susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
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Miya Maqbool
09-10 03:32 PM
HI Pappu,
PLease post the total amount received end of the day on the web site....
Hopefully we will exceed the required amount....
Go IV!!!
PLease post the total amount received end of the day on the web site....
Hopefully we will exceed the required amount....
Go IV!!!
darslee
07-07 12:31 PM
Interesting....Our new attorney thinks we have a really strong case too...:)
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ArkBird
09-01 03:27 PM
- Came to US in 1997.
- Had Labor + 140 approved in Dec, 99.
- tricked and lured by start-up in silicon valley. Abandoned everything and came to California in Jan, 2000 made the deadly mistake of not taking the copy of approved I-140 (I still slap myself every morning for that mistake ;) )
- Found out they have only one customer
- Founder wasted own 20 Million dollars but never increased the tally for the customer from 1
- "Startup" went under in 2002.
- Joined new company (the only customer of start-up) and filed labor in March, 2003 and enjoying every minute of it... :)
Cheers
ArkBird
- Had Labor + 140 approved in Dec, 99.
- tricked and lured by start-up in silicon valley. Abandoned everything and came to California in Jan, 2000 made the deadly mistake of not taking the copy of approved I-140 (I still slap myself every morning for that mistake ;) )
- Found out they have only one customer
- Founder wasted own 20 Million dollars but never increased the tally for the customer from 1
- "Startup" went under in 2002.
- Joined new company (the only customer of start-up) and filed labor in March, 2003 and enjoying every minute of it... :)
Cheers
ArkBird
more...
acecupid
09-13 01:16 PM
Hi All,
My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.
Thank you.
Wow!! Congratulations.... That was very fast indeed. Good luck with the rest of the process.
My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.
Thank you.
Wow!! Congratulations.... That was very fast indeed. Good luck with the rest of the process.
villamonte6100
04-02 01:37 PM
Villamonte - the laws are such that USCIS cannot screw up much for ROW, especially if they are not in EB3. I hope you are not gloating much about your luck. However, you cannot extrapolate your fortune to say that USCIS is an efficient organization.
However, the laws are such that USCIS does screw up a lot with EB2 & 3 for India and China. They have to play games of predicting visa number availability between two departments (DOS & USCIS). They completely screw up the FIFO for Indians and Chinese within Indian & Chinese applicants. Luckily the FBI namecheck nightmare is over which will restore some sanity. There are many people who have to wait for years due to USCIS inefficiency.
I know an Indian case where PD was current and USCIS screwed up. He had to sue USCIS to get it fixed.
D.E.D is such a numbskull retard that he doesn't understand these concepts. All he harps is that you cannot investigate USCIS and USCIS awards H1B. The greatness of American democracy is that even a foreigner can ask the courts to investigate the wrongs a govt organization has done to them. In fact most democracies around the world allow that.
Besides USCIS does not award the H1B. It just follows the laws set forth by the congress and processes the H1B applications based on those laws.
D.E.D. just go back to the cave where you came from.
You are entitled to your opinion.
However, the laws are such that USCIS does screw up a lot with EB2 & 3 for India and China. They have to play games of predicting visa number availability between two departments (DOS & USCIS). They completely screw up the FIFO for Indians and Chinese within Indian & Chinese applicants. Luckily the FBI namecheck nightmare is over which will restore some sanity. There are many people who have to wait for years due to USCIS inefficiency.
I know an Indian case where PD was current and USCIS screwed up. He had to sue USCIS to get it fixed.
D.E.D is such a numbskull retard that he doesn't understand these concepts. All he harps is that you cannot investigate USCIS and USCIS awards H1B. The greatness of American democracy is that even a foreigner can ask the courts to investigate the wrongs a govt organization has done to them. In fact most democracies around the world allow that.
Besides USCIS does not award the H1B. It just follows the laws set forth by the congress and processes the H1B applications based on those laws.
D.E.D. just go back to the cave where you came from.
You are entitled to your opinion.
more...
nlssubbu
07-25 01:29 PM
priti8888
Visa Allotment or Assigning of Visas by USCIS - I cannot digest the assumption that USCIS/DOS/DOL are fools and there is no coordination among them to know who from which country has applied for GC under which category. These Govt. agencies are so efficient that they can even go through these forums and connect IDs here to applications. It is a piece of cake for them to find out the entire background of an applicant as soon as even the LC is filed. They very well know who is stuck with which employer in which state and what stage and to whom they are approving the GCs. If the employers are Americans, they can even call the DOL and ask them to hold the LC approval because they know that once their employees get their GCs they will quit them.
