sammyb
02-14 09:49 AM
Team IV,
Good job ... I do recurring contribution and will do $100 for the DC Day :)...
Good job ... I do recurring contribution and will do $100 for the DC Day :)...
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acecupid
07-03 01:30 PM
Admins this a great concept to protest, how about making this thread sticky. This protest can continue for weeks.
eb3_nepa
05-04 04:28 PM
Guys
These discussions about what you and i think about whether Bs or Ms is more important is totally pointless. First off this bill has yet to be brought up for discussion. Secondly any bill bringing any relief is good at this point in time.
We are arguing and debating endlessly about a bill that may never even see daylight. I think the more important thing to do is, try and get this bill to be brought up for discussion.
Simple example. If there are 20 people in the queue ahead of u and a the shopkeeper opens another fresh queue, whether ur part of queue 1 or queue 2 ur still looking at a smaller queue. Who is to say which queue will be longer? Do we have any stats that say out of the 300,000 legals waiting how may have and have not an advanced degree. For all you know the queue with Just the bachelors may end up being shorter. I am sure a LOT of us just on IV have come here on F1 and then went on to get H1s.
Lastly i have a question about SKIL. When you say people with advanced degrees will not be counted against the quota, what EXACTLY does that mean? Does it mean that ppl with advanced degrees who have Not been able to apply for 485 can now apply regardless of PD? OR does it mean that the PD still applies but people who have applied will move quicker as they are not counted against the quota?
These discussions about what you and i think about whether Bs or Ms is more important is totally pointless. First off this bill has yet to be brought up for discussion. Secondly any bill bringing any relief is good at this point in time.
We are arguing and debating endlessly about a bill that may never even see daylight. I think the more important thing to do is, try and get this bill to be brought up for discussion.
Simple example. If there are 20 people in the queue ahead of u and a the shopkeeper opens another fresh queue, whether ur part of queue 1 or queue 2 ur still looking at a smaller queue. Who is to say which queue will be longer? Do we have any stats that say out of the 300,000 legals waiting how may have and have not an advanced degree. For all you know the queue with Just the bachelors may end up being shorter. I am sure a LOT of us just on IV have come here on F1 and then went on to get H1s.
Lastly i have a question about SKIL. When you say people with advanced degrees will not be counted against the quota, what EXACTLY does that mean? Does it mean that ppl with advanced degrees who have Not been able to apply for 485 can now apply regardless of PD? OR does it mean that the PD still applies but people who have applied will move quicker as they are not counted against the quota?
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amsgc
08-25 12:47 AM
gc28262,
The issue is not with desi consultants. It is with those companies who game the system and take advantage of workers from India. If you believe that the petition filed by your company is legit, then it is all good - you will never have to worry about any audit or RFE.
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
Here are some of the red dot comments I recieved for my early posts. Not that I care about red dots.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
The issue is not with desi consultants. It is with those companies who game the system and take advantage of workers from India. If you believe that the petition filed by your company is legit, then it is all good - you will never have to worry about any audit or RFE.
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
Here are some of the red dot comments I recieved for my early posts. Not that I care about red dots.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
more...
Macaca
07-09 12:54 PM
Adjustment Of Status (AOS) Application Submission Laws
An AOS application can be submitted if an immigrant visa # is immediately available at the time of filing the application.
An immigrant visa is considered available for accepting and processing AOS application if
the preference category applicant has a priority date on the waiting list which is earlier than the date shown in VB (or the VB shows that numbers for visa applicants in his or her category are current), and
(if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved.
The Visa Office (VO) subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”
For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
The Department shall limit the number of immigrant visas that may be issued and the number of AOS that may be granted to aliens subject to these numerical limitations to a number:
Not to exceed 27 percent of the world-wide total made available under INA 203 (a), (b) and (c) in any of the first three quarters of any fiscal year; and
Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
How were the above laws followed in the following cases (which may not be a complete list)
Oct 1 2005 & Oct 1 2006 when .27 * 140K = 37,800 #s available but ALL AOSs were not submittable.
May 14 (??) when 60K #s were available but many more AOSs were submittable and were submitted from June 1-30.
June 12 when < 37,800 #s were available but ALL AOSs were submittable.
July 2 when 0 #s were available and ANY AOS was not submittable.
Months in 2005, 2006 and 2007 when ALL AOSs were not submittable.
Months in 2005 and 2006 when ANY AOS was not submittable.
