nixstor
04-13 06:30 PM
Gurus,
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.
I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.
I am not sure what should I be doing in this situation:
If I reply with all facts this might effect my pending H1B status for new employer.
If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.
Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]
I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.
Thanks
Saurav
If you decide to reply, tell the truth.
Telling the truth about not getting paid will not get your new H1 extension into jeopardy. If you already filed for extension and do not have pay stubs for a period of time, you will possibly receive a RFE for lack of pay stubs. your response will help as an explanation of the employer's violations in case of a RFE and possibly can get you paid for the time you were not paid.
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.
I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.
I am not sure what should I be doing in this situation:
If I reply with all facts this might effect my pending H1B status for new employer.
If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.
Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]
I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.
Thanks
Saurav
If you decide to reply, tell the truth.
Telling the truth about not getting paid will not get your new H1 extension into jeopardy. If you already filed for extension and do not have pay stubs for a period of time, you will possibly receive a RFE for lack of pay stubs. your response will help as an explanation of the employer's violations in case of a RFE and possibly can get you paid for the time you were not paid.
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jthomas
04-08 10:25 PM
I got my H receipt within a week i.e. last week. I would recommend you to start working with the new employer for 2 weeks and gather two pay checks and then go for a vacation.
Hi there, thanks a lot for all your help - I won't start early at the second employer then but am still a little confused about how long it takes after filing the petition until i receive the receipt. One lawyer said we'd have to do premium processing since i will be back from Germany 4 weeks prior to switching jobs, but from what you guys said that shouldn't be necessary, correct? Thanks!
Hi there, thanks a lot for all your help - I won't start early at the second employer then but am still a little confused about how long it takes after filing the petition until i receive the receipt. One lawyer said we'd have to do premium processing since i will be back from Germany 4 weeks prior to switching jobs, but from what you guys said that shouldn't be necessary, correct? Thanks!
blacktongue
01-26 01:16 PM
Why more IT people from Andhra India?
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Aah_GC
06-20 02:19 PM
The problem is AC21 is speculative rather than definitive. You can give it your own interpretation as USCIS has not come forward with a good distinction between same and similar.
When you are at the fork of the road, the path of least resistance to GC is a sensible one, that is when you don't have the fear of not getting your GC. It is ultimately up to each one of us.
When you are at the fork of the road, the path of least resistance to GC is a sensible one, that is when you don't have the fear of not getting your GC. It is ultimately up to each one of us.
more...
Alex
05-30 10:13 PM
i wish i would of noticed this battle earlyer, it would of been alot of fun.
Soul has my vote.
Good job everyone! :)
Soul has my vote.
Good job everyone! :)
rayen
02-05 03:47 PM
Chris,
Thanks a lot I will try to reach them now.
Thanks, again.
Cris,
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
Thanks a lot I will try to reach them now.
Thanks, again.
Cris,
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
more...
CRAZYMONK
07-20 09:01 AM
All they can do is stop your salary and not re leave you from the duties. Also the day you put in your papers, they might cancel your H1B, which jeopardizes your status. So prepare for this. File the H1 B first get the approval then quit. These days it is very hard to get the H1b Transfer done.
They can't do any thing else. All the best.
Hello Sir/Madam,
I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.
A brief info about me :
1. I'm basically an employee of Wipro, India deputed in US on H1B.
2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.
My current issue :
1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
2. I Can give only 3 weeks of notice.
Advice needed :
1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?
Your suggestions will do a world of good to me. Thank you in advance.
Regards,
Ineedhelp
They can't do any thing else. All the best.
Hello Sir/Madam,
I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.
A brief info about me :
1. I'm basically an employee of Wipro, India deputed in US on H1B.
2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.
My current issue :
1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
2. I Can give only 3 weeks of notice.
Advice needed :
1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?
Your suggestions will do a world of good to me. Thank you in advance.
Regards,
Ineedhelp
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lapisguy
07-25 05:42 PM
Hi,
I was going thru the chain of I-140 issues, my case is a bit similar but wanted some expert advice...
My employer filed I-140 in June but I did not get any approval yet so my employer ask me to wait until it approved then file for I-485?
Are there chances that if I file I-485 it would get rejected?
I was going thru the chain of I-140 issues, my case is a bit similar but wanted some expert advice...
