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  • I think we all agree that H1B visa needs reform. But reform has to stop the abuse of the system, not break the system itself.

    1. How can we ever defend a reform that prevents H1B holder from performong services for another client? Does that mean Deloitte, IBM, BCG, Mckenzie et.al. will not be able to employ any foreign national any more?

    2. How can we mandate that someone, who might have their labor and 140 approved, has to go through a certification process to renew H1 for the same job?

    These are some of the many things wrong with this bill. If Senator Durbin wants to really make "American workers first; H1B abuse limited" work, he might attempt to do the following:

    1. Free up the system such that a temporary worker can certify himself/herself for a job position for a few years (aka EAD for 3 years without being tied to an employer). The employer has to pay the same prevailing wage etc.

    2. Do not abuse the worker by asking him/her to pay for Social Security and Medicare when you call him "temporary" worker. H1B workers should be exempt from such taxes till they file 485 (Adjustment of status).

    And there are many more that I can think of that makes sense. Hope we, as a group, can prevail upon the good sense of the U.S. congress and pass meaningful reform, not a hogwash.





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  • Obama Recasts Border Issue (http://online.wsj.com/article/SB10001424052748703730804576315531789204212.html) By Laura Meckler | Wall Street Journal

    President Barack Obama on Tuesday tried a new tack on immigration, saying that beefed-up security along the U.S.-Mexico border has proved effective enough that it should draw Republican support for an overhaul of the nation's naturalization system.

    Mr. Obama said his administration had met the concerns of Republicans by increasing law-enforcement manpower to record levels and installing new surveillance technology and fencing.

    "We have strengthened border security beyond what many believed was possible," he said at the Chamizal National Memorial, as a giant Mexican flag waved across the Rio Grande river.

    The president cited several statistics to back up his assertion of tightened borders, including a nearly 40% decrease in arrests at the border, to about 463,000 in 2010. The administration says that is a sign that fewer people are attempting to illegally cross from Mexico.

    Mr. Obama didn't mention that deportations hit record levels last year�a trend that has drawn fire from some Hispanic advocates.
    The speech was aimed in part at reassuring voters who are worried about border security, and in part at renewing support among Hispanic voters he needs to boost his re-election campaign, particularly in Rocky Mountain states.

    He offered no new policy proposals Tuesday, and set no timetable for legislation. Instead, he called for those who support his proposals to build pressure for congressional action from outside Washington.

    The president said the new border-control measures will prevent another wave of illegal immigrants from flowing into the country if those already here are allowed to stay.

    Some prominent unions including the AFL-CIO have opposed immigration legislation in the past, concerned that new arrivals would pose competition for their members. Senators trying to craft an overhaul have said one of the obstacles has been coming up with a guest-worker program unions and business can support.

    Mr. Obama's legislative goals haven't changed since he spoke on immigration last summer, including a path to citizenship for the 10.8 million people already in the U.S. illegally, a program many Republicans oppose as a reward for lawbreaking. Mr. Obama also supports a guest-worker program and making it easier for foreign students educated in the U.S. to stay.

    There is virtually no GOP support in Congress for the legislation Mr. Obama wants, though some Republicans have embraced these ideas in the past.
    Mr. Obama predicted that no matter what he does, some Republican foes of his approach will demand more. "Maybe they'll need a moat," he said. "Maybe they'll want alligators in the moat."

    Arizona Republican Sens. John McCain and Jon Kyl have crafted a $4 billion, 10-point plan that calls for double fencing where there is now single fencing and another 5,000 Border Patrol agents, on top of the 20,700 now in place.

    "We hear from our constituents on a daily basis, and, while some progress has been made in some areas, they do not believe the border is secure," Messrs. McCain and Kyl said in a statement Tuesday.

    They also pointed to a Government Accountability Office report that found the U.S. has "operational control" of 44% of the Southwest border with Mexico, meaning it has the ability to detect, respond and interdict illegal activity.The administration says that isn't a good measure and officials are working on a better one.

    Republicans face pressure within their party to keep the focus on tougher immigration enforcement. But some GOP leaders say the party also needs to improve its standing with Hispanics, the fastest-growing voter group in the U.S.

    But the president faces skepticism even from supporters heading into this latest push.

