imconfused
07-08 08:03 PM
In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.
Congressman is absolutely worng. I hope they give such statements more and more and put their big foot into their even bigger mouth. once a h1/f1 etc visa has been issued to an individual, that individual has the right to be treated the same way as any other american till the time of his/her stay in the USA.
- This is my understanding and in no way a legal statement..
Congressman is absolutely worng. I hope they give such statements more and more and put their big foot into their even bigger mouth. once a h1/f1 etc visa has been issued to an individual, that individual has the right to be treated the same way as any other american till the time of his/her stay in the USA.
- This is my understanding and in no way a legal statement..
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gauravster
07-08 04:10 PM
What do you mean by "not allow them to work"? Actually AC-21 weaken the case you are mentioning. Since pending/approved I-140 allows extension of H-1 indefinitely, that alone takes your point away.
.
By does not allow to work, I meant, restricted in taking other oppurtunities that the person might be eligible to take. Even with AC-21, one is restricted to the field in which one originally applied for EB visa. Actually, because it is indefinite, it makes the case stronger that these people are here indefinitely and so should not be restricted in employment oppurtunities. Being for a temporary period, obviously one can be restricted any way, like say people on visitor visa not being allowed to work.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
.
By does not allow to work, I meant, restricted in taking other oppurtunities that the person might be eligible to take. Even with AC-21, one is restricted to the field in which one originally applied for EB visa. Actually, because it is indefinite, it makes the case stronger that these people are here indefinitely and so should not be restricted in employment oppurtunities. Being for a temporary period, obviously one can be restricted any way, like say people on visitor visa not being allowed to work.
When I was on H-1, that time one couldn't extend beyond 6 years, no matter what. Now, case is much different. There are so many working for the employer just on the basis of I-140 alone after 6 years of H1.
Unfair does not always mean illegal.
.
PD_Dec2002
07-07 09:44 PM
This is what my lawyer mailed us today (I have always had good service from him):
In my very initial thoughts, on July 2 and July 3, I believed the lawsuit had no chance; but in following this more closely and doing my own research, I think increasingly that the lawsuit has merit. USCIS and DOS appear to have violated various of its internal rules and arguably actual statutes and regulations in handling all this.
Not that I am holding my breath, but just wanted pass it on....
That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.
1. Will they make the July visa bulletin current again?
2. If not, will they allow everyone to file for EAD and AP?
3. If neither #1 nor #2, will there be any financial reimbursement?
Regards,
Jayant
In my very initial thoughts, on July 2 and July 3, I believed the lawsuit had no chance; but in following this more closely and doing my own research, I think increasingly that the lawsuit has merit. USCIS and DOS appear to have violated various of its internal rules and arguably actual statutes and regulations in handling all this.
Not that I am holding my breath, but just wanted pass it on....
That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.
1. Will they make the July visa bulletin current again?
2. If not, will they allow everyone to file for EAD and AP?
3. If neither #1 nor #2, will there be any financial reimbursement?
Regards,
Jayant
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Lisap
09-11 04:11 PM
Hi Lisap,
I got an email last night saying EAD card ordered on Sep8 which is a saturday.. This morning I got two emails again saying that same card was ordered on Sep 10. However this is the spouse's ead and I see the lud as 9/10 on 5 of our 485/ead/ap apps. However spouse AP (whose ead was ordered) still has 9/5. I don't understand y they approve one and take time for the other. I think their system has some issues...
Did ur case status say 'ordered' before you got the ead in mail?
Thanks.
No mine did not say that for myself or my husband. It just said approval notice sent. It still says the same thing it has never changed or been updated. It could be there system- who knows! I hope you get yours soon! Keep me updated.
I got an email last night saying EAD card ordered on Sep8 which is a saturday.. This morning I got two emails again saying that same card was ordered on Sep 10. However this is the spouse's ead and I see the lud as 9/10 on 5 of our 485/ead/ap apps. However spouse AP (whose ead was ordered) still has 9/5. I don't understand y they approve one and take time for the other. I think their system has some issues...
Did ur case status say 'ordered' before you got the ead in mail?
Thanks.
No mine did not say that for myself or my husband. It just said approval notice sent. It still says the same thing it has never changed or been updated. It could be there system- who knows! I hope you get yours soon! Keep me updated.
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gkdgopi
07-07 08:38 AM
Totally agree.. Can you tell which law has been broken by them.
