Raju
08-05 09:47 AM
In continuation to my posting from the previous thread (http://immigrationvoice.org/forum/showthread.php?t=20598), I have made some changes to the draft letter based on the comments received from few members. Now I have two versions of the same letters, one for TSC petitioners and other for NSC petitioners. This letter addresses the delay in processing of I-140 petitions at TSC & NSC.
Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):
1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.
Please feel free to post any questions or clarifications you need before mailing this letter.
Don't we need the consent of the petitioner (employer)? Please see the line item # 15.
Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):
1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.
Please feel free to post any questions or clarifications you need before mailing this letter.
Don't we need the consent of the petitioner (employer)? Please see the line item # 15.
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pmb76
09-13 04:54 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I agree with you gctest. Interfiling EB3-->EB2 is the 2nd biggest scam perpetrated on the EB community after labor substitution. We must stop this dead in its tracks. It will lead to massive retrogressions in EB2 and keep the truly deserving candidates waiting for ever. USCIS just devises new laws on the fly without understanding its impact on the whole. I would call this rule very short-sighted and stupid. Nonetheless we need action at this point to do whatever we can to stop this mindlessness.
I am with you on this campaign. Gave you green.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I agree with you gctest. Interfiling EB3-->EB2 is the 2nd biggest scam perpetrated on the EB community after labor substitution. We must stop this dead in its tracks. It will lead to massive retrogressions in EB2 and keep the truly deserving candidates waiting for ever. USCIS just devises new laws on the fly without understanding its impact on the whole. I would call this rule very short-sighted and stupid. Nonetheless we need action at this point to do whatever we can to stop this mindlessness.
I am with you on this campaign. Gave you green.
beppenyc
03-16 10:51 AM
http://www.azcentral.com/news/articles/0316Immigration16-ON.html
Senators debate immigrant worker measure
Associated Press
Mar. 16, 2006 09:35 AM
WASHINGTON - Senators writing a major immigration law overhaul bill moved Thursday toward accepting an approach under which undocumented immigrants could stay in the United States while working toward permanent residence and eventual citizenship.
Sen. Edward Kennedy, D-Mass., stressed that his plan moving through the Senate Judiciary Committee would not constitute an amnesty, a policy rejected by the Bush administration and most Americans, according to polls. Kennedy said it would not give the estimated 11 million people in the country illegally any advantage over the 3 million living overseas while waiting for a decision on green card applications.
Committee Chairman Arlen Specter said the panel would consider the proposal put forward by Kennedy and Sen. John McCain, R-Ariz., when it reconvenes on March 27 after a weeklong recess. advertisement
Senate Majority Leader Bill Frist, R-Tenn., has made clear that immigration reform will be on the chamber's floor that week, regardless of whether the Judiciary Committee comes up with a comprehensive bill.
Congress, at the urging of President Bush, has made comprehensive immigration reform a top priority for this election-year session, pushing forward proposals combining immigration enforcement, a guest worker program and a policy toward people living in the country illegally.
The future treatment of undocumented immigrants, Kennedy said, "really is the heart and soul of this whole undertaking."
The McCain-Kennedy plan would allow those in the country illegally to obtain six-year nonimmigrant visas under which they could work in the country and travel outside the country. They would have to pay a $1,000 fine and undergo background checks.
After six years, the immigrant who pays back taxes, is learning English and pays an additional $1,000 fine can apply for a green card, or permanent residency.
Specter, R-Pa., said the committee would vote on a version of the McCain-Kennedy proposal on the 27th. There would also be a vote on the chief alternative, offered by Sens. John Cornyn, R-Texas, and Jon Kyl, R-Ariz., that would give undocumented immigrants up to five years to leave the country. These immigrants could apply from their home country to return, either as temporary workers or for permanent residency.
"Our intention is not to strand anyone outside the country," Kyl said. But he said that the McCain-Kennedy plan would give an undocumented immigrant allowed to stay and work in the country a "huge advantage" over a person having to wait for years in his or her own country for a green card.
But with Democrats, and several Republicans, on the committee behind McCain-Kennedy, it appeared to have the edge.
Cornyn and Kennedy said they would work over the recess next week on the structure of a guest worker program, which would start out with 400,000 visas. The committee is also expected to take up a separate provision for temporary agriculture workers in preparation for debate on the floor.
