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

    Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?





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  • vrkgali
    08-12 09:57 AM
    Instructions: Just read the sentence straight through quickly without really thinking about it.

    Acocdrnig to an elgnsih unviesitry sutdy the oredr of letetrs in a wrod dosen't mttaer, the olny thnig thta's iopmrantt is that the frsit and lsat ltteer of eevry word is in the crcreot ptoision. The rset can be jmbueld and one is stlil able to raed the txet wiohtut dclftfuiiy.

    Amazing, isn't it?

    yse ,tahts hwo I awlays tyep in chat windwo s



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  • ajm
    08-05 10:44 AM
    A random number generator is like sex:
    When its good, it's wonderful,
    And when its bad, it's still pretty good.





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  • bkarnik
    08-06 10:38 AM
    This subtlety does not matter. From USCIS point of view, if you entered on Lion Visa you are a Lion, if you came in on Monkey visa you are a monkey. These visas are not based on your genetic makeup, but on the fact that under what category your zoo (employer) filed your visa. Otherwise how come monkeys interfiled and became Lion?? :D:D

    I worry about the poor Lion on a Monkey visa...in his anxiety to get a green card and finally be able to roar like a lion again he may also start to suffer from the COLTS disease...poor Lion on a Monkey visa suffering from COLTS!!:D:D:D:D



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  • validIV
    06-25 02:37 PM
    And according to your theory, renting is a better investment? Throwing your money away is a good investment to you? Then I don't think we are on the same page.

    There are many homeowners who are underwater but not foreclosed. That does not make it a good investment. All I'm pointing out is unless your property's rent covers your monthly mortgage+property tax+insurance+maintenance and upkeep it can not be called a good investment. You should have positive (at least non negative) cash flow out of your rental properties. Is this a general case? I think not. At least in my area I'm 100% sure rent does not cover mortgage and the difference between the two is significant.

    If you have a negative cash flow on your rental properties then the only thing you are betting on is price appreciation of your properties (above inflation) in future which is speculation again.





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  • gclabor07
    08-05 11:48 AM
    Folks,

    Here are my thoughts on this based on my personal experience.

    USCIS should allow porting of dates not just based on approved I-140, but also based on approved LC.

    I applied in EB3 category back in 2003. My labor was stuck in BEC and my career wasn't progressing. So I decided to switch my employers and start the process all over again. Just before I left my previous LC was approved. I wish that process should have allowed me to port the PD of my first labor because PD is decided when you file LC and not when you file I-140. So right now I've EB2 with 2007 PD. I missed the July 07 bus as well.

    Was this fair? perhaps not. Am I having heartburn, not really. I'm happy that I made the switch and moved to the new employer with a better career path.



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  • panky72
    08-07 09:56 PM
    BLONDE LOGIC

    Two blondes living in Oklahoma were sitting on a bench talking, and one blonde says to the other, 'Which do you think is farther away... Florida or the moon?' The other blonde turns and says 'Helloooooooooo, can you see Florida ?????'

    SPEEDING TICKET

    A police officer stops a blonde for speeding and asks her very nicely if he could see her license.She replied in a huff, 'I wish you guys would get your act together. Just yesterday you take away my license and then today you expect me to show it to you!'

    RIVER WALK

    There's this blonde out for a walk. She comes to a river and sees another blonde on the opposite bank. 'Yoo-hoo!' she shouts, 'How can I get to the other side?' The second blonde looks up the river then down the river and shouts back, 'You ARE on the other side.'

    AT THE DOCTOR'S OFFICE

    A gorgeous young redhead goes into the doctor's office and said that her body hurt wherever she touched it. 'Impossible!' says the doctor. 'Show me.' The redhead took her finger, pushed on her left shoulder and screamed, then she pushed her elbow and screamed even more. She pushed her knee and screamed; likewise she pushed her ankle and screamed. Everywhere she touched made her scream. The doctor said, 'You're not really a redhead, are you? 'Well, no' she said, 'I'm actually a blonde.' 'I thought so,' the doctor said. 'Your finger is broken.'