I am not trying to be negative and pessimistic, but please think about the chances of immigrants sueing these Govt. agencies during any of the stages in GC process and winning the lawsuit. And ofcourse, the immigration lawyers are too happy with the retrogressions and the way the immigration system works in this country.
Hi,
This issue was discussed in detail in Ombudsman report in 2006. Please look from page 29 which gives detail description of the inability to give accurate numbers and communicate effectively between USCIS and DOS.
It clearly states that DOS was unable to determin exact numbers and could not co-ordinate with DOL / USCIS regarding cut-off date, by country numbers and also the total number of cards issued resulting in not all allocated numbers are approved as well.
Thanks
Visa Allotment or Assigning of Visas by USCIS - I cannot digest the assumption that USCIS/DOS/DOL are fools and there is no coordination among them to know who from which country has applied for GC under which category. These Govt. agencies are so efficient that they can even go through these forums and connect IDs here to applications. It is a piece of cake for them to find out the entire background of an applicant as soon as even the LC is filed. They very well know who is stuck with which employer in which state and what stage and to whom they are approving the GCs. If the employers are Americans, they can even call the DOL and ask them to hold the LC approval because they know that once their employees get their GCs they will quit them.
I am not trying to be negative and pessimistic, but please think about the chances of immigrants sueing these Govt. agencies during any of the stages in GC process and winning the lawsuit. And ofcourse, the immigration lawyers are too happy with the retrogressions and the way the immigration system works in this country.
Hi,
This issue was discussed in detail in Ombudsman report in 2006. Please look from page 29 which gives detail description of the inability to give accurate numbers and communicate effectively between USCIS and DOS.
It clearly states that DOS was unable to determin exact numbers and could not co-ordinate with DOL / USCIS regarding cut-off date, by country numbers and also the total number of cards issued resulting in not all allocated numbers are approved as well.
Thanks
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desi485
11-19 03:29 PM
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
AFAIK, it is a legal term.
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
AFAIK, it is a legal term.
more...
Edison99
02-03 02:55 PM
Congrats and good luck with your GC process !
9years: So finally did you have to send the interfiling request, or they approved it automatically.
- My EB2 140 got approved 2 weeks ago (with July 03 PD), but still no LUD on my 485.
- I placed a Service Request last week on my pending 485, which resulted in a soft LUD on my EB2 140 but nothing on 485.
I just wanted to know if you also had to send the interfiling request just like VayuMahesh.
Thanks,
9years: So finally did you have to send the interfiling request, or they approved it automatically.
- My EB2 140 got approved 2 weeks ago (with July 03 PD), but still no LUD on my 485.
- I placed a Service Request last week on my pending 485, which resulted in a soft LUD on my EB2 140 but nothing on 485.
I just wanted to know if you also had to send the interfiling request just like VayuMahesh.
Thanks,
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leo2606
07-14 08:17 PM
I guess we need to bump until the Admins make it sticky.
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hemkant
09-11 01:50 PM
Google Order #673393592214008
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lskreddy
04-30 03:55 PM
Jeez, they are done. I am freaking dumbstruck for the sheer lack of substance in the discussion. Gosh, what a waste of tax-payers money!!
more...
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beppenyc
03-02 12:47 PM
it`s not working
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singhsa3
09-12 10:10 AM
Hi Bawa,
Your idea is good to but please be also open to other ideas. You don't know what will fail or pass. The prime objective is to attract media attention, in other words "give them something to talk about". What flower campaing did last year was exactly that...Can we achieve the same thing with Book or Calculators or Clock or Poster, we need to figure that out!
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
Your idea is good to but please be also open to other ideas. You don't know what will fail or pass. The prime objective is to attract media attention, in other words "give them something to talk about". What flower campaing did last year was exactly that...Can we achieve the same thing with Book or Calculators or Clock or Poster, we need to figure that out!
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
more...
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gctoget
07-31 10:27 AM
There will be a conference call for SoCal IV members on August 7th,2007 at 8:00 P.M.
Please join SoCal IV yahoogroup for more info.
Send blank e-mail to
SC_Immigration_Voice-subscribe@yahoogroups.com
Please join SoCal IV yahoogroup for more info.
Send blank e-mail to
SC_Immigration_Voice-subscribe@yahoogroups.com
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trueguy
08-14 11:40 AM
Mr. Ron Gotcher believes that it means "Mexico F2A and [Mexico] employment third preference cut off dates.� Had they meant Worldwide, they would have said so explicitly".
Relax guys.:)
Mexico EB3 has been Unavailable since last 2 months so why USCIS will make a special comment about that country.
