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  • Macaca
    05-30 05:36 PM
    Visa Case Lawyer Reveals Infosys Tactics (http://blogs.wsj.com/indiarealtime/2011/05/30/visa-case-lawyer-reveals-infosys-tactics/) By Amol Sharma and Megha Bahree | IndiaRealTime

    The lawyer for the U.S. employee of Infosys Technologies Ltd. who is alleging in a civil suit that his employer engaged in visa fraud and then tried to cover it up shared some details about the Indian outsourcing firm�s response to the suit so far.

    The lawsuit was filed in February in Circuit Court in Alabama and has sparked a high-stakes criminal probe of Infosys by U.S. federal investigators.

    Infosys doesn�t want a jury trial in the civil case and is pressing for arbitration, a mechanism in the U.S. system whereby a neutral third party resolves a dispute, according to Kenny Mendelsohn, a lawyer for Mr. Palmer. A federal judge will decide that matter.

    Mr. Mendelsohn, who emailed India Real Time a status update on the case, suggested that Mr. Palmer�s work laptop�which he says contains documents that would substantiate the claim of visa violations�has become a crucial piece of evidence in the case.

    He says Infosys tried to get the laptop back after Mr. Palmer started cooperating several months ago with U.S. authorities, who took interest in the case.

    �When Infosys learned that Mr. Palmer was cooperating with the Investigators, it demanded that he turn the laptop over to Infosys and threatened to fire him if he did not,� Mr. Mendelsohn wrote in the email. �However, Mr. Palmer on my advice opted to secure the laptop and the Investigators now have it.�

    Infosys said it was only following the law in seeking access to the computer after Mr. Mendelsohn filed his suit.

    �The notion that in this instance we have attempted to do anything inappropriate with respect to a company issued computer maintained by an employee is simply not accurate. In any context in which the company is involved in litigation or is otherwise required to preserve documents and electronic records, the law requires us to both secure and maintain copies of those records,� said the firm in an emailed statement. �That is precisely the practice that any company would follow in this situation and it is precisely what we have attempted to do here.�

    Infosys did not comment on the question of seeking arbitration or on Mr. Palmer�s present work status with the company.

    Mr. Palmer still works at Infosys but is �on the bench,� which means he is drawing a salary but isn�t staffed on any projects and is sitting at home, according to his lawyer.

    �He is not doing any work, but has continually contacted Infosys requesting another assignment,� Mr. Mendelsohn wrote. �Even though Mr. Palmer has received information that there are numerous positions available that could use him, Infosys still has not sent him to another assignment.�



    Fixing Congress (http://bostonreview.net/BR36.3/ndf_jim_cooper_fixing_congress.php) By Jim Cooper | Boston Review
    Coaching and Much More for Chinese Students Looking to U.S. (http://www.nytimes.com/2011/05/30/business/global/30college.html) By DAN LEVIN | The New York Times
    Is multiculturalism in Europe dead? (http://www.todayszaman.com/columnist-245422-is-multiculturalism-in-europe-dead.html) By Amanda Paul | Sunday's Zaman
    A Crackdown on Employing Illegal Workers (http://www.nytimes.com/2011/05/30/us/politics/30raid.html) By JULIA PRESTON | The New York Times
    Trust but E-Verify (http://www.nytimes.com/2011/05/30/opinion/30douthat.html) By ROSS DOUTHAT | The New York Times
    Justices� Arizona Ruling on Illegal Immigration May Embolden States (http://www.nytimes.com/2011/05/28/us/politics/28immigration.html) By JULIA PRESTON | The New York Times
    How the Other Half Lives, Still (http://www.nytimes.com/2011/05/27/opinion/27fri3.html) The New York Times Editorial
    High court lets Arizona usurp federal role on immigration (http://www.washingtonpost.com/opinions/high-court-lets-arizona-usurp-federal-role-on-immigration/2011/05/26/AGqXlyCH_story.html) The Washington Post Editorial
    Immigrant-Law Ruling Irks Some Businesses (http://online.wsj.com/article/SB10001424052702303654804576349834244083052.html) By MIRIAM JORDAN And DANNY YADRON | Wall Street Journal





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  • GCisLottery
    05-24 12:53 PM
    How does a media person whose objective is to get good rating and keep the show on air for as long as he could matter for our goals?

    Can we find something else to talk about?





