slowwin
02-18 04:26 PM
this bill would allow to adjust status to GC, if you lived for the last 5 years continuously except for casual absence. It does not eliminate H1B, but makes it tougher at advertisement stage for EB.
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ArkBird
03-11 11:11 PM
More like KLPD :)
bigboy007
06-30 06:54 AM
Good question are u talking about G325A i dont know whether this is the right way but what i did is filled up another form with rest of details in table col as you might need to do this 4 times as they need four copies of same form , dont copy it though as bottom left no.s differ , may be others can suggest a better approach?
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gc_on_demand
03-10 04:46 PM
>> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.
Thanks MDix.
You have no idea. Have a good day, sir!
______________________
US citizen of Indian origin
This is another anti immigrant. Please ignore him
Thanks MDix.
You have no idea. Have a good day, sir!
______________________
US citizen of Indian origin
This is another anti immigrant. Please ignore him
more...
makemygc
07-05 09:56 AM
Immigration-law has reported that AILA has stopped taking any more plaintiffs for the lawsuit. What's IV stance on that? Does that mean if the lawsuit is settled in favor, only plaintiffs will get the benefit?
From Immigration-law.com:-
The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
From Immigration-law.com:-
The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
Macaca
04-04 03:53 PM
They have never said anything about GCs. If they have, show me where.
From here (http://www.ieeeusa.org/policy/issues/).
IEEE-USA will support public policies to ensure greater equity in the recruitment, utilization and compensation of US and foreign–born high tech workers. Priorities include:
Expediting visa processing for international researchers, scholars, teachers and students to travel and study in the U.S.
Reforming the H-1B and other non-immigrant (temporary) visa programs to prevent abuses, including displacement of US workers and underpayment of foreign workers.
Enacting legislation to facilitate the admission of foreign professionals with advanced degrees in science, technology, engineering and managerial fields as legal permanent residents.
From here (http://www.ieeeusa.org/policy/issues/).
IEEE-USA will support public policies to ensure greater equity in the recruitment, utilization and compensation of US and foreign–born high tech workers. Priorities include:
Expediting visa processing for international researchers, scholars, teachers and students to travel and study in the U.S.
Reforming the H-1B and other non-immigrant (temporary) visa programs to prevent abuses, including displacement of US workers and underpayment of foreign workers.
Enacting legislation to facilitate the admission of foreign professionals with advanced degrees in science, technology, engineering and managerial fields as legal permanent residents.
more...
immi2006
06-12 02:46 PM
i think most of us make excelletn candidates to become Senators :-) if not at least a good immigration lawyer..
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waitin_toolong
10-03 01:52 PM
that is the only ption to continue L status..but remember u can not use h1b ..and u have to apply again for h1b in next year quota....
wrong there, once counted against cap she is exempt for 6 years. she can use this approval if working for same employe get it stamped and enter on H1 any time. Or apply for COS with any other employer sponsoring H1.
To answer the original questions only two options.
1) depart and reeneter using L1
2) apply for COS (but a long process)
wrong there, once counted against cap she is exempt for 6 years. she can use this approval if working for same employe get it stamped and enter on H1 any time. Or apply for COS with any other employer sponsoring H1.
To answer the original questions only two options.
1) depart and reeneter using L1
2) apply for COS (but a long process)
more...
amsgc
07-19 12:06 AM
We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.
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prinive
02-21 10:22 AM
Thanks... But I dont think so it will happen... Any how if it happens, a bag of sugar for you...
Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.
Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.
more...
luckylavs
07-09 02:27 PM
any idea how long it will take for an outcome?
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WillIWin?
07-23 02:37 PM
Is there anyone like my case - concurrently submitting 140 and 485 who submitted WITHOUT current employment letter ?
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sureshj
06-08 02:18 PM
To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
I could'nt agree with gcdreamer more...
Consider this...