My employer filed I-140 in June but I did not get any approval yet so my employer ask me to wait until it approved then file for I-485?
Are there chances that if I file I-485 it would get rejected?
more...
snhn
06-13 02:53 PM
Ok, My PD is Oct 2001 .EB3 pending labo9r in dallas backlog center. 45 day letter received in Jan of this year. No more conresspondence so far. However my company filed PERM EB3 it got approved and now the I140 is approved as well. My PD is up for the old labor. Is there anyways, I can use PERM approved I140 and apply for 1485.
Thansk!
Thansk!
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JazzByTheBay
09-08 11:49 AM
Given the demographics of the greater Seattle area in general, and Redmond in particular - I'm surprised "softies" haven't taken over the WA chapter completely... :)
Hope to see all of you in DC..
cheers!
jazz
My wife and me have joined the yahoogroups for WA chapter, We are going for the rally, how can we encourage more friends in WA state to go? I know there are people willing to sponsor, provide part of funds, help with accommodation and so on and if anyone in WA has any of these limitations, people are willing to coordinate. How do we get the point across to all Washingtonian GC sufferers or people who just filed for 485 and don't see the bleak tomorrow. How do we wake them up all up? We have so many employers here, is there something we can do to wake them up from the slumber and mirage of filing 485? I must admit, I was sleeping too until yesterday when we booked our tickets.
Hope to see all of you in DC..
cheers!
jazz
My wife and me have joined the yahoogroups for WA chapter, We are going for the rally, how can we encourage more friends in WA state to go? I know there are people willing to sponsor, provide part of funds, help with accommodation and so on and if anyone in WA has any of these limitations, people are willing to coordinate. How do we get the point across to all Washingtonian GC sufferers or people who just filed for 485 and don't see the bleak tomorrow. How do we wake them up all up? We have so many employers here, is there something we can do to wake them up from the slumber and mirage of filing 485? I must admit, I was sleeping too until yesterday when we booked our tickets.
more...
greencardvow
08-03 07:23 PM
Please close this thread.
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LostInGCProcess
05-19 04:05 PM
You should have reported these issues within 12 months of your employement. Otherwise there is no use. All you can do is send a letter to the Wipro HR, stateing you are filing a formal complaint to the DOL and wirting to the congress man. Also tell them you are going to make sure this story highted everywhere in the Internet and media to damage WIPRO's name. I am sure they do not want to get a bad PR in this situation where everyone hates the Indian companies.
The statue of limitation is, i believe, 2 years.
The statue of limitation is, i believe, 2 years.
more...
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desi_hardcore_techie
08-13 12:32 PM
oye chappan... ever been to indore?
there is a small shops complex there called chappan dukaan... very famous hangout place for all indorians... just remembered :)
Chappan Dukaan is too good...even non indorians have heard about it...
I just had a morning dream that EB3 will be current in coming months.
May all EBs get current and all desis can switch jobs/companies/professions....
Good Luck to everybody!
there is a small shops complex there called chappan dukaan... very famous hangout place for all indorians... just remembered :)
Chappan Dukaan is too good...even non indorians have heard about it...
I just had a morning dream that EB3 will be current in coming months.
May all EBs get current and all desis can switch jobs/companies/professions....
Good Luck to everybody!
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Becks
02-23 09:45 PM
I think once the application is processed, they will mark the case as "pending visa number availability". July 30 means, they must have processed(hopefully) half of the July fiasco filers. We can expect LUDs on the cases.
If PD is not current, will USCIS process your I-485 application?
NSC indicates that they are processing I-485 applications with notice date of July 30, 3007. Does it mean they have processed all the I-485 applications received (ND) prior to that date even if PD was not current for all those applications?
If PD is not current, will USCIS process your I-485 application?
NSC indicates that they are processing I-485 applications with notice date of July 30, 3007. Does it mean they have processed all the I-485 applications received (ND) prior to that date even if PD was not current for all those applications?
more...
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Canuck
02-03 01:50 AM
People,
The country listed here is country of citizenship. We all know though that GCs are granted based on country of birth. Thus, there may be even more people charged to India than listed. Conversely, you may have a couple of Indian citizens who were not born in India that will fall in the ROW category...
The country listed here is country of citizenship. We all know though that GCs are granted based on country of birth. Thus, there may be even more people charged to India than listed. Conversely, you may have a couple of Indian citizens who were not born in India that will fall in the ROW category...