They didnt break a single law.
USCIS broke a law last month by not accepting the EB3 Other workers, even when the bulletin said that the numbers were avaible.
But this time , they just did something morally wrong ( that 2 i am not sure, based upon what i have read so far, which are more or less speculations)
DOS updated the bulletin , for which they have full legal rights,
and USCIS just follwed it, No Law was broken,atleast i cant see, which law was broken.
If you go for a lawsuit , you would get those damages back, but as i said USCIS being a fees funded organisation, its will come back to you.
What about the applications received before release of bulletin?
They didnt break a single law.
USCIS broke a law last month by not accepting the EB3 Other workers, even when the bulletin said that the numbers were avaible.
But this time , they just did something morally wrong ( that 2 i am not sure, based upon what i have read so far, which are more or less speculations)
DOS updated the bulletin , for which they have full legal rights,
and USCIS just follwed it, No Law was broken,atleast i cant see, which law was broken.
If you go for a lawsuit , you would get those damages back, but as i said USCIS being a fees funded organisation, its will come back to you.
What about the applications received before release of bulletin?
CADude
08-14 02:58 PM
I think you will OK. Please wait couple of more days. :) TSC is slow in receipting...
My application was mailed on June 25th to TSC and picked up by TSC IO on June 28th . The new weekly processing update states processing/receipting completed till june 28th. But they still haven't cashed my check or issued any receipt ? When I called the 800 number to ask them regarding my application they first told me to wait for 15 days ,then 45 days and now 90 days. Whats the point of issuing weekly update if USCIS itself is not following it,it is creating more anxiety then doing any good.
I am wondering what if they misplaced/lost my application, will they accept resubmitting a new I485 petition after Aug17th based on Fedex signature conformation receipt signed by an IO, of previously filed petition??:confused:
My application was mailed on June 25th to TSC and picked up by TSC IO on June 28th . The new weekly processing update states processing/receipting completed till june 28th. But they still haven't cashed my check or issued any receipt ? When I called the 800 number to ask them regarding my application they first told me to wait for 15 days ,then 45 days and now 90 days. Whats the point of issuing weekly update if USCIS itself is not following it,it is creating more anxiety then doing any good.
I am wondering what if they misplaced/lost my application, will they accept resubmitting a new I485 petition after Aug17th based on Fedex signature conformation receipt signed by an IO, of previously filed petition??:confused:
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vshar
07-22 09:44 PM
I feel for the guys who have been waiting since 2001 for their green cards in the EB3-I/C category.
To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."
Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.
EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.
I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.
You are not man but superman.
To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."
Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.
EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.
I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.
You are not man but superman.
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b_boy
02-22 06:01 PM
well, really I dont have words to express what frustration means, so be it. my PD is Nov 2003 (original Labor) and filed 485 in June 2004 and have 7 EAD cards thus far.
Started to work on EAD since 2005.
This is my 11th year in this country, never tried to do labor substitution always was and is a legal and law abiding since I came to this country on H1, despite changing jobs been as a developer since then - till now.
This GC process got me grey very soon, unsure if I become bald. This is the state of legal immigration in this country, God bless.
Started to work on EAD since 2005.
This is my 11th year in this country, never tried to do labor substitution always was and is a legal and law abiding since I came to this country on H1, despite changing jobs been as a developer since then - till now.
This GC process got me grey very soon, unsure if I become bald. This is the state of legal immigration in this country, God bless.
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lord_labaku
09-16 07:24 AM
Dudes & Dudettes,
Hasnt the issue of processing order been beaten to death?
I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?
USCIS can always pull the security reason trump card here.
moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?
We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.
My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)
Hasnt the issue of processing order been beaten to death?
I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?
USCIS can always pull the security reason trump card here.
moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?
We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.
My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)
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gc_aug_2010
08-20 01:25 PM
Congrats...Not sure whats happening with my case :( The officer is just sitting on it. It went to his desk on Aug 3 :(
How did you find out exactly which day it went to an officer?
How did you find out exactly which day it went to an officer?
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tikka
06-05 08:15 PM
In spite of all the forum spamming, I have contributed, thank you
And yes, I've sent multiple faxes to every senator.
And yes, I've visited, phoned and emailed multiple senators and congressmen.
And yes, I've sent approximately 700 emails to media outlets nationwide
PLEASE stop spamming the forums
so much franklin for all your efforts!
And yes, I've sent multiple faxes to every senator.