I am sure DOS is referring to entire EB3 Category in their Sep'08 Visa Bulletin. No hopes for EB3-I if PD goes back to Apr'2001 again.
Relax guys.:)
Mexico EB3 has been Unavailable since last 2 months so why USCIS will make a special comment about that country.
I am sure DOS is referring to entire EB3 Category in their Sep'08 Visa Bulletin. No hopes for EB3-I if PD goes back to Apr'2001 again.
more...
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badluck
07-24 01:18 PM
I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
Something is wrong it is impossible.... wait a minute your name is luckypaji....may be you are sardarji...just kidding brother dont get mad.:cool:
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
Something is wrong it is impossible.... wait a minute your name is luckypaji....may be you are sardarji...just kidding brother dont get mad.:cool:
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Blessing&Lifeisbeautiful
08-01 10:48 PM
Latest update from shusterman about bridge legislation for schedule A:
Now, Senator Schumer is seeking to attach the Hutchison-Durbin Amendment to a piece of "must pass" legislation in August. For more information about the immigration of nurses and physical therapists, see "Nurse" page at
http://shusterman.com/toc-rn.html
and "Allied Health Professionals" page at
http://shusterman.com/toc-ahp.html
Hope they will pass it this time....
Questions:
When will be the August recess?
Are there any "must pass" bills, good for such an attachment, scheduled in the senate before the August recess? :confused:
bump
Now, Senator Schumer is seeking to attach the Hutchison-Durbin Amendment to a piece of "must pass" legislation in August. For more information about the immigration of nurses and physical therapists, see "Nurse" page at
http://shusterman.com/toc-rn.html
and "Allied Health Professionals" page at
http://shusterman.com/toc-ahp.html
Hope they will pass it this time....
Questions:
When will be the August recess?
Are there any "must pass" bills, good for such an attachment, scheduled in the senate before the August recess? :confused:
bump
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kartikiran
12-11 08:35 AM
Looks like they are changing the spillover rules again from Horizontal to Vertical this is bad news for EB2 I
Because the spillover projection is given only for EB2(China and India). This is due to fact that only EB2-Row is current due to which there is a possbility of spillover which flows to China and India and not to EB3-Row(if it was vertical).
Because the spillover projection is given only for EB2(China and India). This is due to fact that only EB2-Row is current due to which there is a possbility of spillover which flows to China and India and not to EB3-Row(if it was vertical).
sayantan76
01-05 10:33 PM
I never came here to study. Have you heard of IIT/REC's in India. I understand there are other colleges/universities in india which your are describing here or u might have studied there but same is true for US as all universities are not A grade. There is a way to tell the fact, not to exaggerate and that too by an indian. if an american say this i can understand that he is ignorant about the facts.
Anyways all the best for Green Green Card. I can understand the desperation
i agree with you Karan and totally disagree with Gayatri. I routinely interview undergrad and MBA grad students on campus from top 10-15 universities/ b-schools in US for my company's management analyst and associate programs.
I do not find any material difference one way or the other in the quality of output between here and India (i cant speak to MS or other grad programs). Just because we are here does not mean we have to go out of the way to either short-sell our respective motherlands or indulge in trash talk about our home country to make us look more "american". And FYI - quotas are no different from affirmative action.
In fact, i read either in NY Times or Wall Sreet Journal a couple of days back that Japan is now "in awe" of indian basic school education and latest fad in Tokyo is Indian schools or schools that use Indian teaching methodology and employ indian teachers.
Anyways all the best for Green Green Card. I can understand the desperation
i agree with you Karan and totally disagree with Gayatri. I routinely interview undergrad and MBA grad students on campus from top 10-15 universities/ b-schools in US for my company's management analyst and associate programs.
I do not find any material difference one way or the other in the quality of output between here and India (i cant speak to MS or other grad programs). Just because we are here does not mean we have to go out of the way to either short-sell our respective motherlands or indulge in trash talk about our home country to make us look more "american". And FYI - quotas are no different from affirmative action.
In fact, i read either in NY Times or Wall Sreet Journal a couple of days back that Japan is now "in awe" of indian basic school education and latest fad in Tokyo is Indian schools or schools that use Indian teaching methodology and employ indian teachers.
laborchic
05-06 11:55 AM
Called first 7 from the list
Brown, Gregg, Lugar, Enzi, Graham, Hatch Cornyn, Kyl
Will try to get to the rest of them later in the day.
Brown, Gregg, Lugar, Enzi, Graham, Hatch Cornyn, Kyl
Will try to get to the rest of them later in the day.
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