10,296 GCs were returned on Sept 20 2006 but some (ALL??) AOSs were not submittable.
An AOS application can be submitted if an immigrant visa # is immediately available at the time of filing the application.
An immigrant visa is considered available for accepting and processing AOS application if
the preference category applicant has a priority date on the waiting list which is earlier than the date shown in VB (or the VB shows that numbers for visa applicants in his or her category are current), and
(if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved.
The Visa Office (VO) subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”
For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
The Department shall limit the number of immigrant visas that may be issued and the number of AOS that may be granted to aliens subject to these numerical limitations to a number:
Not to exceed 27 percent of the world-wide total made available under INA 203 (a), (b) and (c) in any of the first three quarters of any fiscal year; and
Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
How were the above laws followed in the following cases (which may not be a complete list)
Oct 1 2005 & Oct 1 2006 when .27 * 140K = 37,800 #s available but ALL AOSs were not submittable.
May 14 (??) when 60K #s were available but many more AOSs were submittable and were submitted from June 1-30.
June 12 when < 37,800 #s were available but ALL AOSs were submittable.
July 2 when 0 #s were available and ANY AOS was not submittable.
Months in 2005, 2006 and 2007 when ALL AOSs were not submittable.
Months in 2005 and 2006 when ANY AOS was not submittable.
10,296 GCs were returned on Sept 20 2006 but some (ALL??) AOSs were not submittable.
miapplicant
10-01 03:56 PM
WAC means CSC?? We applied on July 23rd at NSC and no news yet:(
more...
jsb
11-02 10:58 AM
Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
.
Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.
Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)
Bottomline is that there has to be at least one I-140 approved at some stage.
.
Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.
Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)
Bottomline is that there has to be at least one I-140 approved at some stage.
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glus
08-26 12:26 PM
Hi:
EAD applied 07/08/2008 - renewal -TSC
No Luds, no finger print notice, nothing....
Status: pending.
EB3.
EAD applied 07/08/2008 - renewal -TSC
No Luds, no finger print notice, nothing....
Status: pending.
EB3.
more...
apahilaj
01-06 08:38 PM
My infopass appointment was pretty quick. I guess it lasted for only 5 to 7 mins. I opened an SR in the month of September however I never received SR response letter from USCIS which they said they have sent me in the last week of October so I didn't have any SR letter to show him. I carried only receipts for 485,765 and 131 for myself and my wife. I asked IO that it's been more than 90 days since I received receipts for employment based 485 and haven't received FP yet. He asked me for Photo Id and receipts for myself and my wife. Then he asked whether I received work authorization (765) and travel document (131) or not. Then he entered our information (receipt no and confirmed my address as well as my attorney's address) and was searching something in his machine and said I will get my FP soon. I asked him is there any time line? He said within 3 weeks. That's it. He said they have received many applications in the month of July and Aug and that's why they are lagging. I guess this is it. I was out of USCIS office within 10 mins.
Thanks Parag, your post is helpful.
One quick question - I do not have original 485 receipts with me but have scanned copies of them which my lawyer has emailed me. If I print them out and take them to the infopass, is that sufficient or do they ask for the original receipts?
Thanks and good luck ahead!
Thanks Parag, your post is helpful.
One quick question - I do not have original 485 receipts with me but have scanned copies of them which my lawyer has emailed me. If I print them out and take them to the infopass, is that sufficient or do they ask for the original receipts?
Thanks and good luck ahead!
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Winner
11-18 08:53 AM
Did my part
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reddymjm
06-06 05:46 PM
The applications recrived at TEXAS on 1st JUN started receiving recepit notices. One of my friends checks got cleared today. :confused: As per my analysys nebraska had a 6 day lag till Jan 1st. Lets see.
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h1-b forever
08-31 09:35 AM
My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.
Congratulations mnkaushik?
How many such cases are with uscis? And what happens to the one you filed for yourself?
Congratulations mnkaushik?
How many such cases are with uscis? And what happens to the one you filed for yourself?
more...
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chanduy9
07-05 11:30 AM
This is a good idea - actually we could send flowers for cheap rates if we order it in bulk. Let me know who's in for this. We can open up a paypal account or use one of our own paypal account and start collecting funds and use it to send the flowers to the USCIS dept.
Any takers?
By the way - since I am in NOVA/DC, I can initiate some media coverage even if we can get some substantial number of people sending flowers.
Please don't look at the rate..or for any one...look at the impact, do it before it is tooo late.