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mihird
02-24 02:19 PM
Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.
My CPA had itemized my wife's travel expenses for H1-B stamping on the 2006 return. Here's the logic for justifying the travel to get the visa stamped.
The H4->H1-B change of status is truly a change of intent, and traveling back to your home country and re-entering with a proper visa within a reasonable time after the change of status is what most immigration attorneys will advise.
GC expenses, however should not be claimed. H1-B is needed for the job, GC is not...
There are instances of people have trouble re-entering if they had not got their H1-B visa stamped in a timely manner after the change of status...
My CPA had itemized my wife's travel expenses for H1-B stamping on the 2006 return. Here's the logic for justifying the travel to get the visa stamped.
The H4->H1-B change of status is truly a change of intent, and traveling back to your home country and re-entering with a proper visa within a reasonable time after the change of status is what most immigration attorneys will advise.
GC expenses, however should not be claimed. H1-B is needed for the job, GC is not...
There are instances of people have trouble re-entering if they had not got their H1-B visa stamped in a timely manner after the change of status...
more...
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abhatti
07-16 02:56 PM
where do you all see/consult for updates or news on USCIS activities?
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apahilaj
07-19 07:11 AM
Hi Seahawks,
I had a question regarding your post - you mentioned that if you are filing with your spouse, there's another form you have to file. I filed along with my spouse and I did not have to fill out any special form; my attorney did not ask for any special form for my spouse and neither did he ask for my tax information.
Can you please provide details of this form you are talking about? My application has already reached USCIS in the begining of July.
Am I expecting an RFE on it? Thanks.
I had a question regarding your post - you mentioned that if you are filing with your spouse, there's another form you have to file. I filed along with my spouse and I did not have to fill out any special form; my attorney did not ask for any special form for my spouse and neither did he ask for my tax information.
Can you please provide details of this form you are talking about? My application has already reached USCIS in the begining of July.
Am I expecting an RFE on it? Thanks.
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rb_248
09-08 09:17 PM
Cograts!! rb_248..
Did you notice any LUD's on your case in September?..i got an RFE for my Spouse in August and responded on September 2nd after that there is Soft LUD almost every day but no status change..on my case no LUD's or what so ever last LUD was on 08/19 the day when i did my FP that's it..Guys i am frustated and feeling some how that i will miss this bus... called USCIS IO told me that both the cases are with officer not sure how reliable inof that is..Opened SR on September 3rd..guys please suggest me what else i can do:confused::confused::mad::mad::mad:
Thanks. No LUDs. Just got it in the mail straight. Try contacting your senator or congressperson.
Did you notice any LUD's on your case in September?..i got an RFE for my Spouse in August and responded on September 2nd after that there is Soft LUD almost every day but no status change..on my case no LUD's or what so ever last LUD was on 08/19 the day when i did my FP that's it..Guys i am frustated and feeling some how that i will miss this bus... called USCIS IO told me that both the cases are with officer not sure how reliable inof that is..Opened SR on September 3rd..guys please suggest me what else i can do:confused::confused::mad::mad::mad:
Thanks. No LUDs. Just got it in the mail straight. Try contacting your senator or congressperson.
rayen
02-05 03:20 PM
18003755283
1
2
1
receipt no
1
1
3
4
Good luck
Chris,
Thanks a lot I will try to reach them now.
Thanks, again.
1
2
1
receipt no
1
1
3
4
Good luck
Chris,
Thanks a lot I will try to reach them now.
Thanks, again.
arjun007
01-26 12:53 PM
H1B Stamping in Halifax Canada (only for revalidation)
If this is your first H1 do not book your appointment. I had my H1 from my first company and I was going for the stamp for my third company.
-Appointment
I Scheduled the appointment on the website. While scheduling it the page for entering the I-797 information (notice date, receipt date, receipt number) did not show up. But a few days before the appointment I logged in again to my account with the passport number and reference number, this page showed up and I entered the information. It is important to fill out this information and DS 156 online.
I would suggest filling up a sample DS-156 offline and after reviewing it filling it up online. You should get 3 pages for the DS 156 and 2 of them have a barcode.
*Do not glue the 2x2 photograph on the form.
