485Mbe4001
07-17 01:47 PM
It all depends on the number of people on EB3 for each month from Nov 2001 to date. Since dont have the slightest idea, there is little we can do. if you can switch, go ahead and switch. Its no use speculating, data doesnt tell anything because sample size on that site is very small and the data is not up to date.
if an EB 3 switches to EB 2 is the visa deducted from the EB 2 quota or EB3 or both, i guess it should be EB2 ... considering USCIS..who knows.
if an EB 3 switches to EB 2 is the visa deducted from the EB 2 quota or EB3 or both, i guess it should be EB2 ... considering USCIS..who knows.
wallpaper Jessica Stroup attends the 5th
swarnapuri
12-01 09:50 AM
Thanks for bringing this up!
god_bless_you, Thanks for the book suggestion!
god_bless_you, Thanks for the book suggestion!
gapala
03-20 08:12 PM
The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
I hope you assume this as a new H1B not a transfer or else your post is wrong.
As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.
According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.
Really?
in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law. Pay him? Correct, only if OP work for them :) Employee "no show" is not considered as employer problem, han he had to cancel the H1. !:)
For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.
Hope this helps!:)
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor and new sponsor is X.
so there is no question that you recent h1 is valid (Employer X after transfer) and past is invalid (employer #2) . I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend !:)
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
I hope you assume this as a new H1B not a transfer or else your post is wrong.
As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.
According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.
Really?
in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law. Pay him? Correct, only if OP work for them :) Employee "no show" is not considered as employer problem, han he had to cancel the H1. !:)
For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.
Hope this helps!:)
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor and new sponsor is X.
so there is no question that you recent h1 is valid (Employer X after transfer) and past is invalid (employer #2) . I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend !:)
2011 Actress Jessica Stroup
jambapamba
07-18 07:48 AM
I don't know the history of BigTime007 postings. Maybe he has said some things in the past that lead to the ban but his most recent post which got him banned seemed just like venting and nothing more.
What I do find annoying though is when ppl whose PD's are in 2006-2007 tell ppl rotting in BEC to "enjoy the ride". I have seen a few threads in the past where someone stuck in BEC was just venting and then ppl come along and tell them to "be happy for others". I don't get it. How is a person who is stuck for years, sees ppl with later cases get interim benefits, supposed to feel happy knowing they will still be stuck. :confused:
I think all these poor souls are looking for is a few words of sympathy and company of ppl in similiar situation (not very different from ppl complaining about retrogression mind you). If we can not do anything to help ppl stuck in those blackhole let's not rub salt into their wounds.
Lastly, regardless of whether you are stuck in BEC or expect to be stuck in retrogression for the next few years, there is no reason to be uncivil.
I didn't read bigtime* posts either...but if he was being uncivil to us who are filing...its not right. He has every right to be frustrated but being uncivil is not right.
What I do find annoying though is when ppl whose PD's are in 2006-2007 tell ppl rotting in BEC to "enjoy the ride". I have seen a few threads in the past where someone stuck in BEC was just venting and then ppl come along and tell them to "be happy for others". I don't get it. How is a person who is stuck for years, sees ppl with later cases get interim benefits, supposed to feel happy knowing they will still be stuck. :confused:
I think all these poor souls are looking for is a few words of sympathy and company of ppl in similiar situation (not very different from ppl complaining about retrogression mind you). If we can not do anything to help ppl stuck in those blackhole let's not rub salt into their wounds.
Lastly, regardless of whether you are stuck in BEC or expect to be stuck in retrogression for the next few years, there is no reason to be uncivil.
I didn't read bigtime* posts either...but if he was being uncivil to us who are filing...its not right. He has every right to be frustrated but being uncivil is not right.
more...
GiveGCNow
06-30 06:21 PM
Some rats are trying to scare you ...............Dont worry just chill!!
sledge_hammer
04-10 12:27 PM
How do you check the comments when someone REDs you? I've been looking around but haven't found the link.
Cool! More reds with these comments. Although you guys didn't make these comments openly, I would like to reply to you openly:
Red Comment No. 1: Learn to reply back with a cool head. Real, focused, communication in IV should be a marketing strategy for geting more donors...if that is not there...enjoy !
Neither am I IV's customer service, nor is IV core. All this guy needed to do was to search the forums and read through that thread that I pointed him to, and voila, he would have know what is IV's intention on the donor forum. He probably knew about it but just decided to throw some oil to the fire in this current thread. I agree with your reasoning on giving more focused replies but then that's what I'd keep doing all day because there are tons of folks roaming around here who have nothing better to do but criticize IV!
Red Comment No. 2: why the sarcasm, hes in the same boat as you
How is he in the same boat as me? I am on a boat called IV and I don't see him on that boat. You just wanted to give me a red dot but couldn't think of a solid reason, isn't it?