Already bunch of people sent the flowers for JULY10TH. please stick to the same date.
http://immigrationvoice.org/forum/showthread.php?t=6029
Thanks,
Chandra.
Any takers?
By the way - since I am in NOVA/DC, I can initiate some media coverage even if we can get some substantial number of people sending flowers.
Please don't look at the rate..or for any one...look at the impact, do it before it is tooo late.
Already bunch of people sent the flowers for JULY10TH. please stick to the same date.
http://immigrationvoice.org/forum/showthread.php?t=6029
Thanks,
Chandra.
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Macaca
07-08 09:28 PM
Macaca:
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
My analysis is minimally, if at all, dependent on India, China, ROW, ...
Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.
In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
My analysis is minimally, if at all, dependent on India, China, ROW, ...
Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.
In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.
more...
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nozerd
05-04 07:32 AM
Khodalmd
Read carefully
Its says either
Masters degree or higher from US Univ
or
Masters in STEM with 3 yrs experience.
So Im interpreting it as - if you have Masters degree from US university it doesnt matter what field it is in.
However if you have Masters from a foreign Univ it has to be STEM and you must have 3 yrs exp.
They havent specified STEM for US Univ educated applicants
Read carefully
Its says either
Masters degree or higher from US Univ
or
Masters in STEM with 3 yrs experience.
So Im interpreting it as - if you have Masters degree from US university it doesnt matter what field it is in.
However if you have Masters from a foreign Univ it has to be STEM and you must have 3 yrs exp.
They havent specified STEM for US Univ educated applicants
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sankap
07-10 01:16 AM
Could you point to a USCIS/IRS resource for this info?
QUOTE=number30;486999]Problem with that argument once you own more than 5% of the company you will have file as investor. [/QUOTE]
QUOTE=number30;486999]Problem with that argument once you own more than 5% of the company you will have file as investor. [/QUOTE]
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jonty_11
04-10 02:36 PM
Thats what exactly I have been asking.
ANyone done landing and returned to US with AP....???
I have more or less given up on the Can PR.
ANyone done landing and returned to US with AP....???
I have more or less given up on the Can PR.
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vinabath
04-23 03:34 PM
any one who tells to be cautious is a desi employer or a silent partner. Any one wonder to ask the thread starter
why in the beginning he chose a desi employer and signed a non-compete clause?
why did not get his H-1 done with PF?
every one( desi employer and h-1b employee) have weaknesses and strong points.
H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.
I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.
I thought of starting a desi consulting firm and realised it is a lot of pain.
Desi employee
1. wants 80% and may be 90%
2. bare h-1 cost
3. bare gc cost
4. bare insurance cost
5. pay salary on time
6. pay umemp, ss taxes
in addition to the time employer has to spend time to do all the above tasks.
end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.
end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.
it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.
how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.
every knows how the game is played.
another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.
another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL
another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.
I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.
Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.
why in the beginning he chose a desi employer and signed a non-compete clause?
why did not get his H-1 done with PF?
every one( desi employer and h-1b employee) have weaknesses and strong points.
H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.
I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.
I thought of starting a desi consulting firm and realised it is a lot of pain.
Desi employee
1. wants 80% and may be 90%
2. bare h-1 cost
3. bare gc cost
4. bare insurance cost
5. pay salary on time
6. pay umemp, ss taxes
in addition to the time employer has to spend time to do all the above tasks.
end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.
end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.
it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.
how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.
every knows how the game is played.
another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.
another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL
another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.
I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.
Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.
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rangaswamy
07-06 05:24 PM
to generate more support, I live in Bay area and I am very willing to participate.but cant at such short notice. we need to generate some media awareness before we organize a rally so that we get coverage.. any idea who is organizing this?
Honestly i dont think any one person should "organize" it. If something goes wrong, then organizer will be held which is un-necessary trouble for some one wanting to do good!
Honestly i dont think any one person should "organize" it. If something goes wrong, then organizer will be held which is un-necessary trouble for some one wanting to do good!
eastindia
02-22 09:11 AM
Anyone still depressed?
Then come to lobby day in April or contribute money for it.
Then come to lobby day in April or contribute money for it.
Honda
09-09 10:30 PM
We want to do some thing for elimination of backlogs Especially for EB3 - India Else we wont see any more progress.
All EB3 people please share your thoughts to resolve this issue.
All EB3 people please share your thoughts to resolve this issue.
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