Senators from both parties in the committee on Wednesday objected to voting on a bill before the panel reaches a consensus on guest workers. Several Republicans suggested that the Senate first deal with enforcement, and take up the guest worker issue later in the year.
"This is a very complicated bill," Specter said. "And I think we have to get it done right."
Bush, in a State of the Union address two years ago, urged Congress to create a worker program under which participants could gain legal status for a specific time and then be required to return home. It would not provide an automatic path to citizenship.
The House at the end of last year passed a bill that increases penalties for illegal immigration activities and requires employers to verify the legal status of their employees. But it did not address the guest worker issue, and critics argued that it was futile to try to close the border when demand for low-wage workers in this country remains so strong.
"We have a broken system," White House press secretary Scott McClellan said Wednesday. "It needs to be fixed and it needs to be addressed in a comprehensive way."
Senators debate immigrant worker measure
Associated Press
Mar. 16, 2006 09:35 AM
WASHINGTON - Senators writing a major immigration law overhaul bill moved Thursday toward accepting an approach under which undocumented immigrants could stay in the United States while working toward permanent residence and eventual citizenship.
Sen. Edward Kennedy, D-Mass., stressed that his plan moving through the Senate Judiciary Committee would not constitute an amnesty, a policy rejected by the Bush administration and most Americans, according to polls. Kennedy said it would not give the estimated 11 million people in the country illegally any advantage over the 3 million living overseas while waiting for a decision on green card applications.
Committee Chairman Arlen Specter said the panel would consider the proposal put forward by Kennedy and Sen. John McCain, R-Ariz., when it reconvenes on March 27 after a weeklong recess. advertisement
Senate Majority Leader Bill Frist, R-Tenn., has made clear that immigration reform will be on the chamber's floor that week, regardless of whether the Judiciary Committee comes up with a comprehensive bill.
Congress, at the urging of President Bush, has made comprehensive immigration reform a top priority for this election-year session, pushing forward proposals combining immigration enforcement, a guest worker program and a policy toward people living in the country illegally.
The future treatment of undocumented immigrants, Kennedy said, "really is the heart and soul of this whole undertaking."
The McCain-Kennedy plan would allow those in the country illegally to obtain six-year nonimmigrant visas under which they could work in the country and travel outside the country. They would have to pay a $1,000 fine and undergo background checks.
After six years, the immigrant who pays back taxes, is learning English and pays an additional $1,000 fine can apply for a green card, or permanent residency.
Specter, R-Pa., said the committee would vote on a version of the McCain-Kennedy proposal on the 27th. There would also be a vote on the chief alternative, offered by Sens. John Cornyn, R-Texas, and Jon Kyl, R-Ariz., that would give undocumented immigrants up to five years to leave the country. These immigrants could apply from their home country to return, either as temporary workers or for permanent residency.
"Our intention is not to strand anyone outside the country," Kyl said. But he said that the McCain-Kennedy plan would give an undocumented immigrant allowed to stay and work in the country a "huge advantage" over a person having to wait for years in his or her own country for a green card.
But with Democrats, and several Republicans, on the committee behind McCain-Kennedy, it appeared to have the edge.
Cornyn and Kennedy said they would work over the recess next week on the structure of a guest worker program, which would start out with 400,000 visas. The committee is also expected to take up a separate provision for temporary agriculture workers in preparation for debate on the floor.
Senators from both parties in the committee on Wednesday objected to voting on a bill before the panel reaches a consensus on guest workers. Several Republicans suggested that the Senate first deal with enforcement, and take up the guest worker issue later in the year.
"This is a very complicated bill," Specter said. "And I think we have to get it done right."
Bush, in a State of the Union address two years ago, urged Congress to create a worker program under which participants could gain legal status for a specific time and then be required to return home. It would not provide an automatic path to citizenship.
The House at the end of last year passed a bill that increases penalties for illegal immigration activities and requires employers to verify the legal status of their employees. But it did not address the guest worker issue, and critics argued that it was futile to try to close the border when demand for low-wage workers in this country remains so strong.
"We have a broken system," White House press secretary Scott McClellan said Wednesday. "It needs to be fixed and it needs to be addressed in a comprehensive way."
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choppy AKA (in the Army)
01-07 01:48 AM
Check this http://shusterman.com/pdf/obama907.pdf
Obama places more importance on family ties...not on EB categories.
somebody needs to remind him that just because he came thru a family tie...doesnt make it a ideal thing.
wanna be a family guy in USA...& its pitiful.