    KNITTING

    A highway patrolman pulled alongside a speeding car on the freeway. Glancing at the car, he was astounded to see that the blonde behind the wheel was knitting! Realizing that she was oblivious to his flashing lights and siren, the trooper cranked down his window, turned on his bullhorn and yelled, 'PULL OVER!' 'NO!' the blonde yelled back, 'IT'S A SCARF!'

    BLONDE ON THE SUN

    A Russian, an American, and a Blonde were talking one day. The Russian said, 'We were the first in space!' The American said, 'We were the first on the moon!' The Blonde said, 'So what? We're going to be the first on the sun!' The Russian and the American looked at each other and shook their heads. 'You can't land on the sun, you idiot! You'll burn up!' said the Russian. To which the Blonde replied, 'We're not stupid, you know. We're going at night!'

    FINALLY, THE BLONDE JOKE TO END ALL BLONDE JOKES!

    A girl was visiting her blonde friend, who had acquired two new dogs, and asked her what their names were. The blonde responded by saying that one was named Rolex and one was named Timex. Her friend said, 'Whoever heard of someone naming dogs like that?' 'HELLLOOOOOOO......,' answered the blond. 'They're watch dogs!'





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  • bfadlia
    01-07 11:26 AM
    I participated in the "mumbai attacked" thread, but always tried not to give any analysis of the history because I sure don't have the background not belonging to the region..
    yet I'm reading the darnest things here from people who apparently read 2 lines from wikipedia, copy and paste here then start talking like they know everything about the arab-israeli conflict and think they can analyze it..

    The phrase foxnews and similar media have everyone parroting here is "Israel is surrounded by hostile arab countries that waged wars against it several times. Israel is always in self defense" Let's see..

    1948: Israeli Irgun and Shtern gangs, the prototype of the israeli army were going village to village massacring palestinians to drive them out of their villages to annex them to newly created israel which they did.. arab nations who were mostly still under colonial influence sent their police-like forces to try to protect the palestinians, but of course they were no match for the mostly european WWII-veterans Israeli forces

    1956: In a dispute between Egypt, Britain and France over the control of Suez canal that in no way involves Israel, Israel attacked Egypt and took control of Sinai peninsula until Soviets and US urged it to leave.

    1967: Without a single bullet shot at Israel, it attacked Egypt, Syria, Jordan, Gaza and the west bank, occupying Egypt's Sinai, Syria's Golan heights, and annexing gaza, East Jerusalem and the west bank.

    1973: Only time Arabs started the offensive, Egypt and Syria attacked to get back their occupied lands. Egypt managed to get part of Sinai, and got the rest through peace treaty. Syria failed and the golan is still occupied till this day.

    1982: Israel invading Lebanon and occupying southern Lebanon till 2000.. Reason was meddling in a conflict between Palestinian refugees in Lebanon and Lebanese factions in which none of these parties attacked Israel.

    60 years have passed with the civilized world issuing UN resolutions for israel to end its occupation and to let the millions of displaced Palestinians return to their homes inside israel and Israel rejecting them. Then we have the courage to blame the Palestinians for not taking it easy, accepting the miserable conditions israel imposed on them and firing their 7000 fire crackers that killed 4 people.. the ungrateful bastards!!



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  • pointlesswait
    08-05 10:38 AM
    here is another point:
    if you want to remain a slave to the GC process and ristrict your career by staying with a company..just because you dont want to lose your PD...then..god save u and ur future..


    the person who ports his PS was already in the line..he reclaimed his rightful place after going thru the due deligence...of restarting his GC process...in fact ppl.

    i am sure ..after oct they will offer some relief to Eb3 category...


    i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!

    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.





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  • sledge_hammer
    03-24 07:14 PM
    Can you please explain how you conluded that my theory was its okay to copy (exploit loopholes) unless you get caught?

    Please point to the exact post of mine...

    Again, I am not defending anyone, I am saying that we should point all the consultanting...not just desi consulting ones...just don't descriminate...from your theory, it looks it is ok to copy unless you are caught.....I don't want to argue on this and deviate from the OP .