*Also do not leave any blank spaces (.... write NA)
At the airport
As soon as I got out of the immigration at Halifax, a few yards down the airport lounge I saw the Travelex foreign exchange and converted a few us dollars. there is a 7 $ fee for every transaction. If you have somebody with you, I would recommend both of you to do the transaction in one go. I recommend not taking a cab to the city. It costs 54 Canadan $. There is a shuttle service managed by AIRPORTER. Its 18 $ per person. Book your ticket in the airport terminal itself. Ask the driver to drop you at Delta Halifax (Hotel).
-Scotia Bank
Once you get down at Delta Halifax you will see the Scotia Bank Sign. Get into the building. The bank is in this building (Scotia Mall) right behind a fountain.
Deposit the money and get the deposit slips stamped. I converted another 50 US $ for a 2 $ fee ( Cheaper than the airport). The food court is next to the bank. I ate at TASTE OF INDIA, but I would recommend the Chicken kabob platter at the Lebanese joint. After lunch I walked all the way through the skywalk to the PURDY WHARFS TOWER 2, behind the Casino, to check out the consulate, so that I do not have to struggle the next day to find it. The security at the reception area called a cab for us to my Dartmouth motel.
-Stay
I booked a motel (air+hotel package on ORBITZ) in Darthmouth, Nova Scotia (Comfort Inn, 456 Windmill rd) $ 72 per night for a 2 bed room. Its 20 minutes away from the city. 14 $ by cab. You can also take the bus number 51 (2$ coins only) right across the motel to the place called Bridge (it literally takes you to the bridge which connects Dartmouth and Halifax city). Remember to take the transfer stub and change the bus. Most of the buses from the bridge go to the Scotia Mall in Halifax. We travelled by bus for most of the day. It was very cold. January and temperature were around -20 C. There is a Chinese restaurant and a Pizza/Sub place right across the Motel. Also the Bridge area has a few places like Wendy's.
-day of the interview
My appt was at 9:30 , I was there by 8. They took me in. Gave me a list of documents to be kept ready (I was missing the travel itenary, fortunately my friend who was travelling with me had an extra copy). The security guy checks the documents and gives you a stub for the passport. Keep this stub safely, you have to show it the next day to get back your passport. (Its cool even if you lose it.The security guy is very freindly. He remembers people. A few had lost it, but no issue)
questions
- how long you have been in US
- what degree (Masters or Bachelors)
- how long with this company
- why did you leave the first company
- why did you leave the second company
- when did you leave the company
She told me ( as with other applicants) that my information is not in the new system called PIMPS, so its possible that I could not get my passport the next day at 3 pm.
After the interview we went back to the scotia mall, had lebonese food, took a bus number 1 to the park lane mall ( you could also walk) and watched an awesome movie (Kite Runner)
Next Tense day
This was friday, my flight was at 6:15 pm. The US immigration closes at 5:30, so I had to be back to the airport at the most by 5:15 pm.
I was at the consulate at 2:50 pm. I security guy let us in. Has a small chat with us. Said only a few passports are ready. unfortunate none of them were ours. We waited till 3:15 pm but the passports werent ready. There were 7 of us , only 2 were H1B. He asked us to come back at 4:30 pm, if not by then he ased us to enjoy our weekend at Halifax !! We went back to the Scotia mall, ate some more, came back at 4:00, clock was ticking...all 7 of us were there by 4:30 pm. All were very tensed, they had booked their tickets like us. 4:45 nothing yet....4:56 I got my passport, 4:59 my friends got my passport. We ran down to the reception, the security called a cab,
All of us had got the Passports. The Taxi driver (Indian) drove like crazy to get us to the airport. It was rush hour and the Bridge is packed. The most amazing driving I have seen. We got to the airport at 5:30 pm, but they didnt let us check in as the Immigration was closed. I paid 200$ for 2 if us to rebook the next available flight next morning and stayed the whole night at the airport.
-
Hope this information was useful. Too detail, but I was in the mood of writing after watching Kite Runner. Do watch it !
If this is your first H1 do not book your appointment. I had my H1 from my first company and I was going for the stamp for my third company.
-Appointment
I Scheduled the appointment on the website. While scheduling it the page for entering the I-797 information (notice date, receipt date, receipt number) did not show up. But a few days before the appointment I logged in again to my account with the passport number and reference number, this page showed up and I entered the information. It is important to fill out this information and DS 156 online.
