snhn
06-13 02:53 PM
Ok, My PD is Oct 2001 .EB3 pending labo9r in dallas backlog center. 45 day letter received in Jan of this year. No more conresspondence so far. However my company filed PERM EB3 it got approved and now the I140 is approved as well. My PD is up for the old labor. Is there anyways, I can use PERM approved I140 and apply for 1485.
Thansk!
Thansk!
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eb3_nepa
05-14 09:55 AM
Maybe IV should Link to each new VB and put it on the home page ;) This will avoid 4 threads being created each time a VB is out!:p
abracadabra102
07-29 05:58 PM
By now its almost evident that the CR's for retrogression, per country limit. and STEM related degrees are actually are not going anywhere. Understandably it was CHC (Congressional Hispanic Caucus) and republican leadership that blocked the road to legal immigration relief.
Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.
So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.
So do we:
1. Completely oppose amnesty to illegals immigrants currently living in USA
2. Support amnesty to illegals immigrants currently living in USA
3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.
Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.
I do not think we need to speak for or against illegal immigrants. We should try to gain some mileage out of our legal status and try to convince law makers to place us ahead of illegal immigrants in the GC queue, if and when US chooses to legalize them.
Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.
So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.
So do we:
1. Completely oppose amnesty to illegals immigrants currently living in USA
2. Support amnesty to illegals immigrants currently living in USA
3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.
Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.
I do not think we need to speak for or against illegal immigrants. We should try to gain some mileage out of our legal status and try to convince law makers to place us ahead of illegal immigrants in the GC queue, if and when US chooses to legalize them.
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Lucky7
12-04 09:22 PM
[QUOTE=GCwaitforever]That is somewhat slavish mentality. For a different perspective ... In the words of Curt Flood, "A well-paid slave is nonetheless a slave".
I think you hit the nail on the head GC,even though i get paid very nicely i honestly feel like a slave every single day for the past 6 yrs.
The last job i had to turn down was with a fortune 100 company and would have got to work on retrofit work on the Petronas Towers,every Architects dream, but had to turn it down because i cant travel till i get my GC cleared.
As far as a lawsuit i think if DOL does not clear all cases by end of 2007 all people affected should donate $300 towards a class action lawsuit,people who can afford more should donate more obviously,and even if it does not achieve much at least it would get pulblic attention.
I think you hit the nail on the head GC,even though i get paid very nicely i honestly feel like a slave every single day for the past 6 yrs.
The last job i had to turn down was with a fortune 100 company and would have got to work on retrofit work on the Petronas Towers,every Architects dream, but had to turn it down because i cant travel till i get my GC cleared.
As far as a lawsuit i think if DOL does not clear all cases by end of 2007 all people affected should donate $300 towards a class action lawsuit,people who can afford more should donate more obviously,and even if it does not achieve much at least it would get pulblic attention.
more...
Desertfox
04-06 04:39 AM
I found this in another website:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"
Good find! I have never seen such a thorough explanation about the EB process backlog/delay from USCIS. Something has definitely changed after our ex governor Janet Napolitano became the DHS secretary.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"
Good find! I have never seen such a thorough explanation about the EB process backlog/delay from USCIS. Something has definitely changed after our ex governor Janet Napolitano became the DHS secretary.
LostInGCProcess
08-25 12:33 PM
>> even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Yes. But she may need to use EAD in that case. Please check with your lawyer.
_________________
Not a legal advise.
Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.
Yes. But she may need to use EAD in that case. Please check with your lawyer.
_________________
Not a legal advise.
Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.
more...
gc_wannabe
06-17 09:12 PM
TOTALLY unknown...
No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.
So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.
Cheers
ArkBird
Thank you.
No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.
So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.
Cheers
ArkBird
Thank you.
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nrk
02-02 01:04 PM
Congrats.... :)
Finally after nine years in US my Green Card is approved.
On this very day in 2001 i was in flight to USA
1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.
For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)
I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.
Thanks
Finally after nine years in US my Green Card is approved.
On this very day in 2001 i was in flight to USA
1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.
For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)
I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.
Thanks
more...
Libra
07-30 02:57 PM
I can't believe you guys are still answering his question.......go to rally threads and contribute, admin i think we should close this thread now.
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nixstor
05-14 07:28 PM
This is totally ludacris to me. Even though the bulletin expects movement going forward, there is no assurance that the dates will not go back. On the flip side, I am wondering if USCIS/DOS wanted to fully utilize the 140K visas this year and just moved the dates too much ahead. If thats the case, the dates might not move again or retrogress back further. DOS official Oppenheimer mentioned that atleast 10-11k were wasted last year. I still feel that the dates are going to go back some time sooner or later without congressional law changes.
This means that we have to stay put and work towards our common goal of getting the system fixed.
This means that we have to stay put and work towards our common goal of getting the system fixed.
more...
meridiani.planum
06-15 11:10 PM
I have a masters degree in mechanical engineering and I have been working as a system analyst for the last 2 years, does anybody here can advise if I can apply for EB2?
If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
Has anyone else gone through this confusion? What are the things to keep in mind?
Is there a special need how the job requirement should be?
Please advise.
Thanks
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
Has anyone else gone through this confusion? What are the things to keep in mind?
Is there a special need how the job requirement should be?
Please advise.
Thanks
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
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aillarramendi
10-01 12:22 PM
Is the PD for AOS same than Consular Processing??
I'm asking because is supposed that they assign visas per country or not assign but is a limit of maximum 7% (I believe) of the visas per country.
So, if a person in EB3 with PD of July 2005 ROW (Rest of the World) applied for AOS in June 2007 and the USCIS approved the Green Card, why is that?
