butterchicken
04-28 02:10 PM
DOL Proposed Legislation for Labor Certification
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
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Almond
07-17 07:53 PM
ALMOND if i keep on asking you what is your name every single day , will you have patience to tell your name every single day !!! i understand your argument but as the so called "Highly Skilled" we need to be doing some research in background and not treat this forum as a paid service.
Yes, yes, every single day, absolutely!! I promise. You know why? because if YOU ask me what my name is every day then you obviously have a bit of a mental problem (either slow in the brain or just forgetful as many of us are) so why shouldn't I help you , it's not your fault for being that way, I'm not better than you, why shouldn't I help you? Now, if different people come and ask me for my name then I will know they were not around when you asked me for it so they didn't hear it. You have a ton of new people who just found this place or are just registering. Not everyone on here is desi and not all desis are computer people and not everyone thinks forum/search forum/search google/then post like you and not everyone has your awesome computer skills. yes, knowing your way around the internetz is almost universal in this day and age but not many can do a successful search (trust me, you'd be surprised) You have to be patient. Would your ghandi be this way? We're your people. Different nationality, same situation. Be patient. It's good karma and you need it, considering you're here.
Yes, yes, every single day, absolutely!! I promise. You know why? because if YOU ask me what my name is every day then you obviously have a bit of a mental problem (either slow in the brain or just forgetful as many of us are) so why shouldn't I help you , it's not your fault for being that way, I'm not better than you, why shouldn't I help you? Now, if different people come and ask me for my name then I will know they were not around when you asked me for it so they didn't hear it. You have a ton of new people who just found this place or are just registering. Not everyone on here is desi and not all desis are computer people and not everyone thinks forum/search forum/search google/then post like you and not everyone has your awesome computer skills. yes, knowing your way around the internetz is almost universal in this day and age but not many can do a successful search (trust me, you'd be surprised) You have to be patient. Would your ghandi be this way? We're your people. Different nationality, same situation. Be patient. It's good karma and you need it, considering you're here.
meridiani.planum
11-26 02:57 AM
Hello Friends,
I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
yes you can. Since your PD indicates your LC is >365 days old.
new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.
I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
yes you can. Since your PD indicates your LC is >365 days old.
new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.
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lord_labaku
07-23 12:30 PM
In my experience, going to the airlines respective websites get you a similar deal. Try
Emirates
Lufthansa
singapore
malaysian
British
American
delta
continental
jet
etc...
Emirates
Lufthansa
singapore
malaysian
British
American
delta
continental
jet
etc...
more...
sagar_nyc
03-07 03:42 PM
I was with Company A. and had visa stamped for company A till Dec 2006. I switched from Company A to B in Nov 2004. and travelled to India in July 2005. Since I had a valid visa from company A, I didn't got it stamped with company B. Although I carried my transferred H-1 (Company B) and showed it to Immigration Officer upon arrival, which he was fine with.
Again This is not a legal advice. Please consult to lawyer before leaving.
Good Luck
Again This is not a legal advice. Please consult to lawyer before leaving.
Good Luck
apoojo
08-23 11:09 PM
I had a quick question to add to this....
If one is on F1 and his/her spouse (who is on H1B and has filed for a Green Card) ends up with a current priority date, can the person on F1 file for the Green Card along with the spouse? Or does one have to be on H4 to ride along with the H1's COS?
Appreciate your response.
If one is on F1 and his/her spouse (who is on H1B and has filed for a Green Card) ends up with a current priority date, can the person on F1 file for the Green Card along with the spouse? Or does one have to be on H4 to ride along with the H1's COS?
Appreciate your response.
more...
maddipati1
11-20 07:02 PM
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
hari,
did your lawyer told you that u can go out of US while AP is still pending?
Krishna is correct. read the I-131 instructions carefully.
i am in the same boat. waiting for AP and trip planned with tight schedule.
hari,
did your lawyer told you that u can go out of US while AP is still pending?
Krishna is correct. read the I-131 instructions carefully.
i am in the same boat. waiting for AP and trip planned with tight schedule.
