mailmy_gc
10-15 03:15 PM
Verify your G-325 application form properly especially the employment history you provided. My wife also got the similar RFE early this year due to technical error that we made in G325 form. (My wife applied for H1 but she did not worked through that company mean while she got her EAD then started working for another company, Which voided H1-B, In G-325 we mentioned that she was working from July 2007 but her H1 is valid from October so Officer might have thought that she worked illegally for 3 months) .
We provided w2's, pay stubs and amended G325 etc to prove that she did not worked on her H1 or illegally.
Hope this helps you.
We provided w2's, pay stubs and amended G325 etc to prove that she did not worked on her H1 or illegally.
Hope this helps you.
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sanjay02
07-24 02:49 PM
Hi
I am July 2007 filer my PD Nov 2005, I had a interview on Feb 2009 after interview , the Immigration office gave me a letter, which says the following
"Your case has been continued for the unavailability of VISA"
Does it mean once the PD goes to Dec 2005 I will get my GC? Would I have to do anything from my end like going to local USCIS office?
I am July 2007 filer my PD Nov 2005, I had a interview on Feb 2009 after interview , the Immigration office gave me a letter, which says the following
"Your case has been continued for the unavailability of VISA"
Does it mean once the PD goes to Dec 2005 I will get my GC? Would I have to do anything from my end like going to local USCIS office?
Ramba
08-26 04:29 PM
I am also in the same boat. I have my Masters in Mechanical Engineering. I had filed for H1B with companies A & B as Mechanical Engineer and have worked with them for 1.5 years each.
Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).
Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
Thanks.
It is all depend on how your employer specifies the education requirement for the position in LC. If that position requires engineering in any branch, then you will be fine. Otherwise, if the position requires education in particular branch and if you do not have that branch of study, then it may be a problem in LC or 140.
Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).
Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
Thanks.
It is all depend on how your employer specifies the education requirement for the position in LC. If that position requires engineering in any branch, then you will be fine. Otherwise, if the position requires education in particular branch and if you do not have that branch of study, then it may be a problem in LC or 140.
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krish2005
11-09 08:47 PM
I am opposing STEM cell bill then, I dont want to see Kaurava's running around...::-)
:D
"Science is a double edged". I would support stem cell research if there are ways control it and not to jeopardize nature's protocols.
lol. I could imagine the comical kaurava clowns running around when you put that post. :D:D:D
:D
"Science is a double edged". I would support stem cell research if there are ways control it and not to jeopardize nature's protocols.
lol. I could imagine the comical kaurava clowns running around when you put that post. :D:D:D
more...
vkrishn
10-13 10:02 PM
I went in shorts/t-shirt for my H-1 renewal in chennai this jan 08. They don't really care...
I/O asked me what do i do in my company... Gave her the response.
she said "sounds interesting and fun".. thats it... Hardly 2 mins. For most of the guys who live in the u.s and going to india for a vacation you should be if you dress decent...
Don't worry...
Just answer the question I/O ask you...
There were lots folks from Infosys, TCS with full tie and formals and sweating.
I/O asked me what do i do in my company... Gave her the response.
she said "sounds interesting and fun".. thats it... Hardly 2 mins. For most of the guys who live in the u.s and going to india for a vacation you should be if you dress decent...
Don't worry...
Just answer the question I/O ask you...
There were lots folks from Infosys, TCS with full tie and formals and sweating.
jvs_annapurna
04-12 03:13 PM
Ya, it is my first extension
sent RFE asking that Client letter on the original letter head.
which I couldnt get, but sent the vendor letter stating my duties and date from which started working etc even the copy of the client badge with photo on it is attached in reply to RFE.
But Its denied thats is not enough to prove that you are working at that client place and location. and it seems the employer i.e my h1 company is just token employer.
but I know the clock started from 31st march am in out of status.
will i able wipe out out of status as it effect in future ?
does MTR works or do I need to the appeal ?
What are chances of my transfer ?
Please gurus advise?
Thanks
jvs
sent RFE asking that Client letter on the original letter head.
which I couldnt get, but sent the vendor letter stating my duties and date from which started working etc even the copy of the client badge with photo on it is attached in reply to RFE.
But Its denied thats is not enough to prove that you are working at that client place and location. and it seems the employer i.e my h1 company is just token employer.
but I know the clock started from 31st march am in out of status.
will i able wipe out out of status as it effect in future ?
does MTR works or do I need to the appeal ?
What are chances of my transfer ?
Please gurus advise?
Thanks
jvs
more...
ocpmachine
07-06 04:41 PM
Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.
Good luck
HTH
kris
Kris,
I really appreciate you visiting this site and taking time replying to other member queries even after getting your GC, this what makes this forum a great place for sharing their immigration experiences.
Good luck
HTH
kris
Kris,
I really appreciate you visiting this site and taking time replying to other member queries even after getting your GC, this what makes this forum a great place for sharing their immigration experiences.
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girijas
06-13 04:17 PM
It's suprisingly difficult to get people to make calls - most of them think it is silly or wrong to lobby, when the fact of the matter is that, the louder ones are those who get heard - not necessarily the ones who have a stronger case :(
Anyway, since it has been some time since I made the calls myself, I will go ahead and make the calls again. I guess others who have called before can do the same.
Anyway, since it has been some time since I made the calls myself, I will go ahead and make the calls again. I guess others who have called before can do the same.
more...
Ennada
09-13 12:25 PM
EB2 and EB3 at one point were in the same boat. Now that EB2 is advancing and is way ahead of EB3, the EB3 applicants are upset and angry. Their anger is very much justified. However, their anger should not be directed towards EB2 applicants.
As I pointed out in another post, we are all players here and we are all playing by the rules. The system is not fair. Anger should be directed towards the system and not towards EB2s.