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  • hopefull
    05-13 04:21 PM
    You do make perfect sense. Dude the question posed to these buggers would be if they ever encounter a medical need where in a doctor present is not a white American, would they prefer to die or take the help of that doctor. If they pick the option of prefer to die inthat case they wouldnt be hypocrites otherwise they definitely ARE

    What's going on here is that approx there are 500,000 people on H1B visas in this country.

    If Anti-H1 crowd propose a bill to throw all of them out, people will laugh at them and ask them to get lost.

    So what the anti-H1 crowd has done here is "Slow bleed" as described by admin. Get rid of 8000-10,000 H1Bs out of the country each month. That way, the impact will slow and it wont send any shockwaves. IF existing H1s go to renew their H1 and the new rules apply, half of them wont fit in the new rules of "You cannot do consulting". So they will have to go back.

    These guys are trying to do what UK did to Indian and Chinese doctors. They want all of us to go back. Only difference between what UK did to doctors and what these guys want to do to us is that these guys are smarter and they are trying to get this done in slow motion. IF they take Tancredo like approach of "Everyone out, and shut the door", then it wont work.

    They have learned from Tancredo's mistake and now have adoped this slow bleed strategy of getting rid of their competition.

    Basically, they want the 1990s back. They want to roam in job market with foriegn competition, where even high-school drop-outs can get jobs of $100,000 a year by writing 20 lines of code per week.

    Man up you xenophobes. Face the competition and stop being whiny boys running to Grassley and Sessions every time you lose jobs. Get a job and get a life. Unemployment rate is 4.4 %. If you cant find jobs right now, dont blame H1B employees. Something is wrong with you.





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  • Ramba
    09-26 03:24 PM
    Employment based GC will exist whoever wins. CIR or any other reform that increses number of immigrants per year (legal/illegal/ammnisity/point system/high skilled/low skilled) may not be possible in new administration (BO/Mcsamebush), unless economy bounce back. Immigration is tiny bit of the big problem facing this country. If the current economny lead to depression/recession what is the use of having GC/USC?

    Both are politicans their first ambittion is the office. Country first is simply bull. However, I think BO, is the right choice at this momnet. as atleast he is having professional approch in every problem. He is having little bit socialism. I think economy will boucnce back in BO admin, which is the important issue at this point.



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  • ilwaiting
    04-09 08:47 AM
    This affects everyone. No one on H1B is left out. Just because one has a Perm-Fulltime job now doesn't mean he/she is safe. With Gc's taking so long, At some point during their H1B period they would have to move to a new company. They would not be able to transfer. Everyone please oppose this Bill.

    Tougher laws need to be brought in to stop abusing the program, but this bill is in its extreme and must be opposed.

    Infact, this affects everyone.

    Students looking for new H1B
    Students on OPT
    H1Bs getting extensions
    H4s transferring to H1Bs

    and all H1Bs indirectly and directly

    Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.





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  • hpandey
    06-26 03:33 PM
    Would you share what calculator are you using.

    I used one here:
    Mortgage Calculator - Bankrate.com (http://www.bankrate.com/calculators/mortgages/mortgage-calculator.aspx)

    Loan Amount: 600K (Note much less than million dollars)
    Period: 30 years fixed
    Interest Rate: 5% (On the lower side using historical averages)
    Monthly Payment: 3220.93

    Total Interest Paid across 30 years: 559,534.71

    In general the thumb rule is across 30 years you will always pay interest which is approx equal to the principal you signed up for.

    Am i missing something here ?

    Good figure to make 600K loan .. that must mean people are buying at least a 650,000 house across the whole of US . You are talking about prices going down across economy you should take the average home value also across US which is definately not 600K or else most of people will never be able to buy a house.

    I am taking about a home of an average 450K ( even that is more than the US average ) and at least 10 % down.

    I don't think even anyone here would buy a 600K house in this economy to say the least !

    Lets stick to real world calculations.



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  • meridiani.planum
    08-06 12:21 PM
    ha ha ha cannot stop replying for me the guy going up is EB2 and the guy going down is EB3, unfortunately im going down...... :p

    all until the one going down hits a trampoline and the one going up hits a ceiling. Then they reverse course. The trampoline and ceiling are the visa bulletins:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3897.html
    (Jan 2008: EB2India 2000, EB3India2001)

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3953.html
    (Mar 2008: EB2India U, EB3India 2001)

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4205.html
    (May 2008: EB2India 2004, EB3India2001)

    Dont lose heart EB3 guys, the DOS/USCIS have no idea how to move the visa bulletins. what looks good now, may not look good next month...