I would suggest filling up a sample DS-156 offline and after reviewing it filling it up online. You should get 3 pages for the DS 156 and 2 of them have a barcode.
*Do not glue the 2x2 photograph on the form.
*Also do not leave any blank spaces (.... write NA)
At the airport
As soon as I got out of the immigration at Halifax, a few yards down the airport lounge I saw the Travelex foreign exchange and converted a few us dollars. there is a 7 $ fee for every transaction. If you have somebody with you, I would recommend both of you to do the transaction in one go. I recommend not taking a cab to the city. It costs 54 Canadan $. There is a shuttle service managed by AIRPORTER. Its 18 $ per person. Book your ticket in the airport terminal itself. Ask the driver to drop you at Delta Halifax (Hotel).
-Scotia Bank
Once you get down at Delta Halifax you will see the Scotia Bank Sign. Get into the building. The bank is in this building (Scotia Mall) right behind a fountain.
Deposit the money and get the deposit slips stamped. I converted another 50 US $ for a 2 $ fee ( Cheaper than the airport). The food court is next to the bank. I ate at TASTE OF INDIA, but I would recommend the Chicken kabob platter at the Lebanese joint. After lunch I walked all the way through the skywalk to the PURDY WHARFS TOWER 2, behind the Casino, to check out the consulate, so that I do not have to struggle the next day to find it. The security at the reception area called a cab for us to my Dartmouth motel.
-Stay
I booked a motel (air+hotel package on ORBITZ) in Darthmouth, Nova Scotia (Comfort Inn, 456 Windmill rd) $ 72 per night for a 2 bed room. Its 20 minutes away from the city. 14 $ by cab. You can also take the bus number 51 (2$ coins only) right across the motel to the place called Bridge (it literally takes you to the bridge which connects Dartmouth and Halifax city). Remember to take the transfer stub and change the bus. Most of the buses from the bridge go to the Scotia Mall in Halifax. We travelled by bus for most of the day. It was very cold. January and temperature were around -20 C. There is a Chinese restaurant and a Pizza/Sub place right across the Motel. Also the Bridge area has a few places like Wendy's.
-day of the interview
My appt was at 9:30 , I was there by 8. They took me in. Gave me a list of documents to be kept ready (I was missing the travel itenary, fortunately my friend who was travelling with me had an extra copy). The security guy checks the documents and gives you a stub for the passport. Keep this stub safely, you have to show it the next day to get back your passport. (Its cool even if you lose it.The security guy is very freindly. He remembers people. A few had lost it, but no issue)
questions
- how long you have been in US
- what degree (Masters or Bachelors)
- how long with this company
- why did you leave the first company
- why did you leave the second company
- when did you leave the company
She told me ( as with other applicants) that my information is not in the new system called PIMPS, so its possible that I could not get my passport the next day at 3 pm.
After the interview we went back to the scotia mall, had lebonese food, took a bus number 1 to the park lane mall ( you could also walk) and watched an awesome movie (Kite Runner)
Next Tense day
This was friday, my flight was at 6:15 pm. The US immigration closes at 5:30, so I had to be back to the airport at the most by 5:15 pm.
I was at the consulate at 2:50 pm. I security guy let us in. Has a small chat with us. Said only a few passports are ready. unfortunate none of them were ours. We waited till 3:15 pm but the passports werent ready. There were 7 of us , only 2 were H1B. He asked us to come back at 4:30 pm, if not by then he ased us to enjoy our weekend at Halifax !! We went back to the Scotia mall, ate some more, came back at 4:00, clock was ticking...all 7 of us were there by 4:30 pm. All were very tensed, they had booked their tickets like us. 4:45 nothing yet....4:56 I got my passport, 4:59 my friends got my passport. We ran down to the reception, the security called a cab,
All of us had got the Passports. The Taxi driver (Indian) drove like crazy to get us to the airport. It was rush hour and the Bridge is packed. The most amazing driving I have seen. We got to the airport at 5:30 pm, but they didnt let us check in as the Immigration was closed. I paid 200$ for 2 if us to rebook the next available flight next morning and stayed the whole night at the airport.
-
Hope this information was useful. Too detail, but I was in the mood of writing after watching Kite Runner. Do watch it !
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