    "The moment to use pressure is gone. You missed it. The train left the station," said Rep. Luis Gutierrez (D., Ill.). "I want to be honest with my constituents and with the American people. I don't want to rev them up for something that doesn't have any possibilities of success."


    President Obama at the Border (http://www.nytimes.com/2011/05/11/opinion/11wed1.html) New York Times Editorial
    A Question of Decency (http://www.tnr.com/article/politics/magazine/87878/immigration-reform-dream-act-border-security) The New Republic Editorial
    Immigration reform and border security: Obama's standards (http://www.csmonitor.com/Commentary/the-monitors-view/2011/0510/Immigration-reform-and-border-security-Obama-s-standards) The Christian Science Monitor Editorial
    Hideously diverse Britain: a passage from India (http://www.guardian.co.uk/uk/2011/may/10/hideously-diverse-britain-passage-india) By Hugh Muir | Guardian
    Britain's got (foreign) talent (http://www.economist.com/node/18648783) The Economist
    The Dark Night of Islam
    The revolutionary events shaking the Islamic world will not change an intolerant and obscurantist culture (http://www.nationalreview.com/articles/266778/dark-night-islam-michael-knox-beran)
    By Michael Knox Beran | National Review
    Obama�s border visit renews focus on immigration policy (http://www.washingtonpost.com/politics/obamas-border-visit-renews-focus-on-immigration-policy/2011/05/09/AF7cPMcG_story.html) By Peter Wallsten and Perry Bacon Jr. | The Washington Post
    New Call in Albany to Quit U.S. Immigration Program (http://www.nytimes.com/2011/05/10/nyregion/albany-lawmakers-protest-giving-immigrant-data-to-us.html) By KIRK SEMPLE | New York Times
    Obama�s El Paso coup (http://www.washingtonpost.com/blogs/post-partisan/post/obamas-el-paso-coup/2011/05/10/AFaBXOjG_blog.html) By Lee Hockstader | The Washington Post
    In Border City Talk, Obama Urges G.O.P. to Help Overhaul Immigration Law (http://www.nytimes.com/2011/05/11/us/politics/11obama.html) By JACKIE CALMES | New York Times
    Securing the border with semantics (http://www.washingtontimes.com/news/2011/may/10/securing-the-border-with-semantics/) The Washington Times Editorial
    The Immigration Paradox (http://nationaljournal.com/politics/the-immigration-paradox-20110511) By Ron Brownstein | National Journal
    The demographic politics of immigration (http://www.economist.com/blogs/democracyinamerica/2011/05/immigration_reform_0) The Economist
    Moving away from the border (http://www.economist.com/blogs/democracyinamerica/2011/05/immigration_reform) The Economist





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  • Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.

    I am a EB2 - I filer (This is my third EB2- 1st on 2001, 2nd on 2002 and finally I got settled with my third EB2 (2004) and employer)

    I was lucky that all my employers were understands that I am EB2 plus the job description warranted for EB2, But in many EB3 cases they were exploited by attorneys and employers and it is very unfair

    It�s my opinion, I am sure that you will differ on mine, that is ok,





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  • Yes, we are all in trouble because of consultants. Nice attitude.

    I can say that I am in trouble because of everyone else in the queue of 500,000 highly skilled H1 and L1 people waiting for GC. Everyone else other than me and my family is causing trouble for me.

    If all others in the queue were to vanish or die somehow,my PD would become current and I can file for 485.

    Isnt that the attitude of IEEE-USA. We are in trouble because of competition from Indian and Chinese professionals.

    They have a problem with Indian and Chinese engineers whether they come here, or dont come here. They have problem with H1B, they have a problem if they dont come here and merely work on jobs in India and China that are outsourced from here to there.

    Just like IEEE-USA has problem with existence of competition, you have problem with the existence of consultants because that sub-community within this community is also asking for Greencards. And your solution is to eliminate competition.

    Consultants can say the same thing...that we are in trouble because of these perm-fulltime jobs holders who stick to one job for 10 years and we have a problem with that.

    How can you justify, with reasonable objective arguments that perm-fulltime jobs holders should be ahead of the queue from consultants and they are more deserving candidates for Greencard than consultants? I am not a consultant myself but I'd like to hear your reasoning behind this. Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.