And yes, I've visited, phoned and emailed multiple senators and congressmen.
And yes, I've sent approximately 700 emails to media outlets nationwide
PLEASE stop spamming the forums
so much franklin for all your efforts!
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smuggymba
07-20 11:50 AM
smuggymba,
Do you have any numbers for advocacy effort participation in terms of EB2 vs EB3 ? You and some EB2 members on this forum seems to be suggesting that they are getting GCs faster because you they did some outstanding effort in terms of IV advocacy effort. Would you mind sharing some evidence in case you have some ?
I didn't see EB2 guys overcrowding that event. There were well meaning, sincere members from both EB2 as well EB3.
Please stop lecturing EB3 guys. If pappu or someone from leadership want to lecture us, it is fine. Not every jack and jill on this forum should lecture us.
ok, let me put the matter to rest before you take it out of context. My observation was based on the thread that we had for collecting the amount..I didn't see many EB3 folks contribute dollars....but now that 2 EB3 are vouching that enough EB3 folks contibuted, that's great. I just observed something and if it hurt you right down the spine, sorry. I filed PERM 3 months ago, I'm far off in this process. Just focus on advocay so that everyone gets their GCs. Good luck. I hate this EB2 vs EB3, this is a never ending debate. Just hope everyone gets their GC in time.
Do you have any numbers for advocacy effort participation in terms of EB2 vs EB3 ? You and some EB2 members on this forum seems to be suggesting that they are getting GCs faster because you they did some outstanding effort in terms of IV advocacy effort. Would you mind sharing some evidence in case you have some ?
I didn't see EB2 guys overcrowding that event. There were well meaning, sincere members from both EB2 as well EB3.
Please stop lecturing EB3 guys. If pappu or someone from leadership want to lecture us, it is fine. Not every jack and jill on this forum should lecture us.
ok, let me put the matter to rest before you take it out of context. My observation was based on the thread that we had for collecting the amount..I didn't see many EB3 folks contribute dollars....but now that 2 EB3 are vouching that enough EB3 folks contibuted, that's great. I just observed something and if it hurt you right down the spine, sorry. I filed PERM 3 months ago, I'm far off in this process. Just focus on advocay so that everyone gets their GCs. Good luck. I hate this EB2 vs EB3, this is a never ending debate. Just hope everyone gets their GC in time.
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TheOmbudsman
10-25 07:25 PM
That observation on the SKULL bill and masters degrees was raised by few concious and noble members of this forum before.
Do you realize that in certain schools I know very well here, they don't even require you to take TOEFL or GRE/GMAT for grad school. Believe me, there are thousands of people in the world with $20K who would line up for such "graduate" schools and move here permanently. I am saying, any lobbying effort should be directed to tone down such bills, they are simply not very realistic at this point.
If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
Do you realize that in certain schools I know very well here, they don't even require you to take TOEFL or GRE/GMAT for grad school. Believe me, there are thousands of people in the world with $20K who would line up for such "graduate" schools and move here permanently. I am saying, any lobbying effort should be directed to tone down such bills, they are simply not very realistic at this point.
If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
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nk2006
10-25 12:23 PM
Yes, but the immigration hearings already happened. People already have a clear indication on what the public wants. Lou Dobbs is still out there reminding them. Honestly, I wish us good luck, but I am not sure.
Seems like you are indicating that public clearly against CIR: on what basis you are saying that. There was no referendum and even an election after the CIR debate. Most of the opinion polls are evenly split: if I remember correctly a popular opinion poll said that most Americans want to solve the immigration issue and they also are fine with putting illegal immigrants on path to citizenship. They also want to have more border security provisions � most of these aspects are covered in CIR. Of course illegal immigration issue is controversial and CIR may never succeed in its current form irrespective of who is in control of congress. A democrat leading congress may not venture into too controversial aspects of immigration fearing a backlash during presidential elections. The backlash they fear is energizing the extreme right wing. A republican leading congress anyway won�t pass CIR bill.
That�s why our best bet is SKILL bill � this is relatively non-controversial, good for American industry, and supported by different groups. Of course it is very difficult.
Not sure if such an important bill will be taken up during lame-duck session. In fact the outgoing house members may actually push for some aggressive border security measures to make the process even longer than it is now. So yes�.I too wish us good luck we do need it a lot.