Cool! More reds with these comments. Although you guys didn't make these comments openly, I would like to reply to you openly:
Red Comment No. 1: Learn to reply back with a cool head. Real, focused, communication in IV should be a marketing strategy for geting more donors...if that is not there...enjoy !
Neither am I IV's customer service, nor is IV core. All this guy needed to do was to search the forums and read through that thread that I pointed him to, and voila, he would have know what is IV's intention on the donor forum. He probably knew about it but just decided to throw some oil to the fire in this current thread. I agree with your reasoning on giving more focused replies but then that's what I'd keep doing all day because there are tons of folks roaming around here who have nothing better to do but criticize IV!
Red Comment No. 2: why the sarcasm, hes in the same boat as you
How is he in the same boat as me? I am on a boat called IV and I don't see him on that boat. You just wanted to give me a red dot but couldn't think of a solid reason, isn't it?
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amitjoey
05-25 03:55 PM
Sent 3rd round emails to NE congressman.
Thank you.
Thank you.
2010 Jessica Stroup
Jaime
09-06 04:08 PM
YES Baby!. I am making it to the Sep 18th DC Rally. I am also bringing my parents (who are visiting US) along with me to the rally. So, total count is 3.
Initially, I was planning to take them to just NYC. Now I changed plans and decided to show them DC as well. Since we are talking about Washington Monument and Capitol Building, I don't think they will mind at all :).
Go Fellows Go...
Way to goo neel_gump! That's great that you and your parents will attend the rally! And also, you are right, DC is a great tourist destination which your parents will greatly enjoy!
That's actually a good idea too, why not make it a long-weekend? Vacation + activism, you will enjoy yourselves and also help yourselves by telling Congress to do what is fair!
Initially, I was planning to take them to just NYC. Now I changed plans and decided to show them DC as well. Since we are talking about Washington Monument and Capitol Building, I don't think they will mind at all :).
Go Fellows Go...
Way to goo neel_gump! That's great that you and your parents will attend the rally! And also, you are right, DC is a great tourist destination which your parents will greatly enjoy!
That's actually a good idea too, why not make it a long-weekend? Vacation + activism, you will enjoy yourselves and also help yourselves by telling Congress to do what is fair!
more...
anilsal
11-25 03:04 PM
Here is my list. #1 is unprobable till 2009, so may be we can work on 2, 3, 4
1. Need a legislation change (to increase visa numbers).
2. If the above is not possible, recapture unused visa numbers.
3. If 1 & 2 not possible, exempt spouse and children from visa number counts.
4. If 1, 2 & 3 not possible, then atleast get them to disclose country wise backlog data, so that there is no "cheating" in visa bulletins
Excellent thinking. :)
What should be done to make this happen? Any suggestions? ;)
1. Need a legislation change (to increase visa numbers).
2. If the above is not possible, recapture unused visa numbers.
3. If 1 & 2 not possible, exempt spouse and children from visa number counts.
4. If 1, 2 & 3 not possible, then atleast get them to disclose country wise backlog data, so that there is no "cheating" in visa bulletins
Excellent thinking. :)
What should be done to make this happen? Any suggestions? ;)
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jonty_11
06-22 12:54 PM
Does the new CIR Bill invalidate AC21...if yes then will it affect people who already have EAD before enactment of the bill.
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akred
03-15 03:18 AM
As mentioned by some others in the same thread: a lot of employers are also taking advantage of this situation.
i was one of those who was forced to file EB3 despite qualifying very well for EB2. The pretext is job description, although same job description has personnel applied for in EB2.
Quite a few of the EB3 crowd has had no choice, but to be herded in the slowest category to benefit the employer.
How can we highlight this?
Only way out is to find another employer/manager, file an EB2 labor and recapture the old priority date. Once you have the basic qualifications (MS or BS+5), the decision between EB3/EB2 is subjective and at your manager's/employer's discretion.
i was one of those who was forced to file EB3 despite qualifying very well for EB2. The pretext is job description, although same job description has personnel applied for in EB2.
Quite a few of the EB3 crowd has had no choice, but to be herded in the slowest category to benefit the employer.
How can we highlight this?
Only way out is to find another employer/manager, file an EB2 labor and recapture the old priority date. Once you have the basic qualifications (MS or BS+5), the decision between EB3/EB2 is subjective and at your manager's/employer's discretion.
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indianindian2006
07-03 12:34 PM
http://aila.org/content/default.aspx?docid=19879
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grupak
06-26 12:16 PM
Lets do the best we can. If it does not work, we are no worse than where we already are.
A group of us just went to Lamar Smith's Austin District Office and detailed his liason about the bills, benefits and information about IV. She said she will have them Fedex'd today to their Washington office and keep us informed about congressman's stand.
Thank you.