1. FBI, I believe, has 2 rookie analysts dedicated to processing name checks and I heard USCIS pays $25 per name check.
2. FBI has distributed databases in NY, CA, FL, etc. that are not networked. So they have to request name checks individually out of these databases.
3. Name check ranks least in their priority list.
4. FBI has increased their name check criteria from 2 (First name and Last Name) to, I think it is, 7 or 8 (part of the first name, part of the last name and few other combinations). This increases the chances of your name generating "hits" and falling into this blackhole.
In addition to the above FBI (which normally receives ~1.5m name check requests per year) received ~6m in 2003. They are still recovering from that deluge. So now you see what's causing the delay.
For USCIS this works out fine, since they rake in 15% of their annual revenue from EAD/AP renewals. They do not want to mess with this "free money" and reduce the processing time. And to top it all they can transfer the blame on FBI.
In addition, to secure this "money train" USCIS cleverly issued a public memo earlier this year indicating WOM cases will be fought in court. To most this would have seemed like the end of WOM, but it is not. Applicants have since filed and won these cases. However the memo probably had its' desired effect...to discourage a majority of the applicants from filing WOM.
I think USCIS has to be made accountable for the money they earn. The $25/name check is just not sufficient. More funding is necessary so that FBI can allocate more analysts to the job and also upgrade their IT infrastructure. Excuses such as "ball is in FBI's court" is just not acceptable. "Conditional Green card" (as suggested by gcdreamer) is excellant idea to alleviate the problems the "name check" victims face over the ~2 to 4 years they spend in this blackhole.
PS: Just in case you are not aware of Senator Obama's initiative to address this problem here is a link where you can sign-up for whatever it is worth.
http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
I could'nt agree with gcdreamer more...
Consider this...
1. FBI, I believe, has 2 rookie analysts dedicated to processing name checks and I heard USCIS pays $25 per name check.
2. FBI has distributed databases in NY, CA, FL, etc. that are not networked. So they have to request name checks individually out of these databases.
3. Name check ranks least in their priority list.
4. FBI has increased their name check criteria from 2 (First name and Last Name) to, I think it is, 7 or 8 (part of the first name, part of the last name and few other combinations). This increases the chances of your name generating "hits" and falling into this blackhole.
In addition to the above FBI (which normally receives ~1.5m name check requests per year) received ~6m in 2003. They are still recovering from that deluge. So now you see what's causing the delay.
For USCIS this works out fine, since they rake in 15% of their annual revenue from EAD/AP renewals. They do not want to mess with this "free money" and reduce the processing time. And to top it all they can transfer the blame on FBI.
In addition, to secure this "money train" USCIS cleverly issued a public memo earlier this year indicating WOM cases will be fought in court. To most this would have seemed like the end of WOM, but it is not. Applicants have since filed and won these cases. However the memo probably had its' desired effect...to discourage a majority of the applicants from filing WOM.
I think USCIS has to be made accountable for the money they earn. The $25/name check is just not sufficient. More funding is necessary so that FBI can allocate more analysts to the job and also upgrade their IT infrastructure. Excuses such as "ball is in FBI's court" is just not acceptable. "Conditional Green card" (as suggested by gcdreamer) is excellant idea to alleviate the problems the "name check" victims face over the ~2 to 4 years they spend in this blackhole.
PS: Just in case you are not aware of Senator Obama's initiative to address this problem here is a link where you can sign-up for whatever it is worth.
http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1
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nojoke
09-18 10:54 PM
Reading the posts about the economy has just shown me how ignorant many of the IV members are.
The economy is just going through it's ~10-year cycle. While it is a concern, it is NOT the end of the world. It just strenghtens USA's position in the world. Once again, it has proved that "if USA sneezes, the world catches the cold". The 10-years economic cycle follows a kind of Darwin's Law of the Fittest. The firms that are bubbled up get washed away, the economy cleans up and rebounds back. The 1990s saw it, the year ~2001 saw it with the dot.com burst and ~2009-2010 is seeing it with the mortgage burst.