Obama places more importance on family ties...not on EB categories.
somebody needs to remind him that just because he came thru a family tie...doesnt make it a ideal thing.
wanna be a family guy in USA...& its pitiful.
more...
piperwarrior
07-23 05:09 PM
EB-2, National Interest Waiver, Indian
I-140 and I-485 applied together
RD: 9/30/05 (VSC, transferred to NSC)
ND: 10/16/05
PD: 9/30/05
FP: Initially done in Dec 05, then did it again in May 07 (not sure why twice)
AD: 7/23/07
I got the e-mail today as well. My PD is Sep 2005 and my I-485 receipt date was Sep 30, 2005.
I-140 and I-485 applied together
RD: 9/30/05 (VSC, transferred to NSC)
ND: 10/16/05
PD: 9/30/05
FP: Initially done in Dec 05, then did it again in May 07 (not sure why twice)
AD: 7/23/07
I got the e-mail today as well. My PD is Sep 2005 and my I-485 receipt date was Sep 30, 2005.
chanduv23
08-03 11:16 PM
^^^^^^^^^^
Please navigate to the following threads and do the action items
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
Please navigate to the following threads and do the action items
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
more...
Lisap
10-03 04:20 PM
Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).
Please forgive me for asking this..... but can someone please explain to me what you mean by wasted visa numbers? How is it even possible with all the backlogs and the caps on categories for uscis not to be able to use all of the visa numbers? I would love for someone to explain this to me! Thank you in advance.
We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).
Please forgive me for asking this..... but can someone please explain to me what you mean by wasted visa numbers? How is it even possible with all the backlogs and the caps on categories for uscis not to be able to use all of the visa numbers? I would love for someone to explain this to me! Thank you in advance.
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TomPlate
07-05 02:14 PM
All can file I-485 now. please go through this link.
http://www.murthy.com
http://www.murthy.com
more...
vparam
07-21 10:46 AM
Currently it takes about 80-90 days for EAD when the 485 was just trickle, with the june filers it was expected to become more towards 90 days +. based on that with deluge of applications it will take around 6 months for july filers.
please note most of the post June 15th to June 30th filers are yet to get the reciepts. it takes approximately a month from then to get FP. which means that even june filers will get FP into late august september. With the FP being code 3 that is what kicks off the EAD.
So it is just that instead of being in one line the july filers will move into another line... but the good is that recent H4 people will not suffer years of waiting like the early PD people who have been waiting for years to be in EAD to get a job.
please note most of the post June 15th to June 30th filers are yet to get the reciepts. it takes approximately a month from then to get FP. which means that even june filers will get FP into late august september. With the FP being code 3 that is what kicks off the EAD.
So it is just that instead of being in one line the july filers will move into another line... but the good is that recent H4 people will not suffer years of waiting like the early PD people who have been waiting for years to be in EAD to get a job.
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TO BE OR NO TO BE
10-19 01:03 PM
Hello,
My wife's NJ license expired too and so was her EAD last month when we went for License renewal (Sept 2010). We had already applied for her EAD renewal which was in process a couple of days before we went.
It was renewed till Feb of 2011.
I would suggest you to take the following along with other stuff (to make up the 6-point ID):
1. Whatever I-94 that is attached in your PP.
2. Your expired EAD card.
3. Your EAD renewal receipt.
4. Just take along H-1B renewal receipt too (but it will not be of any help really).
We went to Wayne DMV in Passaic county (NJ).
Hope you get your license back soon.
Hi
I went to DMV this morning in Monmouth County, they reluctantly gave me a three months license till mid Jan 2011. I will have to wait till either EAD or H-1B to come back before that.
Thank you very much!
My wife's NJ license expired too and so was her EAD last month when we went for License renewal (Sept 2010). We had already applied for her EAD renewal which was in process a couple of days before we went.
It was renewed till Feb of 2011.
I would suggest you to take the following along with other stuff (to make up the 6-point ID):
1. Whatever I-94 that is attached in your PP.
2. Your expired EAD card.
3. Your EAD renewal receipt.
4. Just take along H-1B renewal receipt too (but it will not be of any help really).
We went to Wayne DMV in Passaic county (NJ).
Hope you get your license back soon.