A group of us just went to Lamar Smith's Austin District Office and detailed his liason about the bills, benefits and information about IV. She said she will have them Fedex'd today to their Washington office and keep us informed about congressman's stand.
Thank you.
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clemsonite
05-17 02:30 PM
...actually just clicked through and filled up info. Thanks for making it easier. Hope it helps.
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nightowl76
03-05 01:51 AM
Are you asking tha the information we provide be broken down into the categories listed above, or may we group all EB-2 categories and ass EB-3 categories together?
Did her original letter actually say ass EB3??? Or did you make a typo?
Did her original letter actually say ass EB3??? Or did you make a typo?
dresses Secretsquot;--Jessica Stroup
franklin
09-28 11:20 AM
Neah, there were too many approved to be all squeaky wheels. I think I know what they did. On July 1st they ran a simple query and picked up every application that has had no outstanding RFEs and had cleared namecheck, and then assigned them a visa number. If your receipt is from June, you may have cleared namecheck by July 1st, so you got the number. The rest (fingerprint check and approval itself) is just technicality.
I am on the opposite spectrum of the processing - been pending since early 2006 in EB2 ROW. My namecheck cleared late August - guess what, I am still waiting, perhaps until new numbers become available in October (even though I am current). Even though I have been waiting longer, they really finished working on my petition in June of 2006, so everything on the CIS side, including an RFE was done in 4 months. So, I really do not think your case is an exception. Most current approvable petitions that are not stuck in namecheck are approved in 3-4 months. So, in my opinion, quotas are the main culpit. Namecheck is easier to tackle because it gets a lot of bad publicity from delayed naturalization cases.
Sorry - My case is the exception, not the norm - it is a tiny percentage that got approved so quickly from Retrogressed categories. I do have a fairly early PD so that probably helped. To say that most current approvable petitions are processed in 3 - 4 months on average would be wrong.
But rapid fluctations of PD becoming current (as we saw this year) will not help at all (info from Ombudsman report)
* If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
* Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
* As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates.
o Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years.
o In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
You really don't seem to think there is a problem at all, so why are you here?
The only time that EB2 ROW has retrogressed at all is was for a couple of months late this year (Sept - Oct). EB2 ROW is unaffected by the quotas - so you aren't worried about them. Sounds like you are experiencing processing inefficiency to me. So yes, EB2 ROW should be much much quicker, assuming no processing delays or name check issues.
I am on the opposite spectrum of the processing - been pending since early 2006 in EB2 ROW. My namecheck cleared late August - guess what, I am still waiting, perhaps until new numbers become available in October (even though I am current). Even though I have been waiting longer, they really finished working on my petition in June of 2006, so everything on the CIS side, including an RFE was done in 4 months. So, I really do not think your case is an exception. Most current approvable petitions that are not stuck in namecheck are approved in 3-4 months. So, in my opinion, quotas are the main culpit. Namecheck is easier to tackle because it gets a lot of bad publicity from delayed naturalization cases.
Sorry - My case is the exception, not the norm - it is a tiny percentage that got approved so quickly from Retrogressed categories. I do have a fairly early PD so that probably helped. To say that most current approvable petitions are processed in 3 - 4 months on average would be wrong.
But rapid fluctations of PD becoming current (as we saw this year) will not help at all (info from Ombudsman report)
* If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
* Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
* As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates.
o Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years.
o In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
You really don't seem to think there is a problem at all, so why are you here?
The only time that EB2 ROW has retrogressed at all is was for a couple of months late this year (Sept - Oct). EB2 ROW is unaffected by the quotas - so you aren't worried about them. Sounds like you are experiencing processing inefficiency to me. So yes, EB2 ROW should be much much quicker, assuming no processing delays or name check issues.
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makeup Jessica Stroup
missourian
09-17 09:50 PM
Filed I-485 on July 31,2007, till date not received my receipt and my checks not en cashed either, Today I have been told my last day in the company would be September 28,2007.I have given following options, please advice
Options
1. Two weeks pay that's it I need to leave the company which leads me to square one of GC processing(Having approved I140 with PD Dec 2004 in EB3)
2. I will be transferred to Indian operations of the same company ( I leaning towards this option) if I choose options they agreed to continue my GC, but since I filed for AOS is there any way convert my AOS application to consular processing?
Guys please advice
Options
1. Two weeks pay that's it I need to leave the company which leads me to square one of GC processing(Having approved I140 with PD Dec 2004 in EB3)
2. I will be transferred to Indian operations of the same company ( I leaning towards this option) if I choose options they agreed to continue my GC, but since I filed for AOS is there any way convert my AOS application to consular processing?
Guys please advice
girlfriend Jessica Stroup AnnaLynne
dpp
07-21 08:24 AM
Frankly speaking, i am not a sufferer from BEC, but i want to know more about this mess.