    I have worked in both capacities, as consultant and as FT. I did FT for 5 years and got fired and moved to consulting and am doing good here. So I am kinda balanced on this issue.
    It is no one's fault. We all followed the system properly and did not break any law. So it does not make sense to blame felllow immigrants.





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  • It is time for IV to do its job by letting the truth out. The claim that H1Bs do not pay any taxes are outrageous. They should know that H1Bs pay all the tax but do not enjoy the benefits, e.g., when they get laid off, they have to leave the coutry right away without getting a penny of unemployment benefits. They will not get the social socurity benefits if they do not work in the U.S. for at least 10 years while their visas only allow them to work 6 years in a row. Such unfairness can go on and on...:mad:





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  • I'm not from PERM. I got my labor approved the old way. In any case, this is far different from your own wording in the petition which implies *DOL* suggested that you apply in EB3. From you own post what happened was DOL rejected EB2 application and then the applicant re-applied in EB3. The very fact that PD could not be ported among the two applications shows that these two application were completely unrelated which again goes against your petition's stand there is no real difference between most of those stuck in EB3 backlog and EB2.

    I'm neither trying to split hairs here nor trying to pick a fight with you. All I'm trying to say if you are planning to send hundreds of petitions to government agencies like DOL and USCIS they better be factual and accurate or else we may end up inviting more troubles unintentionally. That's why the title "Devil is in the details"!

    Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..

    we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..

    :)





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  • Democrats Should Read Kipling (http://www.nytimes.com/2008/02/18/opinion/18kristol.html?ref=opinion) By WILLIAM KRISTOL | NYT, Feb 18

    Browsing through a used-book store Friday � in the Milwaukee airport, of all places � I came across a 1981 paperback collection of George Orwell�s essays. That�s how I happened to reread his 1942 essay on Rudyard Kipling. Given Orwell�s perpetual ability to elucidate, one shouldn�t be surprised that its argument would shed light� or so it seems to me � on contemporary American politics.

    Orwell offers a highly qualified appreciation of the then (and still) politically incorrect Kipling. He insists that one must admit that Kipling is �morally insensitive and aesthetically disgusting.� Still, he says, Kipling �survives while the refined people who have sniggered at him seem to wear so badly.� One reason for this is that Kipling �identified himself with the ruling power and not with the opposition.�

    �In a gifted writer,� Orwell remarks, �this seems to us strange and even disgusting, but it did have the advantage of giving Kipling a certain grip on reality.� Kipling �at least tried to imagine what action and responsibility are like.� For, Orwell explains, �The ruling power is always faced with the question, �In such and such circumstances, what would you do?�, whereas the opposition is not obliged to take responsibility or make any real decisions.� Furthermore, �where it is a permanent and pensioned opposition, as in England, the quality of its thought deteriorates accordingly.�

    If I may vulgarize the implications of Orwell�s argument a bit: substitute Republicans for Kipling and Democrats for the opposition, and you have a good synopsis of the current state of American politics.

    Having controlled the executive branch for 28 of the last 40 years, Republicans tend to think of themselves as the governing party � with some of the arrogance and narrowness that implies, but also with a sense of real-world responsibility. Many Democrats, on the other hand, no longer even try to imagine what action and responsibility are like. They do, however, enjoy the support of many refined people who snigger at the sometimes inept and ungraceful ways of the Republicans. (And, if I may say so, the quality of thought of the Democrats� academic and media supporters � a permanent and, as it were, pensioned opposition � seems to me to have deteriorated as Orwell would have predicted.)

    The Democrats won control of Congress in November 2006, thanks in large part to President Bush�s failures in Iraq. Then they spent the next year seeking to ensure that he couldn�t turn those failures around. Democrats were �against� the war and the surge. That was the sum and substance of their policy. They refused to acknowledge changing facts on the ground, or to debate the real consequences of withdrawal and defeat. It was, they apparently thought, the Bush administration, not America, that would lose. The 2007 Congressional Democrats showed what it means to be an opposition party that takes no responsibility for the consequences of the choices involved in governing.

    So it continues in 2008. The director of the Central Intelligence Agency, Gen. Michael Hayden, the director of national intelligence, the retired Vice Admiral Mike McConnell, and the attorney general, the former federal judge Michael Mukasey, are highly respected and nonpolitical officials with little in the way of partisanship or ideology in their backgrounds. They have all testified, under oath, that in their judgments, certain legal arrangements regarding surveillance abilities are important to our national security.