The PD is not current for EB3 ROW so, why the approved?
Is because the unused visas of the country was not completely used for consular processing and then the USCIS is using those visas for the same country but for AOS?
I don't understand why applications that are not current are getting GC approvals?
Thanks.
I'm asking because is supposed that they assign visas per country or not assign but is a limit of maximum 7% (I believe) of the visas per country.
So, if a person in EB3 with PD of July 2005 ROW (Rest of the World) applied for AOS in June 2007 and the USCIS approved the Green Card, why is that?
The PD is not current for EB3 ROW so, why the approved?
Is because the unused visas of the country was not completely used for consular processing and then the USCIS is using those visas for the same country but for AOS?
I don't understand why applications that are not current are getting GC approvals?
Thanks.
more...
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NKR
06-11 08:13 AM
I had to reclaim all the days that I was outside the country for my 7th year H1 Extension. I submitted photocopies of all the stampings on my passport. Please note that the passport will be stamped upon arrival here and upon departure/arrival in India. That should be sufficient evidence for proof your valid stay here.
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puvathoor
02-17 09:02 AM
Even if Charles did say that EB2 India / China will have a cut off date of Dec 2003, how come the lawyers did not question him on this logic?
EB2 India was U from Feb 2008... The way I (and most people) interpreted that was that all visas for FY 2008 were used up... The possibility of new visas was only through spillover from other categories (or recapture of unused visas from other years).
What's happening here that after being moved to Jan 2000 before becoming U in Feb, suddenly things are moving all the way to 2003.
While I would love for this to happen, this seems to be a very remote possibility.
EB2 India was U from Feb 2008... The way I (and most people) interpreted that was that all visas for FY 2008 were used up... The possibility of new visas was only through spillover from other categories (or recapture of unused visas from other years).
What's happening here that after being moved to Jan 2000 before becoming U in Feb, suddenly things are moving all the way to 2003.
While I would love for this to happen, this seems to be a very remote possibility.
more...
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masterji
05-23 08:18 PM
People do not earn Ph.D. for money. A Ph.D. gives you prestige and you literally stand tall in the crowd for the rest of your life. People call you 'Dr.', which has more value than anything. Most importantly faculties NEVER lose their jobs once they are tenured......NEVER. There is NOTHING in this universe that can fire a Professor (excepting criminal offenses, academic dishonesty etc.). They never fear that their employer will ill treat them, not pay them, yale at them etc. etc. It takes years of blood and sweat (and intelligence) to earn a Ph.D. Society treats them with reputation and not no mention they live a peaceful life (professionally) throughout their lives.
Perhaps so. Because most ones I know (faculty) are in EB1. Actually
a lot of denials can be appealed and they can get EB1. But often faculty
arent aggresive about it and are fine with EB2. Patience is a virtue all PhDs
have (live on 17K annual salary for 5 to 6 years followed by 1 year as post doc on around 30K) and you guys complain of 50K salary.
However not many Phd are awarded each year and the impact wont be much. STEM Masters/PhD along with using of unused previous quota will
make a significant impact.
However based on past experience I doubt the Hispanic caucus will
allow this to pass. H1B/EB reform is the sweetener for the amnesty bill
they want to pass. Allowing this to pass leaves the most politically toxic waste to be left behind for CIR.
However we should always try our best. Atleast they are taking of
EB reform now.
Perhaps so. Because most ones I know (faculty) are in EB1. Actually
a lot of denials can be appealed and they can get EB1. But often faculty
arent aggresive about it and are fine with EB2. Patience is a virtue all PhDs
have (live on 17K annual salary for 5 to 6 years followed by 1 year as post doc on around 30K) and you guys complain of 50K salary.
However not many Phd are awarded each year and the impact wont be much. STEM Masters/PhD along with using of unused previous quota will
make a significant impact.
However based on past experience I doubt the Hispanic caucus will
allow this to pass. H1B/EB reform is the sweetener for the amnesty bill
they want to pass. Allowing this to pass leaves the most politically toxic waste to be left behind for CIR.
However we should always try our best. Atleast they are taking of
EB reform now.
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eager_immi
01-31 01:44 PM
aren't u contradicting urself?
Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.
Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.
more...
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tnite
07-30 02:19 PM
I wouldnt be surprised if this thread is referenced by numbersusa and alipac.us as " H1B's using anchor babies to get Green cards"
They did have it in their fax campaign but removed it.
They did have it in their fax campaign but removed it.
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jeny
08-05 10:03 PM
the process of interviews. Can you please tell us how you are notified about a possible interview, how much time you have to prepare for the interview (15 day notice, 30day notice??), how one can postpone the interview (calling USCIS or need to send a letter) etc.
This will benefit members.
I came to know about my interview from the embassy web site and they send us pakage 4 also. Then we informed them by mail asking to postpond for 3 month. They confirmed the same. I am in India embassy is in New Delhi
This will benefit members.
I came to know about my interview from the embassy web site and they send us pakage 4 also. Then we informed them by mail asking to postpond for 3 month. They confirmed the same. I am in India embassy is in New Delhi
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Sakthisagar
10-14 10:32 AM
Source The OH law firm
The Oh Law Firm (http://www.immigration-law.com/)
10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?
The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.
The Oh Law Firm (http://www.immigration-law.com/)
10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?
The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.
lenbin
10-24 04:29 PM
h1 extension applied on july 14th on oct 19th approval notice sent..
aamchimumbai
09-02 06:35 PM
Folks,
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).
As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?
Thanks in advance for all your responses.
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).
As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?
Thanks in advance for all your responses.
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