vasireddyanil
02-20 06:33 PM
Adibhatla,
Thanks for the response. Could you please provide me some documental support in this regard. I need them to convince my client. I came out of the project due to this issue. To go back again I need to provide a little support. Atleast, if possible please provide me some links.
One more question. My EAD will expire by April. Can I apply for renewal?
Thanks
Anil
Thanks for the response. Could you please provide me some documental support in this regard. I need them to convince my client. I came out of the project due to this issue. To go back again I need to provide a little support. Atleast, if possible please provide me some links.
One more question. My EAD will expire by April. Can I apply for renewal?
Thanks
Anil
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perm2gc
05-15 01:44 PM
The Bill has gone too far from what it means.Why didn't the congressman ask the American employers the same questions they asked other big companies.The H1 and L1 classifications allows them for gouging but the bill is not the answer for it.They are trying to show the stats that supports their insane bill.
Leo07
06-02 03:29 PM
<<<<<<<<<<<<<<<<<bump>>>>>>>>>>>>
2011 death of Osama Bin Laden
mjULTRA
02-12 03:47 PM
Cool Kit. very original...
Soul - I voted a few days ago, but never posted why, and decided to add my coments, after i voted. Good Job everyone who entered..
Soul - I voted a few days ago, but never posted why, and decided to add my coments, after i voted. Good Job everyone who entered..
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buddyinsd
01-26 07:27 PM
U donno where to even start. My argument was based on relativity and "most of" theory and never was 100%.
U must be a gulti trying to defend ur region - God bless
Politics of a region / state has nothing to do with this discussion. The school which got shutdown did not have 100% students from one region or country.
FYI All the Hawla, Bofors, Fodder scams, 2G scam did not even occur from the mentioned one state alone !
The state has / had best IIT coaching facilities ( you call it a manufacturing shop, I don't care). Which produced lot of good engineers, who genuine have completed their education in this country and added value here.
It is unfortunate that some people knew what they were doing and others were frustrated with long wait (esp H4's who have been waiting for ever in the retrogression even though their spouses had approved 140's for years) and were told to pursue a shady option saying it was legal by scrupulous body shops wanting to make money. A spouse from no other country other than India and China has to wait this long to EAD, even all the spouses of substitute labor are working on EAD's.
Dont make a blanket statement about corruption, every region has its problems. Even in this country money from recovered from freezers of politicians. Corrupt & Dishonest people exist every place.
U must be a gulti trying to defend ur region - God bless
Politics of a region / state has nothing to do with this discussion. The school which got shutdown did not have 100% students from one region or country.
FYI All the Hawla, Bofors, Fodder scams, 2G scam did not even occur from the mentioned one state alone !
The state has / had best IIT coaching facilities ( you call it a manufacturing shop, I don't care). Which produced lot of good engineers, who genuine have completed their education in this country and added value here.
It is unfortunate that some people knew what they were doing and others were frustrated with long wait (esp H4's who have been waiting for ever in the retrogression even though their spouses had approved 140's for years) and were told to pursue a shady option saying it was legal by scrupulous body shops wanting to make money. A spouse from no other country other than India and China has to wait this long to EAD, even all the spouses of substitute labor are working on EAD's.
Dont make a blanket statement about corruption, every region has its problems. Even in this country money from recovered from freezers of politicians. Corrupt & Dishonest people exist every place.
485Mbe4001
05-15 05:52 PM
officially eb2 or 3 application is based on the qualifications required for the job and not on your education status, there are hundreds with masters who are on eb3
Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.
Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.
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manand24
07-31 12:09 PM
Still waiting for my receipts numbers from USCIS. July 2nd filer.
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morchu
08-01 09:58 PM
The key is that....there should not be substantial difference in the job duties and the responsibilities.
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
more...
JA1HIND
01-27 01:55 PM
To he who handed over $7K.....
If you have good documentation of this... then there are some fees that employers are not allowed to pass on to employee (either in part or in whole).
These include things like H1B processing fees.
They might include labor certification fees (required for GC).
Now unless the 50% specifically identifies which fees, I would take it to mean 50% of all. If your were charged for 50% of something that it is illegal to charge for then Department of Labor may pursue both on your behalf and in the public interest. By pursue, I mean get your money back (or some of it) and fine or worse to employer.
So find out what documents you have and where your local dept of labor is, and go and pay the friendly staff a visit.
I know someone that was done out of a few thousand in unpaid overtime. They got his money back for him, even though he only went to them years after, but he had pay slips showing hours worked and money paid. They handled it all for him.
Thank you so much and really appreciate for giving me an idea on how to approach.. I will look into my folders and see what all proof I have in order to defend myself...I know the fact that all my emails communications and shared documents, payslips are still in place and will for sure find something out of it...
If you have good documentation of this... then there are some fees that employers are not allowed to pass on to employee (either in part or in whole).
These include things like H1B processing fees.