While it is each one's perogative as to what you want to invest into (good time to buy stocks, or buy gold), another thing to understand is FDIC does NOT insure just 100K per account in each bank. There are multiple ways to increase this insurance to over $2 million in the same bank by opening different type of accounts or having different beneficiaries. Consult your bank for details.
No amount of govt. intervention can change the economy. It has it's own mind and will take it's own course.
There is no need to panic, pack and run.
Let the economy go through it's colon flush.
Everybody understands that we get this ups and down. The cycles once in a while gets bad. Very bad. We had great depression. This could be a great depression for the financial market. Lehman, which has survived 150 years and many economic cycles closed 2 days ago. So did Bear strerns fold. The dotcom bubble is what - 100 billion max? 200 billion? Here we are talking about trillion dollars.
FDIC has only 50 billion. It can cover a big bank like washington mutual. Can it take another big bank? Wachovia?
This time it is not going to strengthen US position. China is talking about creating a separate world currency and they are not happy with US currency. If china dumps, dollars, a lot of countries will follow.
This is just financial institues. It will have ripple effect on rest of the economy.
FDIC doesn't protect more than 100K if you open different accounts in the same bank. However joint accounts and beneficiary can get you protected for 200K.
The economy is just going through it's ~10-year cycle. While it is a concern, it is NOT the end of the world. It just strenghtens USA's position in the world. Once again, it has proved that "if USA sneezes, the world catches the cold". The 10-years economic cycle follows a kind of Darwin's Law of the Fittest. The firms that are bubbled up get washed away, the economy cleans up and rebounds back. The 1990s saw it, the year ~2001 saw it with the dot.com burst and ~2009-2010 is seeing it with the mortgage burst.
While it is each one's perogative as to what you want to invest into (good time to buy stocks, or buy gold), another thing to understand is FDIC does NOT insure just 100K per account in each bank. There are multiple ways to increase this insurance to over $2 million in the same bank by opening different type of accounts or having different beneficiaries. Consult your bank for details.
No amount of govt. intervention can change the economy. It has it's own mind and will take it's own course.
There is no need to panic, pack and run.
Let the economy go through it's colon flush.
Everybody understands that we get this ups and down. The cycles once in a while gets bad. Very bad. We had great depression. This could be a great depression for the financial market. Lehman, which has survived 150 years and many economic cycles closed 2 days ago. So did Bear strerns fold. The dotcom bubble is what - 100 billion max? 200 billion? Here we are talking about trillion dollars.
FDIC has only 50 billion. It can cover a big bank like washington mutual. Can it take another big bank? Wachovia?
This time it is not going to strengthen US position. China is talking about creating a separate world currency and they are not happy with US currency. If china dumps, dollars, a lot of countries will follow.
This is just financial institues. It will have ripple effect on rest of the economy.
FDIC doesn't protect more than 100K if you open different accounts in the same bank. However joint accounts and beneficiary can get you protected for 200K.
more...
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arnab221
03-18 07:57 PM
On a lighter note .
The USCIS has a 4 year full time course for understanding PD's and restrogression . It is called BPD&R ( Bachelor of Priority Dates and Retrogression ) . This degree is recognised only by the in the US and H1b's are also granted based on this course .There is no education evaluation needed.
You could also do an MBPD&R and leads to Phd also . You could then join the USCIS and set PD's for the countries .
The USCIS has a 4 year full time course for understanding PD's and restrogression . It is called BPD&R ( Bachelor of Priority Dates and Retrogression ) . This degree is recognised only by the in the US and H1b's are also granted based on this course .There is no education evaluation needed.
You could also do an MBPD&R and leads to Phd also . You could then join the USCIS and set PD's for the countries .
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sheela
10-16 10:14 AM
Guys,
Someone left a red dot on post with message: " tells of your lack of ideas".
I never said that this is the only option left and we have to do this. This was one of the proposal / suggestion. We welcomed other suggestions too! What I wanted and I still want is to do something, I wanted to have a brain storming so that we can come up with some better positive idea. This is not new. We had similar hurdles when tried to request people to promote HR 5882 and other events.