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  • xyzgc
    02-12 10:31 PM
    its all forgotten now, just wait for a bright tomorrow.:D





    gapala
    06-07 10:42 AM
    As per Zillow estimate, the value of the house I bought already appreciated by $10k above the purchase price.

    For the sake of discussion that it did not appreciate in the next 10 years (which I doubt because there's no other way to go but up) but the value stayed at purchase price, as per my amortization schedule, my loan would be at 75% of the purchase value. It means therefore that I already have a 25% equity of the house, which is $60k.

    If I saved the $250 per month at zero interest, I would have $30k. I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.

    JunRN, it all depends on how much risk are you willing to take in what area. Equity is generally believed or historically trended to provide 10% returns over 10 years span (multiple market cycles). Where as dwelling as an investment provides a marginal 3 to 5% depending on location in a normal growth rate (Exception to Bubble). Equity market has nose dived as did housing market and people consider it too risky to invest at this stage in equity due to uncertinities (lot of companies may not make it through though times or No. PC companies which has become QPC -filed for chapter11 protection has increased) even though it doesn't involve huge amounts as housing at per unit basis. For investers, same applies for dwelling investment as well at a higher scale. More Chapter 11->more job losses->more houses on foreclosure.

    Just to counter your argument, Let me tell you one scenario, When stock market went down, I invested in shares some time back in February 09, as of today, If I look at the individual investment, it stands at 60% increased. But I do not think that it will provide me a 60% returns.. over 10 years... I expect only 10% and may increase to 15% in the long run which is a ball park number.

    Lot of sellers/brokers referred Zillow during 2006 and early 2007 (Bubble) to sell their houses at an inflated prices as I mentioned earlier, when it went up 20000 per month for several months.. Based on these numbers..people streached themself and jumped to grab one before it goes beyond their reach thinking that it will continue to go up.. Now, the houses values under water and they are whining about it every day and night.. some of their home values evapourated by 30 to 40%. (I am talking about 100,000 to 150,000 south). Zillow goes up and down.. in short term depending on historic sales and builder's listing price changes, not based on any economic outlook. Every agent wears two hats and is two-faced, because a home’s “value” has to be higher when represent a seller and lower when represent a buyer. The Zillow range of value represents best hope for buyer at the low end of the range, and highest for seller at the high end of that range.

    Here's what they say about it in disclaimer "The Zestimate is not an appraisal and you won't be able to use it in place of an appraisal, though you can certainly share it with real estate professionals. It is a computer-generated estimate of the worth of a house today, given the data we have available. Zillow.com does not offer the Zestimate as the basis of any specific real-estate-related financial transaction. Our data sources may be incomplete or incorrect; also, we have not physically inspected a specific home."

    My point is, Unless the correction happens in housing market, which is widely believed to be another 10 to 12% further south from where it stands now.. there is always a risk in buying one thinking that its going to appreciate in next 10 years. Remember though the demand cycles for realty market is lenghty ones which will rise once in 10 to 15 years but this does not mean that there's going to be another bubble again to hike it up by 100 and 200% :). It may rise as historically did to provide a 3 to 4% returns. This is regardless of location... location.. location.. First, It will take time to stabilize the market just because there's too much supply, affordiability issue and aging population.

    Buy or not, depends on whether and how much you are willing and open to take risk. Higher the risk, higher the returns.. doesn't mean it applies to stupid decisions... One thing I wanted to mention though, we have utilization value for living in a house, bigger than an apartment, again its an individual perspective.





    michelle88
    07-13 02:15 PM
    the better way is to mention: 1) eb3 with earlier PD (before the end of 2005), the prevailing wage category was set higher, i.e, salary $60K fell in eb3 in 2004 but could be in eb2 in 2006. 2) LC based eb3 should be processed before perm based eb2, as the processing time for this step should be weighted to be evaluated in a bit fair way.


    Very good point by alterego.
    This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
    How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
    As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
    If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
    This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.



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