saimrathi
07-09 01:03 PM
Would you please elaborate if the flower campaign has hit any mainstream media like CNN, Fox etc?? Or just the TOI and other small covers? I just want to know how famous this has become.. Thanks.
The flower campaign is apparently working as far as the attention the issue is getting.
If we can manage to send at least 500-700 flowers to USCIS, that will create the kind of attention we want and it will bring the issue of retrogression again on the forefront in Washington DC.
PLEASE PLEASE send the flowers to USCIS director Emilio Gonzalez. For details on sending, address and the message on the message card, read this thread :
http://immigrationvoice.org/forum/showthread.php?t=6191
Thanks.
The flower campaign is apparently working as far as the attention the issue is getting.
If we can manage to send at least 500-700 flowers to USCIS, that will create the kind of attention we want and it will bring the issue of retrogression again on the forefront in Washington DC.
PLEASE PLEASE send the flowers to USCIS director Emilio Gonzalez. For details on sending, address and the message on the message card, read this thread :
http://immigrationvoice.org/forum/showthread.php?t=6191
Thanks.
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belmontboy
02-15 12:11 PM
Some American citizens/anti-immigrant will tell you you are taking their jobs with your H1.
For them, this is their country. All jobs should go to them rather than a foreigner like you.
What is your response for that ?
Much of the fuel for anti-immigrant community against H1B's have been hiring low wage worker over qualified American in the same area.
That's what is under the scanner. Once the abuses are addressed, anti-immigrants would run out of fuel.
Also a side effect of these could be Desi consultant employees getting better salary.
For them, this is their country. All jobs should go to them rather than a foreigner like you.
What is your response for that ?
Much of the fuel for anti-immigrant community against H1B's have been hiring low wage worker over qualified American in the same area.
That's what is under the scanner. Once the abuses are addressed, anti-immigrants would run out of fuel.
Also a side effect of these could be Desi consultant employees getting better salary.
vbkris77
07-02 12:55 PM
From what I remember, when we wrote to President Bush, only 5000 letters were sent.
I dont think a number like 50,000 could ever be reached.
That's why we couldn't solve all the admin related issues then. If we had significant volume, we could have had visa re-stamping done in USA and the list goes on.. Any ways, I don't mean to give numbers.. But as long as we are on the same page that volume speaks and we don't have enough at this point of time, I am good.
We need a mass movement to make an impact. They need to get frustrated with the letters and will have to give a press statement that they are reviewing the matter. As long as we can do that. I think we can get DOJ attention. If 5K members send letters 10 times in 2 months, I have no issue, as long as we can annoy them with letters for justice..
I dont think a number like 50,000 could ever be reached.
That's why we couldn't solve all the admin related issues then. If we had significant volume, we could have had visa re-stamping done in USA and the list goes on.. Any ways, I don't mean to give numbers.. But as long as we are on the same page that volume speaks and we don't have enough at this point of time, I am good.
We need a mass movement to make an impact. They need to get frustrated with the letters and will have to give a press statement that they are reviewing the matter. As long as we can do that. I think we can get DOJ attention. If 5K members send letters 10 times in 2 months, I have no issue, as long as we can annoy them with letters for justice..
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desi3933
06-29 05:52 PM
To so called "freedom figher"
Court cases are filed with legal basis. Not on emotional outburst.
I suggest that you spend your $100 to get an advice from lawyer on your "points" including the meaning for "We the People".
.
Court cases are filed with legal basis. Not on emotional outburst.
I suggest that you spend your $100 to get an advice from lawyer on your "points" including the meaning for "We the People".
.
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logiclife
02-01 02:27 PM
If I use my AP , what documents I need to carry? original 485 reciept? my original receipt is with lawer, he send me photocopy.
Its a good idea to have an original 485 receipt, but in my case, they did not ask for it and didnt see it. Not even photocopy.
Nonetheless ask your lawyer for 485 receipt and they should give you that. There is no reason for them to keep the original with themselves, they can keep the copy and give you original.
Its a good idea to have an original 485 receipt, but in my case, they did not ask for it and didnt see it. Not even photocopy.
Nonetheless ask your lawyer for 485 receipt and they should give you that. There is no reason for them to keep the original with themselves, they can keep the copy and give you original.
superdoc
09-23 07:50 AM
I think your plan may work out just fine. I would make a couple of suggestions:
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
FYI -- what is I-9 and what does the employer need to do for that?
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
FYI -- what is I-9 and what does the employer need to do for that?
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HawaldarNaik
10-11 01:02 PM
Significant movement in EB2, possibly back to September Bullietin dates i.e. Aug 2006
The only reason why the dates may stay where there are for this month according to me is due to the elections in first week of Nov where some USCIS employees may be used for
The only reason why the dates may stay where there are for this month according to me is due to the elections in first week of Nov where some USCIS employees may be used for
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vparam
10-19 01:43 AM
I have been now for 7 years and still waiting... my wife who graudated law with top honors in a top university in india and was pracicing with a leading corporate law firm joined me in US and to make it good we spent around $65K on her law school graduation here and then another 15K on bar exams preparations for NY and CA. She managed to pull through all this. we decided to have a baby and take care of her wihtout day care the 1st 2years. now my wife sits home since she cannot file a H1 though there are willing employers becuase she has stayed here for 6 years on h4 and my llabor filed 2001 was still in BEC.... what can i do... i left a Director job in fortune 50 company and joined as consultant so that i can make use of a pre-approved labor, then another regression happend and i am still waiting to file 485. I just want to let my wife to work for a couple of year and make use of the effort she spent in her US law school and bar exams and want to return back to India.... but when can i get that 2 years.....