Above note is a sign of complete loser. This type of people don't have guts to come up in front and express their views because they really don't have guts to do anything. I am not ashamed that I proposed flower campaignwhere there are other possibly better options available.
I still strongly believe that doing something is always better than cursing something who is trying to do something or doing nothing.
Seriously, its not illegal lobbies that we are more threatened by. Its our own people.
I agree we need to do something big to end never-ending regression.
Let us organise:
"WORK-ROUND-THE-CLOCK non-stop for 24 hours"
This will generate lot of interest in media for the hard-working immigrant community
It will get us support from our Employers/Managers & hurt none
It is easy to organise at institution level- be it University, Hospitals/Corporate sector or R&D. I believe participation & effect will be much more than we expect. With little publicity -It may become a news of the day
I tell you what= during our doctoral studies at a prestigious institute in india. we did this and it really worked
WE can do some polling here and select a date for this event. I may say: Let us start this non-stop event a day-before THANKSGIVING DAY and end on the morning of thanksgiving day.
Someone left a red dot on post with message: " tells of your lack of ideas".
I never said that this is the only option left and we have to do this. This was one of the proposal / suggestion. We welcomed other suggestions too! What I wanted and I still want is to do something, I wanted to have a brain storming so that we can come up with some better positive idea. This is not new. We had similar hurdles when tried to request people to promote HR 5882 and other events.
Above note is a sign of complete loser. This type of people don't have guts to come up in front and express their views because they really don't have guts to do anything. I am not ashamed that I proposed flower campaignwhere there are other possibly better options available.
I still strongly believe that doing something is always better than cursing something who is trying to do something or doing nothing.
Seriously, its not illegal lobbies that we are more threatened by. Its our own people.
I agree we need to do something big to end never-ending regression.
Let us organise:
"WORK-ROUND-THE-CLOCK non-stop for 24 hours"
This will generate lot of interest in media for the hard-working immigrant community
It will get us support from our Employers/Managers & hurt none
It is easy to organise at institution level- be it University, Hospitals/Corporate sector or R&D. I believe participation & effect will be much more than we expect. With little publicity -It may become a news of the day
I tell you what= during our doctoral studies at a prestigious institute in india. we did this and it really worked
WE can do some polling here and select a date for this event. I may say: Let us start this non-stop event a day-before THANKSGIVING DAY and end on the morning of thanksgiving day.
more...
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raj2007
12-20 08:33 PM
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
You are OK.. they problem should have come in 2002 when you changed ur H1B not now and max they will ask for 3 year W2. Don't worry..everything is fine.
You are OK.. they problem should have come in 2002 when you changed ur H1B not now and max they will ask for 3 year W2. Don't worry..everything is fine.
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kumarc123
03-12 10:43 AM
$25 a month is reasonable. What people want it GC in $25 in less than 6 months. Somehow these same guys do not mind paying lawyers $700 for EAD filing which they could do themselves. In other words they trust lawyers who are clearly have a self interest in you not getting a GC but will not trust one of your kind because these guys think their crummy $25 is being flinched.
At least the money is put to some use and results are tangible, how about the results in here?
Refer to my posts.
IV core needs to explain!
At least the money is put to some use and results are tangible, how about the results in here?
Refer to my posts.
IV core needs to explain!
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GC_SUCK
08-15 11:03 PM
I am wondering what part RD will paly in this new visa bulletin. In may case, I have PD of April 2002 (EB3-ROW) but RD of March 2007.
I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?
That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.
I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?
That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.
pappu
07-24 10:56 AM
I will try to dig out the actual memo. But this is from the oh law firm page:
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
varshadas
01-31 10:01 AM
Please let me know if we can have a conference call tonight to finalize the flyer. We have to close out the flyer today.
Thanks,
Varsha
Thanks,
Varsha
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