Hi
I went to DMV this morning in Monmouth County, they reluctantly gave me a three months license till mid Jan 2011. I will have to wait till either EAD or H-1B to come back before that.
Thank you very much!
more...
pappu
08-15 12:43 PM
more op-eds
http://immigrationvoice.org/forum/showthread.php?t=1442
alterego, could you send me your contact email id and name
===
http://immigrationvoice.org/forum/showthread.php?t=1442
alterego, could you send me your contact email id and name
===
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blackberry
07-05 03:03 PM
Sent email to GA senators.
http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=GA
--
BB
http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=GA
--
BB
more...
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Green.Tech
06-04 11:51 PM
Folks, the bills are going to be taken to the next level soon...We don't have much time....Please contribute financially for this cause so we can all get GC's sooner than later...
Who knows when our next opportunity will come!
Who knows when our next opportunity will come!
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smuggymba
08-12 12:42 PM
In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.
TCS used to do that 10 years ago, Infy never did it to the best of my knowledge.
TCS used to do that 10 years ago, Infy never did it to the best of my knowledge.
more...
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smuggymba
08-12 03:01 PM
yawnnnnnnnn...... i'm waiting for someone to start attacking & blaming others for this...... something like andra v/s tamil or north v/s south india fight..... when r we going to start that..... i'm ready with a box of popcorn to enjoy that "debate"..... lets add some masala to this.... otherwise its boring.....
didn't u get ur GC by now with a Feb 05 PD? Spare us man.
didn't u get ur GC by now with a Feb 05 PD? Spare us man.
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santb1975
05-23 10:21 PM
??
more...
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gc_wow
02-19 10:40 PM
The chances are very good that EB2-I, will move fast this year untill sept 2009,Row EB2 and EB1 will be slowed down because of economy,EB4 is already current and over flow from FB category may provide some more visas.
But the risks are USCIS indiscriminately and irrationally sits on applications with out approving them and for most of the July 2007 filiers finger prints has expired but USCIS is not sending finger printing notices.
But the risks are USCIS indiscriminately and irrationally sits on applications with out approving them and for most of the July 2007 filiers finger prints has expired but USCIS is not sending finger printing notices.
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gccube
07-18 03:55 PM
That requires sorting of the application by PD. But the SOP does not mention anywhere about the PD Sorting. I am sorry for you guys.
Assuming that the PD cut off date for a specific stream is 2004 Aug and there are still visa nos available but there are not enough application (can this ever happen for real) what are they going to do? They move the PD further up and whenever the pool is depleting they move it back again?
Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.
In such a case the PD lost all it's significance once the adjustment of status if filed?
If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.
Or May be I am missing something......
Assuming that the PD cut off date for a specific stream is 2004 Aug and there are still visa nos available but there are not enough application (can this ever happen for real) what are they going to do? They move the PD further up and whenever the pool is depleting they move it back again?
Assuming they move back the PD to 2000 after they ran out of the nos they start accepting AOS apps for that PD but they donot look at them (for adjudication) until the queue before is cleared based on the receipt date.
In such a case the PD lost all it's significance once the adjustment of status if filed?
If receipt date is the only significant date after AOS is filed then retrogressing to a specified date does not make sense as there is no need to accept new applications if they are not going to work on them and particularly when they know the current size of the queue.
Or May be I am missing something......
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mbawa2574
09-17 08:55 PM
There cannot be partners for LLC located internationally ?
mxh72c
07-11 07:26 AM
This bulletin does prove that very few labor certificaions were done in 2005, due to move to PERM.
yoda
09-12 12:18 PM
Pick whatever you like and feel comfortable with. Post it here so we know.
I will work on Washington Post and New York Times. Then, I will work on Associated Press and Reuters.
gsc999 and Franklin should work on Mercury News and San Francisco Chronicle. I think they have a DC office.
First, I have to come up with a sexy letter!
If you are considering national media, please cover Boston Globe as well. I was about to coordinate this with the MA team, but if you can do this, please let us know.
I will work on Washington Post and New York Times. Then, I will work on Associated Press and Reuters.
gsc999 and Franklin should work on Mercury News and San Francisco Chronicle. I think they have a DC office.
First, I have to come up with a sexy letter!
If you are considering national media, please cover Boston Globe as well. I was about to coordinate this with the MA team, but if you can do this, please let us know.
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