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snathan
02-21 12:43 PM
Thanks snathan. Can you please point me to a link that lists down the conditions needed to satisfy EB1/EB2/EB3. The link provide by samuel5028 is not working.
Thanks
IAspire
http://immigrationvoice.org/wiki/index.php/Main_Page
IV is trying to eliminate the backlog and reduce the wait time for the EB2 and EB3. There is a lobby day arranged on Apr 4 & 5 DC. Please join the advocacy if possible. Otherwise you can donate money, air miles or hotel reward points for members who attending.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904645-advocacy-day-air-miles-carpooling-and-hosting-members-in-dc-3.html#post2357939
Thanks
IAspire
http://immigrationvoice.org/wiki/index.php/Main_Page
IV is trying to eliminate the backlog and reduce the wait time for the EB2 and EB3. There is a lobby day arranged on Apr 4 & 5 DC. Please join the advocacy if possible. Otherwise you can donate money, air miles or hotel reward points for members who attending.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904645-advocacy-day-air-miles-carpooling-and-hosting-members-in-dc-3.html#post2357939
more...
mohit7ul
07-13 02:10 AM
Hi Raysakat
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied) while she is on F1 or wold it lead to conflict in visa status? SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied) while she is on F1 or wold it lead to conflict in visa status? SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
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rsayed
08-20 09:16 PM
only word for this is RIDICULOUS.....
Pathetic - Back in India (and the Indian Consulates here in the US) - they play with our paper-work - right from when I remember - it's been one story after another...it's really frustrating.
By the time we finally get our GCs', the drive, focus and amibition - all of it will be gone...
Pathetic - Back in India (and the Indian Consulates here in the US) - they play with our paper-work - right from when I remember - it's been one story after another...it's really frustrating.
By the time we finally get our GCs', the drive, focus and amibition - all of it will be gone...
more...
MatsP
March 24th, 2005, 05:59 AM
Thank Mats for your kind reply.
The problem is that I purchased the camera in Hong Kong few day ago and went back to my home country. I will not visit HK any time soon and the guarantee I received from the HK shop is not valid in any other country.
I have been told (since the last correspondence with alparsons above) that a common misshap with the D-100 is breaking the shutter glass/cover or mirror (I think) while attempting to attach a lense. I deeply hope that this is not the case since I will have to pay for it's repairment (3 days after spending about $1,400).
Any thoughts ?
Thanks.
David.
You should be able to see if the mirror is broken, misaligned or similar. Most cameras will actually function with the lens off. I don't know with the D100, but you could give that a try. Set it to manual and set the exposure to 30 seconds or something like that, and see if you can actually see something wrong in there.
I'm sure if you contact the shop, you could send the camera back for warranty work, assuming that shipping is less than the cost of repairs of course...
--
Mats
The problem is that I purchased the camera in Hong Kong few day ago and went back to my home country. I will not visit HK any time soon and the guarantee I received from the HK shop is not valid in any other country.
I have been told (since the last correspondence with alparsons above) that a common misshap with the D-100 is breaking the shutter glass/cover or mirror (I think) while attempting to attach a lense. I deeply hope that this is not the case since I will have to pay for it's repairment (3 days after spending about $1,400).
Any thoughts ?
Thanks.
David.
You should be able to see if the mirror is broken, misaligned or similar. Most cameras will actually function with the lens off. I don't know with the D100, but you could give that a try. Set it to manual and set the exposure to 30 seconds or something like that, and see if you can actually see something wrong in there.
I'm sure if you contact the shop, you could send the camera back for warranty work, assuming that shipping is less than the cost of repairs of course...
--
Mats
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mmk123
02-20 05:50 PM
There are 2 kinds of people in the world -
one who think that others (other people or government) is responsible for their current state and others are the ones who are willing to introspect, make appropriate changes and then succeed. Even a dumb (read "") can figure where they belong to.
An itchy dog needs to get himself rubbed against all possible objects so as to keep that itch in control. These websites are such places where these people go to satisfy their itch. Even the owners of these itchy dogs desert them (read "their god-father politicians") when they start doing this. Do you think, people like us, who are busy with their daily interesting work, family have time to look at them?