"hate the game, don't hate the playa....Chris Rock" is appropriate here.
Most of the EB2s, if not all, are supportive of reform and are supportive towards EB3 friends. The anger may lead to the disruption of this support.
We are all in this together. We all need to stay together.
As I pointed out in another post, we are all players here and we are all playing by the rules. The system is not fair. Anger should be directed towards the system and not towards EB2s.
"hate the game, don't hate the playa....Chris Rock" is appropriate here.
Most of the EB2s, if not all, are supportive of reform and are supportive towards EB3 friends. The anger may lead to the disruption of this support.
We are all in this together. We all need to stay together.
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gc_chahiye
12-07 04:48 PM
... Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count
nope. My own manager in my previous company got his GC done in EB1. He is not a VP or anything, just a project manager! Some reports here, some in the india office + a nice case prepared by a top lawfirm and you can be all set.
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count
nope. My own manager in my previous company got his GC done in EB1. He is not a VP or anything, just a project manager! Some reports here, some in the india office + a nice case prepared by a top lawfirm and you can be all set.
more...
raysaikat
04-21 12:00 PM
I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010
My spouse is on H1..can i switch over H4..
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
Yes. You might need to file a new H1-B petition though (I am not positive on that).
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
Yes.
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
Yes. You do need to file an application to change it into CP.
thank you!
Note however that you need to have a job offer to get the GC.
My spouse is on H1..can i switch over H4..
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
Yes. You might need to file a new H1-B petition though (I am not positive on that).
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
Yes.
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
Yes. You do need to file an application to change it into CP.
thank you!
Note however that you need to have a job offer to get the GC.
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YesGC_NoGC
06-20 09:42 AM
Thanks man,
What was your experience when you invoked AC21 both the times? Did you or your employer notified USCIS? was there any difference in title and or responsibilities? Did you try make sure the job title match with teh SOC codes that is on your labor?
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
What was your experience when you invoked AC21 both the times? Did you or your employer notified USCIS? was there any difference in title and or responsibilities? Did you try make sure the job title match with teh SOC codes that is on your labor?
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
more...
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cptbaseball
05-14 02:27 PM
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
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maddipati1
08-13 07:01 PM
It makes predicting when our applicatios will be done a little harder :)
what the hell r u trying to say :D
what the hell r u trying to say :D
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nlssubbu
12-08 12:17 PM
Her H4 is not valid. She did travel to India without an approved AP.
Can we cancel her GC application and bring her back on H4?
Any other options?
Why don't you take info pass and explain the need for an emergency visit and get an interim AP?
Thanks
Can we cancel her GC application and bring her back on H4?
Any other options?
Why don't you take info pass and explain the need for an emergency visit and get an interim AP?
Thanks
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neoklaus
11-14 03:33 PM
Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?
It is probably just this IO who has a different intepretation of the rules.
I came to US in June,07, my husband & daughter -Aug.14,07...probably just interpretation matters
It is probably just this IO who has a different intepretation of the rules.
I came to US in June,07, my husband & daughter -Aug.14,07...probably just interpretation matters
more...
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purgan
04-13 10:13 AM
USINPAC, for instance, promotes its role in the India-US nuclear deal.
It has also listed immigration as one of its issues, but all it cares about there is family immigration, so all those citizens can sponsor their own relatives. A bunch of A$^#^
himu73, why don't you try to contact these two oganizations + USINPAC to see what kind of traction you can get? The core is busy and needs all the help it can get. Are you upto it?
It has also listed immigration as one of its issues, but all it cares about there is family immigration, so all those citizens can sponsor their own relatives. A bunch of A$^#^
himu73, why don't you try to contact these two oganizations + USINPAC to see what kind of traction you can get? The core is busy and needs all the help it can get. Are you upto it?
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ssreenu
04-13 09:46 AM
Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?
2 things:
1. Yes, you can be an expat, meaning you can still work elsewhere (any branch) in the world while your payroll is still run in US(using H1B for the same company in US) and taxes are paid in US.
2. Having a H1B does not restrict you to work only in US. You can work elsewhere in the world while your H1B is still valid unless the company revokes it for some reason.
Hope this helps.
*Note I am not an expert, I am just sharing the knowledge I have. :D
2 things:
1. Yes, you can be an expat, meaning you can still work elsewhere (any branch) in the world while your payroll is still run in US(using H1B for the same company in US) and taxes are paid in US.
2. Having a H1B does not restrict you to work only in US. You can work elsewhere in the world while your H1B is still valid unless the company revokes it for some reason.
Hope this helps.
*Note I am not an expert, I am just sharing the knowledge I have. :D
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munnu77
04-06 09:35 PM
i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
GCDream
02-20 04:04 PM
gcseeker2002,
Can you please provide the link.
I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :
Total : 105960
India : 26636 = 25.2%
China : 8222 = 7.75%
No wonder china is moving faster in the EB categories
Can you please provide the link.
I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :
Total : 105960
India : 26636 = 25.2%
China : 8222 = 7.75%
No wonder china is moving faster in the EB categories
looneytunezez
04-08 04:17 PM
Employment-based: At this time the amount of demand being received in the Employment First preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category will remain “Current” for all countries. It also appears unlikely that a Second preference cut-off date will be imposed for any countries other than China and India, where demand is extremely high. Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)
China: none to three weeks expected through July. No August or September estimate is possible at this time.
India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks
Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.
Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)
INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits. Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences. Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit. Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates. Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used. Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit. For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.
The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries. This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.
As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown. As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers. This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year. However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.
Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)
China: none to three weeks expected through July. No August or September estimate is possible at this time.
India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks
Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.
Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)
INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits. Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences. Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit. Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates. Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used. Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit. For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.
The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries. This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.
As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown. As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers. This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year. However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.
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