    Not all Democrats have refused to listen. In the Senate, Jay Rockefeller, chairman of the Intelligence Committee, took seriously the job of updating the Foreign Intelligence Surveillance Act in light of technological changes and court decisions. His committee produced an impressive report, and, by a vote of 13 to 2, sent legislation to the floor that would have preserved the government�s ability to listen to foreign phone calls and read foreign e-mail that passed through switching points in the United States. The full Senate passed the legislation easily � with a majority of Democrats voting against, and Senators Obama and Clinton indicating their opposition from the campaign trail.

    But the Democratic House leadership balked � particularly at the notion of protecting from lawsuits companies that had cooperated with the government in surveillance efforts after Sept. 11. Director McConnell repeatedly explained that such private-sector cooperation is critical to antiterror efforts, in surveillance and other areas, and that it requires the assurance of immunity. �Your country is at risk if we can�t get the private sector to help us, and that is atrophying all the time,� he said. But for the House Democrats, sticking it to the phone companies � and to the Bush administration � seemed to outweigh erring on the side of safety in defending the country.

    To govern is to choose, a Democrat of an earlier generation, John F. Kennedy, famously remarked. Is this generation of Democrats capable of governing?


    An Old Hand Goads Democrats to Get Tough on Ethics (http://www.washingtonpost.com/wp-dyn/content/article/2008/02/20/AR2008022002831.html?hpid=sec-politics) By Mary Ann Akers And Paul Kane | WP, Feb 21





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  • It's really too early to pass judgements What will happen if he comes?
    It's sheer poilitics .Immigration discussion is a hot importat topic before election.They can't take chances by supporting this,They have to consider their members first.DEMS major leap after 10 years break.It is going to be good for everyone.

    After election is the main chapter.DOL has already agreed they have wasted visas as per OH Law breaking news recently.

    Be positive that 2009 will help us all.This negative statement will misdirect our thought.We have our EAD ,Atleast thanks for the Fiasco,we filed out 485.

    It's only the visa numbers...if not 1 year,it will be on the road by two years.Cheer up...I myself have negative feelings what will happen to my family future here.I just talk to myself,Whether I have to apply for Canadian PR for back up.It sure does kill our minds.

    Cheer up...We all will be safe by 2009.It will move faster.

    EB3 I 2004 Jul.





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  • We are looking to buy a house and the bank is asking us to put down 10%. How much money is considered safe to have after down-payment if we are buying a home. I know it depends on the situation, but I would like some estimates/ball-park figures.

    Banks are asking 5% down payment and 10% if the real estate market in that area is not currently stable.

    If you are a first time buyer, you will have several other costs to foot such as

    Closing costs
    Moving costs
    Apt lease breakage (if applicable)
    Initial basic furnishings at home that cannot wait

    Plan for all this, and in general it s advisable to have some money squirreled away to pay bills during emergency situations such as layoffs. Since you have already decided to buy a home, the one thing I would tell you *not* to worry about for now is selling the home.





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  • Thanks!

    The outstanding questions, i guess, are:

    They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?
    One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....

    the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?

    i would be surprised if they went over the country cap- they have treated that as religion of late.

    the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?





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  • I am sorry, the housing will fall by 99K every year and not 100K. So you can predict how much the housing will fall and not us. If you can predict that housing will not fall down why shouldn't I. 100K is just a round figure. It can be 60K or 160K per year.
    You asked for which fruit picker. Here is one---
    ---------------------------
    "Despite making only $14,000 a year, strawberry picker Alberto Ramirez managed to buy his own slice of the American Dream. But his Hollister home came with a hefty price tag - $720,000.

    A year and a half later, Ramirez has defaulted on his loan, and he's hoping to sell the house before it's repossessed. And according to many housing advocates and civil rights groups, Ramirez is not alone. As mortgage foreclosures rise, many minorities are suffering.

    Brown said the language barrier (Ramirez, a native Spanish speaker, is not fluent in English, and spoke to the Free Lance through a translator) can also play a big role.

    "When you go into Washington Mutual ... you can't always get someone to speak your language," she said.