Look, the option is with us which is NOT to look at these stupid websites. None is forcing you to see these websites. So no point in complaining about them. First amendment rights for stupid is like a cigar in the hand of drunk monkey in california jungles (and we keep searching where these wild fires come from?).. so better neglect them and focus on our goal.
We are surely going to reach our goal, no matter what these stupid people say... if you think hard then you will realize then the life's goal is much beyond simply getting EB GC...
one who think that others (other people or government) is responsible for their current state and others are the ones who are willing to introspect, make appropriate changes and then succeed. Even a dumb (read "") can figure where they belong to.
An itchy dog needs to get himself rubbed against all possible objects so as to keep that itch in control. These websites are such places where these people go to satisfy their itch. Even the owners of these itchy dogs desert them (read "their god-father politicians") when they start doing this. Do you think, people like us, who are busy with their daily interesting work, family have time to look at them?
Look, the option is with us which is NOT to look at these stupid websites. None is forcing you to see these websites. So no point in complaining about them. First amendment rights for stupid is like a cigar in the hand of drunk monkey in california jungles (and we keep searching where these wild fires come from?).. so better neglect them and focus on our goal.
We are surely going to reach our goal, no matter what these stupid people say... if you think hard then you will realize then the life's goal is much beyond simply getting EB GC...
more...
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arnet
09-14 07:58 PM
IV: humble request.....please post the conference call date in advance, atleast 2 days, so that many people can attend it.
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roseball
12-27 06:17 PM
I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
You do NOT need a new VISA stamp as long as you have a valid/unexpired VISA stamp from your previous employer. However, you should carry the original H1 approval along with recent paystubs and make sure to tell the officer that you have changed employers and show the IO the new approved I797C before he stamps and gives you the new I-94. If you do not show the approved I797C from the current employer, then you will be treated as working illegally for your new/current employer because the IO will issue you an I-94 with Old employer information filled in the system. Your new I-94 should be valid till the validity of your new I797C.
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
You do NOT need a new VISA stamp as long as you have a valid/unexpired VISA stamp from your previous employer. However, you should carry the original H1 approval along with recent paystubs and make sure to tell the officer that you have changed employers and show the IO the new approved I797C before he stamps and gives you the new I-94. If you do not show the approved I797C from the current employer, then you will be treated as working illegally for your new/current employer because the IO will issue you an I-94 with Old employer information filled in the system. Your new I-94 should be valid till the validity of your new I797C.
more...
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CaliHoneB
01-12 05:14 PM
Thanks a bunch! I appreciate you replying to this. it certainly relieves some of my stress.
Cheers
I can understand your concerns. A few years back we had similar questions and concerns when my MIL travelled. She was old and had never travelled alone before. Could not speak any english either. We thought it was best for her to travel with wheelchair assistance and it worked good. She has travelled twice ( on lufthansa) with no issues.
One thing we did to help her was give a covering letter that she could present to the airline staff which would explain her needs if any while travelling. We also prepared and gave her several flash cards (one liners) written in both the local Indian language alongwith the English translation for her to communicate if she needs anything on the flight.
Non -verbal communication works well sometimes. It worked for us.
Cheers
I can understand your concerns. A few years back we had similar questions and concerns when my MIL travelled. She was old and had never travelled alone before. Could not speak any english either. We thought it was best for her to travel with wheelchair assistance and it worked good. She has travelled twice ( on lufthansa) with no issues.
One thing we did to help her was give a covering letter that she could present to the airline staff which would explain her needs if any while travelling. We also prepared and gave her several flash cards (one liners) written in both the local Indian language alongwith the English translation for her to communicate if she needs anything on the flight.
Non -verbal communication works well sometimes. It worked for us.