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  • texcan
    08-05 02:25 PM
    You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
    How about comparing the actual job duties of all EB2s and EB3s ? Not just what their lawyer says.

    Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).

    Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.

    Friend,

    Your questions are valid and great arguments.
    Do i care to answer them all, no. But since we are talking and not fighting, yes i will take some time to provide my input.
    Thankyou for asking my input nicely, i like to belong to a group of educated and people who wear a head on their shoulders.

    Now a days its in fashion to go to school and call oneself educated, which to me this is as absurd as buying a piano and calling one self musician. This is my version of an old saying (trying a little bit).

    Again thanks for your politeness, and showing brotherhood.

    Here is my input.


    you asked - You can't generalize everything. Do you care to show how this is as bad as labor substitution ?


    My 2 cents:
    It was bad because many people were selling labor certificates. I know people who bought them for 10K, and got in green card line and well ahead in line than me and probably you ( we both are on the group today).

    you said: How about Comparing job duties of all EB2s and EB3s
    My 2 cents: why, what will this give you , other than some unrest and one more fight/arguments.

    you said: Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).

    My 2 cents: Yes i agree. This lawsuit idea is also to stop unjust practice, with good intentions and not all.

    you said: Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
    My 2 cents:
    you are right there are cases where porting makes sense, but you cant claim the same on all cases. There are cases where this practice is unjust and breaking the line.
    Why do peole always port in favor of date/time to get faster green card. If porting is so justified ( job duties) how come no one ports to a category that is too late than one they are in.


    Most importantly, you cant push people around, just be nice to people. Please.

    I stand with you in this fight, but remember you stand with me too, and we stand together
    to make a point for all.



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  • sanjaymk
    08-05 05:34 PM
    no joke list is complete without little johnny's joke..here is one. This is the only decent one that I found which will not get me into trouble here..

    Little Johnny's teacher asks, "George Washington not only chopped down his father's Cherry tree, but also admitted doing it. Do any of you know why his father didn't punish him?"

    Little Johnny replies, "Because George was the one holding the axe?





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  • gccovet
    08-07 03:40 PM
    Political Science for Dummies



    DEMOCRAT
    You have two cows.
    Your neighbor has none.
    You feel guilty for being successful.

    You push for higher taxes so the government can provide cows for everyone.

    REPUBLICAN
    You have two cows.
    Your neighbor has none.
    So?

    SOCIALIST
    You have two cows.
    The government takes one and gives it to your neighbor.
    You form a cooperative to tell him how to manage his cow.

    COMMUNIST
    You have two cows.
    The government seizes both and provides you with milk.
    You wait in line for hours to get it.
    It is expensive and sour.

    CAPITALISM, AMERICAN STYLE
    You have two cows.
    You sell one, buy a bull, and build a herd of cows.

    BUREAUCRACY, AMERICAN STYLE
    You have two cows.
    Under the new farm program the government pays you to shoot one, milk the other, and then pours the milk down the drain.

    AMERICAN CORPORATION
    You have two cows.
    You sell one, lease it back to yourself and do an IPO on the 2nd one.
    You force the two cows to produce the milk of four cows. You are surprised when one cow drops dead. You spin an announcement to the analysts stating you have downsized and are reducing expenses.
    Your stock goes up.

    FRENCH CORPORATION
    You have two cows.
    You go on strike because you want three cows.
    You go to lunch and drink wine.
    Life is good.

    JAPANESE CORPORATION
    You have two cows.
    You redesign them so they are one-tenth the size of an ordinary cow and produce twenty times the milk.
    They learn to travel on unbelievably crowded trains.
    Most are at the top of their class at cow school.

    GERMAN CORPORATION
    You have two cows.
    You engineer them so they are all blond, drink lots of beer, give excellent quality milk, and run a hundred miles an hour.
    Unfortunately they also demand 13 weeks of vacation per year.

    ITALIAN CORPORATION
    You have two cows but you don't know where they are.
    You break for lunch.
    Life is good.

    RUSSIAN CORPORATION
    You have two cows.
    You have some vodka.
    You count them and learn you have five cows.
    You have some more vodka.
    You count them again and learn you have 42 cows.
    The Mafia shows up and takes over however many cows you really have.