Does the FIFO means, they process the applications in FIFO order, Does it mean that they approve also in the FIFO order? I think both processing and approving are different. Whoever got the case with less complications, will first get the approval and whose case got more complications, takes more time. Is it correct? I may be wrong. I think thats the reason why 2004 PDs may come out BEC fast sometimes as they put the case strongly and clearly.
Don't shout at me, i may be wrong.
Risker,
I am very glad that you brought this point. Nothing would give me greater pleasure than suing the DOL. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter and deliberate disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on the DOL web site that they have tried to maintain FIFO, it makes me feel like puking.
Some folks have pointed that the lawsuit is not worth, as it has little chance of winning. To me personally, more than winning or loosing, it is a matter of bringing injustice to the light, as Gandhi has said something in this line: First step against injustice is to make it visible. This law suit will bring public scrutiny to the misdeeds of the DOL.
Even if all the backlogs get cleared by September 2007, severe damage has been already dealt to our lives. Though I am close to getting my labor clearance (I filed RRI few weeks back), I am strongly in favor of continuing with the law suit even after getting the labor clearance.
Let’s get IV’s attention and support in this area. Let’s talk to AILA. Let’s write letters to senators and house representatives (congresswoman Lofgren may be good person to start with). Let’s write to media personnel. Let’s do whatever needs to be done to expose this insult and injury to the immigrants who waited in the line for years and followed rules of the game.
Does the FIFO means, they process the applications in FIFO order, Does it mean that they approve also in the FIFO order? I think both processing and approving are different. Whoever got the case with less complications, will first get the approval and whose case got more complications, takes more time. Is it correct? I may be wrong. I think thats the reason why 2004 PDs may come out BEC fast sometimes as they put the case strongly and clearly.
Don't shout at me, i may be wrong.
Risker,
I am very glad that you brought this point. Nothing would give me greater pleasure than suing the DOL. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter and deliberate disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on the DOL web site that they have tried to maintain FIFO, it makes me feel like puking.
Some folks have pointed that the lawsuit is not worth, as it has little chance of winning. To me personally, more than winning or loosing, it is a matter of bringing injustice to the light, as Gandhi has said something in this line: First step against injustice is to make it visible. This law suit will bring public scrutiny to the misdeeds of the DOL.
Even if all the backlogs get cleared by September 2007, severe damage has been already dealt to our lives. Though I am close to getting my labor clearance (I filed RRI few weeks back), I am strongly in favor of continuing with the law suit even after getting the labor clearance.
Let’s get IV’s attention and support in this area. Let’s talk to AILA. Let’s write letters to senators and house representatives (congresswoman Lofgren may be good person to start with). Let’s write to media personnel. Let’s do whatever needs to be done to expose this insult and injury to the immigrants who waited in the line for years and followed rules of the game.
hairstyles 1 week ago on 25 May 2011
sunny1000
06-10 06:07 PM
sagar_nyc, agreed. EB3 is a joke and even worst I have become a joker in front of all my friends who applied in EB2 cheating the system. Funny is, experience wise, I am well ahead of all those making fun of me but...:-(
too bad, eb3 does not even have a place to vent these days as IV forums and its thread only has discussions from EB2 members.
anyway, best of luck to everybody. the world is not fair, I am willing to fight my part to make it fair and just for all.
I hear you. Yours may become current at the beginning of next FY year as they project Feb 02 for sept 2010. Wish you luck!
too bad, eb3 does not even have a place to vent these days as IV forums and its thread only has discussions from EB2 members.
anyway, best of luck to everybody. the world is not fair, I am willing to fight my part to make it fair and just for all.
I hear you. Yours may become current at the beginning of next FY year as they project Feb 02 for sept 2010. Wish you luck!
chanduv23
09-13 01:48 PM
Lets all be winners - lets all show our faces to the nation - WE ARE HIGHLY SKILLED LEGAL IMMIGRANTS CONTRIBUTING TO THE ECONOMY - HARD WORKING AND WE HAVE ALL RIGHTS TO PURSUE OUR DREAM.
IF WE ALL SIT QUIET AND TAKE A BACK SEAT, WE WILL ALWAYS BE BEHIND, MAKING IT EASY FOR ANTI IMMIGRANTS TO RULE OVER US.
LETS MOVE TO DC.
COME ON FOLKS - LETS SHOW OUR SOLADIRITY FOR A CAUSE.
IF WE ALL SIT QUIET AND TAKE A BACK SEAT, WE WILL ALWAYS BE BEHIND, MAKING IT EASY FOR ANTI IMMIGRANTS TO RULE OVER US.
LETS MOVE TO DC.
COME ON FOLKS - LETS SHOW OUR SOLADIRITY FOR A CAUSE.
anandrajesh
09-19 05:11 PM
Well Said Logiclife... That was an eye-opener. Hopefully something positive happens because of all your hardwork.
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