Seems like you are indicating that public clearly against CIR: on what basis you are saying that. There was no referendum and even an election after the CIR debate. Most of the opinion polls are evenly split: if I remember correctly a popular opinion poll said that most Americans want to solve the immigration issue and they also are fine with putting illegal immigrants on path to citizenship. They also want to have more border security provisions � most of these aspects are covered in CIR. Of course illegal immigration issue is controversial and CIR may never succeed in its current form irrespective of who is in control of congress. A democrat leading congress may not venture into too controversial aspects of immigration fearing a backlash during presidential elections. The backlash they fear is energizing the extreme right wing. A republican leading congress anyway won�t pass CIR bill.
That�s why our best bet is SKILL bill � this is relatively non-controversial, good for American industry, and supported by different groups. Of course it is very difficult.
Not sure if such an important bill will be taken up during lame-duck session. In fact the outgoing house members may actually push for some aggressive border security measures to make the process even longer than it is now. So yes�.I too wish us good luck we do need it a lot.
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CADude
08-28 01:36 PM
It's very frustrating.. TSC is sitting on our application or what? Approx 30K applications are there for July 2nd filer including NSC->TSC transfer(per old NYT report). We see reporting of 1 or 2 receipting a day then few quite days. :mad:
It will approx 60 days since filing and still waiting for check encash/Receipt. What a heck.. :mad:
I have only seen just one or two cases so far with receipts I mean filed on Jul 2. I myself am a Jul 2 filer NSC filer with TSC approved 140 and haven't gotten anything yet....I also had the LUd on 7/28/07.
It will approx 60 days since filing and still waiting for check encash/Receipt. What a heck.. :mad:
I have only seen just one or two cases so far with receipts I mean filed on Jul 2. I myself am a Jul 2 filer NSC filer with TSC approved 140 and haven't gotten anything yet....I also had the LUd on 7/28/07.
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eb3_nepa
07-05 06:02 PM
Dude a stinking dead fish could be considered a bio-weapon :D
Well atleast that gets the message through ;)
Well atleast that gets the message through ;)
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ramprabhum
07-20 12:04 PM
I am a new member joining the IV team.
Thanks for all the efforts taken by IV core team for our legal immigration problems. I want to contribute some money to reimburse Mr.Aman who had taken excellent efforts for us.
Hats off to you AMAN.
Can anyone guide me on how to make this contribution.
Thanks for all the efforts taken by IV core team for our legal immigration problems. I want to contribute some money to reimburse Mr.Aman who had taken excellent efforts for us.
Hats off to you AMAN.
Can anyone guide me on how to make this contribution.
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logiclife
05-23 03:17 AM
This is the easiest action item. Please do this diligently. But please also dont skip the phone calls.
The phone calls are more important than emails as they have more impact.
Here is the thread for instructions for phone calls :
http://immigrationvoice.org/forum/showthread.php?t=4581
The phone calls are more important than emails as they have more impact.
Here is the thread for instructions for phone calls :
http://immigrationvoice.org/forum/showthread.php?t=4581
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chi_shark
07-10 10:18 AM
Problem with that argument once you own more than 5% of the company you will have file as investor. If your wife owns the company then you will have file under relative category. There were denials based on this.
Do you have evidence or can you point me in that direction where i can find some... this is for the bold text above...
Do you have evidence or can you point me in that direction where i can find some... this is for the bold text above...
mqualique
05-01 01:47 PM
Even if FB 2 almost has same priority date as EB 2 or 3 once the EB dependents quota gets counted against FB quota almost half of the EB backlog would move to FB which will cause progression in EB dates and retrogression in FB dates. Anyway I think simple1 point is definitely a good point and worthy of further discussion and clarification from attorneys.
Dependends will come under
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
Dependends will come under
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
desi3933
08-29 04:18 PM
Yes, I do have an update. See my posting the Lawsuit thread.
Note:
This Lawsuit Idea is on hold for the following reasons:
a) Not enough interest in the affected parties
b) Cost of the litigation would be upwards of around 30K
c) The counsel has recommended to hold discussions with USCIS official first and give them sufficient time to respond to our concerns.
Thanks for the update!
Good Luck.
Note:
This Lawsuit Idea is on hold for the following reasons:
a) Not enough interest in the affected parties
b) Cost of the litigation would be upwards of around 30K
c) The counsel has recommended to hold discussions with USCIS official first and give them sufficient time to respond to our concerns.
Thanks for the update!
Good Luck.
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