    "The real estate boom covered a multitude of sins," Simmons said. "Once the market started depreciating, the rug was pulled back to show the rot underneath.""
    -------------------------------

    Read my previous post. You have insulted every member by comparing their intelligence with someone who was so dumb enough to buy something beyond his reach. BTW thanks for taking the pain to google out the fruit picker�s story. This is my last post for you guys. You go ahead and discourage people while I will take some rest in my house.





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  • Law cannot be done to put restrictions only for new H1bs. They will put restrictions for any H1b for new H1b and also transfers. But if it applies to H1b extensions also then everyone are in trouble. But bill tells that all the hires of H1b. That means H1b extensions are not new hires for a company. So it should not be applicable.

    I knew that something of this kind is going to happen after seeing the first day H1b rush.This is extreme exploitation of the system and Govt has to take some steps atleast to show people that it is trying to take some action. If they are not going to take some kind of measures to curb this, even after (if at all) they increase H1b visas next year .... the same thing might repeat.

    I am one of those waiting to win the H1b lottery. But please can anyone clarify this one point

    ---This applies to all the applications filed after the enactment of this bill.

    So how is it going to effect the current H1b consultants?

    Thanks

    Amul





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  • I agree with all the posters here. I also went ahead and bought the house while on H1B. Me and my family are really happy with our decision.

    I got 100% loan (80-20) with no PMI. both 30yrs fixed. You can try with Mortgage agents who would do better deal initially and may transfer loan to big companies later. I got it at 5.7% first and 7% second last year.
    Best of luck on your new Home(Lifestyle)!





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  • I beleive that Obama will be good for the GC process. Reason being his policies will trigger off the process to expedite the pending GC's and reduce if not eliminate completely the retrogression.

    One of his policies will be to expand invetstment in the U.S and tax companies that take work away, this will require techincal talent in the U.S, for which they would have to expedite the GC process or at least make sure that the process is more transparent and expedited promptly (for employment based)





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  • Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.

    So an employer cheating him into applying in EB3 is an honest way?





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  • don't think the rent will be much lower than paying the mortgage, it is true atleast in the city where I live. For example: If I am paying a mortgage of $1200 and the rental of an equivalent is $ 900, the $300 difference you get back in tax refund at the end of the year. So why pay rent when I can buy a house and do whatever I want to with it ?

    Where I live, the median house price is 200,000. I bought a house which is lower than the median and when the market was on the downward trend (september 2006). If you look at the post I quoted, you would notice that I am not subscribing to the crazies who bought houses with the example dollar amounts you gave. If you know your limits and do 2 hours of internet research, then the person probably will make a much better decision. The information and warning signs were there everywhere starting 2005, if people chose to ignore and got burned then shame on them.

    You are right. As I mentioned in my other post buying makes sense if Rent and mortgage are comparable. I would do the same when mortgages and rents come in line in my area.
    With the ratio of rent/mortgage you mentioned, it makes perfect sense to buy.





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  • We are going to write the letter to DOS. All of us in EB3, request IV to step up the efforts to solve EB3 visa problem. EB2 has already advanced to 2006. We are happy for them. EB3 is still in 2001 . Nothing can be more serious than this. IV's concentrated efforts (Meeting with DOS or other authorities) in this situation will be highly admired, at this time when it's needed the most. Thanks in Advance.





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  • After going through this post
    I checked my I 94 last entered in 2006 it has different number than other I 94
    I am working with only one company since 2004
    They wrote company name src number correct on I 94
    but number is not same as the one on I 797 bottom totally different

    should i get it corrected ? How





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  • I never thought online poker would get outlawed in USA. See this.
    http://www.usatoday.com/tech/2006-10-02-internet-gambling-usat_x.htm

    So, forgive me for not feeling comfortable when people tell me that they think a certain law will not pass.

    This is the same breed of people who authorized the Iraq war. If that disaster had not happened, maybe they could have debated other issues, and we would have had some immigration reform by now.

    So, what should be do about this?

    There are many big companies that depend completely on consultants for their software projects. Example Sony, Boeing... If this applies to existing H1bs then their projects will suffer a great loss.

    ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.

    I don't think this bill is going pass successfully.





    How does a media person whose objective is to get good rating and keep the show on air for as long as he could matter for our goals?

    Can we find something else to talk about?





    Kudlow and company are airing a debate on Lou Dobbs Goofy economics and skewed numbers at 5pm eastern time.



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