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fromnaija
11-17 11:48 AM
Hey arnet! I am having the same problem. I filed for EAD renewal and then I got my card the other day, but problem is they gave me the same expiration date w/c is Jan. 2007. I called the 1-800# 4 times the day after I got my new card to let them know of the error. I never felt so disappointed and frustrated in my whole life! The first 3 representative I spoke could not tell me anything but "sorry we can't do anything about that". One of them even told me to go to the USCIS where I had my biometrics taken.. and that was 5 hours drive from where I live. I was so pissed. Then I tried to call again that same day just to see if there's anyone in their customer service who has some sense to tell me. And luckily a lady answered and she told me to fill out another I-767 form and send it to the service center who approved my case without the filing fee. That is if it's their fault, they're going to waive the fee.
The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.
I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:
This is one good reason I support the person who posted on another thread that one keeps status in H1B and not work with EAD. I an not trying to justify the USCIS mess up but if you have the option to keep extending H1 until you get GC, please do so.
The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.
I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:
This is one good reason I support the person who posted on another thread that one keeps status in H1B and not work with EAD. I an not trying to justify the USCIS mess up but if you have the option to keep extending H1 until you get GC, please do so.
more...
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go_getter007
01-17 03:19 AM
I relocated 2 years ago after spending more than a decade in the US. My choice was my hometown (not a Metro) due to a number of reasons - one of them was availability of jobs in my area of interest/expertise (which is business/management).
From a quality of life (decent personal life beyond work, imho) perspective, tier B cities make sense. However, real estate prices are soaring everywhere. So, it is advisable to buy while you are still earning in Dollars - it worked out well in my case since I knew where I was going to settle.
As far as education is concerned, you also have schools with IB curriculum in addition to CBSE, ICSE and State boards - even in tier B cities. Pre-K is costly but again not out of reach for most. If kids are still young, they will be able to adjust much faster. IB is perceived to be less rigorous than other boards - but I believe kids should be able to cope up with whatever board you choose.
Overall, reality on the ground here much better than what we imagine sitting there.
Hope it helps. Good luck.
GG_007
Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...
When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)
I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....
so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....
We have 2 kids...one 6 years and the younger one ...one year....
How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?
I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)
Thoughts friends ?
I am in the software industry (Business Inteligence)
From a quality of life (decent personal life beyond work, imho) perspective, tier B cities make sense. However, real estate prices are soaring everywhere. So, it is advisable to buy while you are still earning in Dollars - it worked out well in my case since I knew where I was going to settle.
As far as education is concerned, you also have schools with IB curriculum in addition to CBSE, ICSE and State boards - even in tier B cities. Pre-K is costly but again not out of reach for most. If kids are still young, they will be able to adjust much faster. IB is perceived to be less rigorous than other boards - but I believe kids should be able to cope up with whatever board you choose.
Overall, reality on the ground here much better than what we imagine sitting there.
Hope it helps. Good luck.
GG_007
Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...
When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)
I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....
so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....
We have 2 kids...one 6 years and the younger one ...one year....
How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?
I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)
Thoughts friends ?
I am in the software industry (Business Inteligence)
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eastindia
09-09 10:23 AM
Very good question. Depends on how one defines "Active":D
Some people can be awake while sleeping and some people can be sleeping while they are awake.
The question is are you awake or asleep? and what are you doing other than posting on IV for IV? :D
Some people can be awake while sleeping and some people can be sleeping while they are awake.
The question is are you awake or asleep? and what are you doing other than posting on IV for IV? :D
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chansek
07-21 11:33 PM
Hi,
Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
loveiv
06-18 05:11 PM
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
This is exactly what I did in the past and my desi employer could not do anything because I never signed anywhere, it was between him and the vendor.
I think you should be fine.
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
This is exactly what I did in the past and my desi employer could not do anything because I never signed anywhere, it was between him and the vendor.
I think you should be fine.
thomachan72
09-07 11:30 AM
Do you have a valid AP?
If not, how is it possible to enter the country?
It seems to be a complicated situation. What status are you in now? Dont you have an AP/EAD? Is it expired? Please provide more details here and also if you obtain any legal advice post that here also so that others know.
If not, how is it possible to enter the country?
It seems to be a complicated situation. What status are you in now? Dont you have an AP/EAD? Is it expired? Please provide more details here and also if you obtain any legal advice post that here also so that others know.
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