They might include labor certification fees (required for GC).
Now unless the 50% specifically identifies which fees, I would take it to mean 50% of all. If your were charged for 50% of something that it is illegal to charge for then Department of Labor may pursue both on your behalf and in the public interest. By pursue, I mean get your money back (or some of it) and fine or worse to employer.
So find out what documents you have and where your local dept of labor is, and go and pay the friendly staff a visit.
I know someone that was done out of a few thousand in unpaid overtime. They got his money back for him, even though he only went to them years after, but he had pay slips showing hours worked and money paid. They handled it all for him.
Thank you so much and really appreciate for giving me an idea on how to approach.. I will look into my folders and see what all proof I have in order to defend myself...I know the fact that all my emails communications and shared documents, payslips are still in place and will for sure find something out of it...
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undertaker
05-17 06:26 AM
What is the white man's (Europeans and others) visa to America then? I don't see any other ways people can come here on the same conditions as the H-1B visa.
Lol, it happens to be no visa!Most Europeans don't need a visa to get in this country and if they want to, they just stay back.....since they are are the same color as the majority they do not caste doubts or suspicions as much as the 'brown man' does....I don't think the majority of European immigrants to America came with any papers whatsoever......and lets not forget that before '65 race-based immigration was the policy.
Lol, it happens to be no visa!Most Europeans don't need a visa to get in this country and if they want to, they just stay back.....since they are are the same color as the majority they do not caste doubts or suspicions as much as the 'brown man' does....I don't think the majority of European immigrants to America came with any papers whatsoever......and lets not forget that before '65 race-based immigration was the policy.
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rrbraju
12-14 08:28 PM
Friends,
If any one needs AC21 letter format do let me know. I can give you the format.
Good luck.
Kindly send me AC21 letter format
If any one needs AC21 letter format do let me know. I can give you the format.
Good luck.
Kindly send me AC21 letter format
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NNReddy
09-19 03:02 PM
IS it going to be transferred back from CSC to TSC or NSC again? is that happening.
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logiclife
12-13 04:17 PM
AILA and all the immigration lawyers and many employers threw a hissy fit when DOL wanted to shut down labor substitution.
They lobbied hard at DOL to allow the continuation of labor substitution. IV has tried to get DOL to eliminate labor substitution or at least make it such that the Priority date is not the labor filing date but the 140 filing date. Allow labor sub with PD = 140 filing date will solve the problem of cutting in line and getting ahead in an unfair manner. QGA helped to get our message to Eliane Chow, The Secretary of Labor Department. (http://www.whitehouse.gov/government/chao-bio.html)
Unfortunately, the secretary of labor didnt oblige.
These immig lawyers and AILA bombarded DOL with requests in favor of labor sub.
They lobbied hard at DOL to allow the continuation of labor substitution. IV has tried to get DOL to eliminate labor substitution or at least make it such that the Priority date is not the labor filing date but the 140 filing date. Allow labor sub with PD = 140 filing date will solve the problem of cutting in line and getting ahead in an unfair manner. QGA helped to get our message to Eliane Chow, The Secretary of Labor Department. (http://www.whitehouse.gov/government/chao-bio.html)
Unfortunately, the secretary of labor didnt oblige.
These immig lawyers and AILA bombarded DOL with requests in favor of labor sub.
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jasguild
07-17 11:02 AM
6 years for everyone? is everyone's PD 2007? Are they going to issue GC only after 6 years? use a little common sense and you will find that GCs are given based on PD, Older the PD sooner you will get GC. for example a person with PD 2003 will get GC within 6 months.
I am not sure of this but from studying data, I get the impression that the GC are given out on a FIFO system based on when USCIS receives your I-485 (assuming it clears NC) and NOT PD date
jasquil
I am not sure of this but from studying data, I get the impression that the GC are given out on a FIFO system based on when USCIS receives your I-485 (assuming it clears NC) and NOT PD date
jasquil
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BharatPremi
07-17 03:47 AM
I hear what you are saying. I am just saying this is a band aid solution.
jasquil
Yes, but you are missing the one important fact, that "band aid solution" would put band aid to thousands of hurt people which will sooth them for a while. I understand, your 485 is already in pipeline so you already have those band aids but claiming to be sorry portrayed you very selfish. Think about teh group then you will slowly start forgeting your sorriness.
jasquil
Yes, but you are missing the one important fact, that "band aid solution" would put band aid to thousands of hurt people which will sooth them for a while. I understand, your 485 is already in pipeline so you already have those band aids but claiming to be sorry portrayed you very selfish. Think about teh group then you will slowly start forgeting your sorriness.
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gc_chahiye
09-26 04:59 AM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
- start another PERM asap.
- go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
- if you get a denial, file an appeal, that buys you some time.
- during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485
I dont know if doing an MTR on the 140 will also keep your EAD alive...
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
- start another PERM asap.
- go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
- if you get a denial, file an appeal, that buys you some time.