    TALIBAN CORPORATION
    You have all the cows in Afghanistan , which are two.
    You don't milk them because you cannot touch any creature's private parts.
    You get a $40 million grant from the US government to find alternatives to milk production but use the money to buy weapons.

    IRAQI CORPORATION
    You have two cows.
    They go into hiding.
    They send radio tapes of their mooing.

    POLISH CORPORATION
    You have two bulls.
    Employees are regularly maimed and killed attempting to milk them.

    BELGIAN CORPORATION
    You have one cow.
    The cow is schizophrenic.
    Sometimes the cow thinks he's French, other times he's Flemish.
    The Flemish cow won't share with the French cow.
    The French cow wants control of the Flemish cow's milk.
    The cow asks permission to be cut in half.
    The cow dies happy.

    FLORIDA CORPORATION
    You have a black cow and a brown cow.
    Everyone votes for the best looking one.
    Some of the people who actually like the brown one best accidentally vote for the black one.
    Some people vote for both.
    Some people vote for neither.
    Some people can't figure out how to vote at all.
    Finally, a bunch of guys from out-of-state tell you which one you think is the best-looking cow.

    CALIFORNIA CORPORATION
    You have millions of cows.
    They make real California cheese.
    Only five speak English.
    Most are illegal.
    Arnold likes the ones with the big udders.



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  • abracadabra102
    12-30 09:48 AM
    at the risk of adding to this "no longer relevant" thread - there is a huge difference between US and India gaining independence.....in case of the former - it was some Britishers now settled in America fighting other Britishers (loyalists to the throne) for autonomy and independence......

    India was perhaps the first successful example of natives gaining independence from a colonial European power....

    also - to brush up on some more history - India was not occupied in 1600 - actually East India Company was established in that year.....the real establishment and consolidation of territorial control happened between two historical events (Battle of Plassey in 1757 and Sepoy Mutiny in 1857).....if we consider the 1757 date as start of colonization in true earnest - then India was independent in 190 years (1947 - 1757) against your calculation of 189 years for USA (as per your post - 1789-1600) - so not bad for a mostly non-violent struggle :-)

    Also - one of the reasons Atlee thought it was too expensive to maintain colonies was because of all the Quit India and Civil Disobedience type regular movements -these movements took much political and military bandwidth that Britain simply did not have after the war.....if maitaining a colony was easy sailing - i doubt Britain would have given it up easily and we have to credit the non-violent movements for helping India becoming a pain in the neck for Britain......

    1600 was the time Britishers set foot in US and India. You are right that the actual consolidation of power (in India) started around 1750s in India. At the same time, the actual American revolution started in 1775 and is over effectively by 1781 when George Washington's army defeated Lord Cornwallis at Yorktown. (This Cornwallis bloke returned to UK with his tail between his legs and was appointed as Governor General of India and he was very successful there. As usual we made a tiger out of a mouse :-) ). After Sepoy revolt of 1857, we had to whine for a good 90 years for our independence. Americans started it in 1775/76 and is over by 1783, in just 8 years. Before 1775/76, Americans were willing subjects of British crown, but Indians were not.





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  • gk_2000
    07-29 05:51 PM
    100 thousand is not for a president to worry about. But 11-12 Million is a different story..



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  • SunnySurya
    08-05 10:27 AM
    I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.

    Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.


    Guys,

    Ever wondered why a lawsuit never got filed against Labor Substitution, or stealing of EB Gcs by nurses, or against the discriminatory country quotas?

    Simple, you need an Immigration Attorney to file the case. The same AILA cardholding person who is expecting a windfall profit out of interfiling/PD porting. I am interested to see the immigration attorney who is willing to sacrifice profit for principle. It would be a first in history if that happen!!

    Good luck to everyone willing to participate in this wild goose chase. I guess you guys have too much money in bank to spend over such a mission impossible. If only you'd contribute equally to IV campaigns...





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  • Macaca
    07-08 06:54 PM
    In approving another h-4 visa; they askd h-1b person why they didn't get paid for three month when they entered USA. Company president along with h-1b beneficiary said that he had to climitize himself and then it took a while to get the social security number. Once he got it then he got paid. Visa officer laughed at the explanation and gave the h-4 visa. Six months later; company gets a DOL audit request for possible h-1b violations. DOL officer said that consulate sent them notification that there was h-1b violations.