- during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485
I dont know if doing an MTR on the 140 will also keep your EAD alive...
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wonderlust
09-27 04:28 PM
Early Sept. I finally got July 2nd filing receipt. I realized that my packet has traveled all the way to CA and then back again at NSC!! then last weekend Sept 15, I got an email notice that my case is back at NSC AFTER I have received a hard copy notice about the transfer...
It's a confusing process and I don't know which center is faster...
Wonderlust
Based on my receipt numbers and looking up on USCIS website, it appears my AOS application that was sent to NSC has been sent to California Center. I have not seen anybody's case being sent to CSC. Dunno how good or bad it is and whether it sppeds up/delays my EAD processing. Anybody had experience with CSC and got any of EAD/AP/GC approved from CSC.
It's a confusing process and I don't know which center is faster...
Wonderlust
Based on my receipt numbers and looking up on USCIS website, it appears my AOS application that was sent to NSC has been sent to California Center. I have not seen anybody's case being sent to CSC. Dunno how good or bad it is and whether it sppeds up/delays my EAD processing. Anybody had experience with CSC and got any of EAD/AP/GC approved from CSC.
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hydboy77
02-12 10:05 AM
DOS and USCIS are making sure no visas are being wasted in any category whether it is FB or EB category. In this situation we cannot expect any FB visa wastage and spillover of those FB wasted visa in EB category anymore. Without the FB spillover there will not be any forward movement in EB2 during the august-september visa bulletin. Mpadapa analysis seems to be correct and is also backed by facts and numbers. With only 140k visas for EB and without any FB spillover we might actually see dates moving back and staying stagnant for EB2 india. Remember Eb2 india has never managed to move beyond April 1 2004 without the FB spillover in the last quarter.This is a terrible shock to everybody in EB2 India, I have been saying this all along that EB2 will be stagnant or move backward (because of eb3 line cutters).
My document uses similar method as used in 2007 USCIS Ombudsman report.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )
The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.
The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.
It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.
My document uses similar method as used in 2007 USCIS Ombudsman report.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )
The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.
The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.
It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.
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skakodker
07-17 08:36 AM
Exactly. God foribid we lose our jobs. Before and after this announcement we are one bad earnings quarter away from being shipped back home. Its hard to enjoy life with stress like this.
jasquil
We recently experienced a miracle of unity through the hugely successful flower campaign. What a shot in the arm that was!
My suggestion to you is to keep an open mind, accepting that your circumstances aren't presently of your choosing. Once you acknowledge your stress and accept it, you will be in a better position to focus on other aspects of your life that you might be neglecting as a result of your stress - for instance, having fun.
Life is short. Choose to live.
jasquil
We recently experienced a miracle of unity through the hugely successful flower campaign. What a shot in the arm that was!
My suggestion to you is to keep an open mind, accepting that your circumstances aren't presently of your choosing. Once you acknowledge your stress and accept it, you will be in a better position to focus on other aspects of your life that you might be neglecting as a result of your stress - for instance, having fun.
Life is short. Choose to live.
vbkris77
11-26 06:34 PM
Pappu,
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
In my view CP Data published doesn't help much here are the reasons. They need to publish the data in the same lines of CIS.
1. For EB2 3K visas doesn't change the dynamics.
2. For EB3 adding 20K visas will slow things more. But beyond that we can't say anything else.
3. ROW EB3 will be slow and Philippines will be dead slow.
The biggest thing that CIS/State needs to understand is that for EB2, they are going to pass 2007 Fiasco cutoff in the spillover and may waste the numbers.
We need to let them start a long term planning and make sure they don't waste visas. It is unfortunate that State thinks CIS can process all the AOS applications in a calendar quarter in most cases and in a month in some cases during end of year scenario. State needs to include DOL statistics and CIS processing bottlenecks to advance the dates. It is unfortunate that none of these agencies can sort their applications on date correctly.
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
In my view CP Data published doesn't help much here are the reasons. They need to publish the data in the same lines of CIS.
1. For EB2 3K visas doesn't change the dynamics.
2. For EB3 adding 20K visas will slow things more. But beyond that we can't say anything else.
3. ROW EB3 will be slow and Philippines will be dead slow.
The biggest thing that CIS/State needs to understand is that for EB2, they are going to pass 2007 Fiasco cutoff in the spillover and may waste the numbers.
We need to let them start a long term planning and make sure they don't waste visas. It is unfortunate that State thinks CIS can process all the AOS applications in a calendar quarter in most cases and in a month in some cases during end of year scenario. State needs to include DOL statistics and CIS processing bottlenecks to advance the dates. It is unfortunate that none of these agencies can sort their applications on date correctly.
LostInGCProcess
02-11 03:43 PM
With all these analysis, is there any formula to actually predict when one could get the GC? I was just curious to know when I could potentially get my GC although I stopped worrying about it a very long time ago.
Thanks.
Thanks.
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