    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.



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  • walking_dude
    09-29 03:47 PM
    Please read my post. I wrote 'contribute' and not vote! I know LPRs cannot vote, but they can certainly contribute to election campaigns. Assuming USCIS uses even 100,000 of available visas and taking the conservative estimate of 50,000 (50%) of them to be adults, there will be at least 200,000 new EB LPRs between now and 2012. These EB immigrants can definitely help shape the future of their future country of citizenship through their contributions.

    And why should I pray? If this country doesn't need me, I'll move over to some other that better respects me. And whom should I pray for? Mcain - author of CIR 2007 -who doesn't care either way?

    I would rather have Durbin send me back in a year rather than have McCain waste 4 more years trying to sell CIR to extreme right-wing-nuts who form the base of Repub party,and Hispanic voters. And get the resulting medley passed through a Dem congress. It will be another repeatition of CIR 2007, which was incidently authored by McCain.

    I would rather have the issue resolved one-way or another fast in a year or two rather than waste 4 more years for something which I might never see in this life.

    And you think majority of those ppl will get Voting rights by 2012....forget it...Most of the ppl here are lucky to get tehir GreeN Card by 2012....

    There is no reasoin for him to pander future voters......He will be most likely agnostic to EB issues, however, as noted..if Durbin is his Immigration advisor..then we are toast...so pray for the best...





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  • Dhundhun
    07-14 06:14 AM
    This letter is NOT good for the community. PERIOD.

    I agree with your comment. I read through various posting and rational behind that. This EB2/EB3 stuff has revived memories of worst times. And clearly I remember two other unofficial catagories.

    Delayed: I see people at least got EB3 catagory. Several people were delayed by employer for couple of years and then by lawyers (I am one of victim).

    Returned: Several guys returned back, they could have easily been in various EBs catagories.

    Do you guys think delayed and returned should also rise up in addition to EB3? Or let these groups be perished in times.



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  • gimme_GC2006
    03-23 08:23 PM
    ok...this is something..

    apparently they called my employer also and has asked them to provide all details.

    All I-9s
    All performance appraisals
    my works schedule
    my vacation requests this year
    current salary
    supervisor details


    :)





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  • mrajatish
    04-09 11:53 AM
    There is a difference between displacing an American and hiring the best talent - if I have a job opening, I interview 10 candidates and I want to select the best.

    Given the current bill, I have to wait for months to hire this candidate if this candidate happens to lack GC/citizenship. This affects my business and group productivity. Every time I wait for months to get a candidate, it affects my business.

    So, what this bill is trying to imply - "hey, do not bother hiring the best talent - why don't you hire Joe, a GC holder, he can do the job fairly well even though he is not as bright as Mary, the person you really want to hire"

    I feel a sense of disrespect in your voice for folks who do not have higher education (e.g., MS/PhD) - I have a M.S. but I know of a bunch of folks who are much brighter than me and have a bachelors degree. Infact, if I am not mistaken, Bill Gates still does not have a degree, so in your eyes, is he not useful/accomplished?





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  • gc28262
    12-19 10:31 PM
    sriramkalyan,

    I find it irritating that every now and then, some tom dick and harry comes to these forms and say - "time to close down" whenever you see something that you don't like. Frankly, this shallow view and negative attitude is irritating.

    Sanju,

    Your posts are definitely interesting. Please start a blog. We all will be happy to read it there. We should not post non-immigration related stuff on IV (especially those that are controversial). As for IV, unity is more important than freedom of speech.

    So I agree with sriramkalyan, threads such as these should be closed.





    alisa
    04-07 12:32 PM
    Why don't we let CompeteAmerica and Bill Gates and the geniuses in congress/senate figure out what the adequate number or H-1s should be. We don't care if the H1 numbers go up, or down, if I am not mistaken.

    We should only oppose increased hardships/obstacles in the form of LCA/administrative hurdles for H-1 renewals. Something that will only enrich the lawyers more, and increase the workload for USCIS.

    Whether there should be 65K H1s, or 115K, or zero. That should not be our concern.



    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.





    nogc_noproblem
    08-28 10:09 PM
    Pray for Wisdom:

    A PRAYER Dear Lord,

    I pray for Wisdom to understand my man;

    Love to forgive him;

    And Patience for his moods.

    Because, Lord, if I pray for Strength,

    I'll beat him to death.

    AMEN



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