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meridiani.planum
01-15 12:57 PM
my friend, pretty much every place in US in unsafe.
from the news: "The motive behind the killing is not known but Murthy, an official of the state-owned Bharast Sanchar Nigam Limited (BSNL), quoted Vishal's friends as saying that some African Americans shot him after an altercation. "
Not to disrespect the read, but people should realize what they are getting into before they get into arguments or brawl. This is not India.
yeah.. I was also thinking about this recently. In India if you get into a scrape its a punch (or two, or three) and people part ways. Here its likely (depending on where you are) the other person will draw a gun.
I tried to apply for a firearm license, but atleast in CA apparently they allow only citizens and permanent residents to apply for one. That sucks. For tax purposes I am a 'permanent resident', but not if I want a firearm to protect my family. The 2nd amendment applies only to citizens!!
So another reason to keep looking at the visa bulletins now. Once i get a GC I buy a house and get a gun. The american dream. ;-)
from the news: "The motive behind the killing is not known but Murthy, an official of the state-owned Bharast Sanchar Nigam Limited (BSNL), quoted Vishal's friends as saying that some African Americans shot him after an altercation. "
Not to disrespect the read, but people should realize what they are getting into before they get into arguments or brawl. This is not India.
yeah.. I was also thinking about this recently. In India if you get into a scrape its a punch (or two, or three) and people part ways. Here its likely (depending on where you are) the other person will draw a gun.
I tried to apply for a firearm license, but atleast in CA apparently they allow only citizens and permanent residents to apply for one. That sucks. For tax purposes I am a 'permanent resident', but not if I want a firearm to protect my family. The 2nd amendment applies only to citizens!!
So another reason to keep looking at the visa bulletins now. Once i get a GC I buy a house and get a gun. The american dream. ;-)
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gc_chahiye
09-21 11:41 PM
interesting idea...
but somehow, the idea of the brains going down a drain is... eeks... I wish this was called "reverse intellectual migration" or something to that effect...
but somehow, the idea of the brains going down a drain is... eeks... I wish this was called "reverse intellectual migration" or something to that effect...
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wahwah
09-14 05:13 PM
give 2 or 3 months and ROW EB2 will go back to Jan. 2007 or March 2007.
we'll revisit this thread later again.
Total number of application will have no impact on ROW (number of application from ROW will have impact on that category), which i think will be very limited.
we'll revisit this thread later again.
Total number of application will have no impact on ROW (number of application from ROW will have impact on that category), which i think will be very limited.
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superdoc
09-19 04:44 PM
Not entirely true, I switched job a couple of months ago - filed for AC21. I got an acknowledgment from USCIS for the same - stating that it will be added to my file, to be reviewed when my application is processed.
did u transfer h1 thoough ?
did u transfer h1 thoough ?
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McLuvin
04-07 04:13 PM
Thanks Karthik but I am just an MS :)
But one thin I enjoy is problem solving and this is one of the hardest out there as it is dynamic.
With Eb3 India the Horizontal spillover methodology kills most hope as there is the large Eb2 India backlog. In 2007(I think) the vertical spillover methodology was followed and Eb3 India got 17000 or so visa numbers. So with Horizontal spillover and no number increase I am sorry to say movement is limited.
Thanks AGS123, I was just trying to make fun out of the situation. Thanks for being a sport.
Well you might be logically rite... but u know with uscis each and every individual has the right to live in a world of unlimited fantasies ;)
BR
But one thin I enjoy is problem solving and this is one of the hardest out there as it is dynamic.
With Eb3 India the Horizontal spillover methodology kills most hope as there is the large Eb2 India backlog. In 2007(I think) the vertical spillover methodology was followed and Eb3 India got 17000 or so visa numbers. So with Horizontal spillover and no number increase I am sorry to say movement is limited.
Thanks AGS123, I was just trying to make fun out of the situation. Thanks for being a sport.
Well you might be logically rite... but u know with uscis each and every individual has the right to live in a world of unlimited fantasies ;)
BR
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ashokred
08-04 07:42 PM
Justaju jiski thi, usko to na paya humne..
Is bahane magar dekh li duniya humne.
what a timeless masterpiece!!!
gives me goosebumps everytime i listen to this!!!
Is bahane magar dekh li duniya humne.
what a timeless masterpiece!!!
gives me goosebumps everytime i listen to this!!!
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panky72
06-24 03:18 AM
There has been time check used to be payable to:
U.S. Department of Homeland Security - USCIS
Now at some places it is shortened to:
U.S. Department of Homeland Security
And at other places it is shortened to:
USCIS
I think, they are interchangeable.
On USCIS site: Fees should be made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services. refer to first dotted instruction of http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
It does not talk about putting US in front of Department of Homeland Security. Going exactly by USCIS instructions, lawyer did mistake - but it is OK.
Look at the PDF file for I-765 and I-131 Instructions from USCIS website (Checkout page 8)
http://www.uscis.gov/files/form/I-765instr.pdf
http://www.uscis.gov/files/form/I-131instr.pdf
Here is the relevant info from the USCIS instructions:
Use the following guidelines when you prepare your check or
money order for the Form I-765 fee:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States
and must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition
there, make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are filing
your petition there, make it payable to
Commissioner of Finance of the Virgin Islands.
U.S. Department of Homeland Security - USCIS
Now at some places it is shortened to:
U.S. Department of Homeland Security
And at other places it is shortened to:
USCIS
I think, they are interchangeable.
On USCIS site: Fees should be made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services. refer to first dotted instruction of http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
It does not talk about putting US in front of Department of Homeland Security. Going exactly by USCIS instructions, lawyer did mistake - but it is OK.
Look at the PDF file for I-765 and I-131 Instructions from USCIS website (Checkout page 8)
http://www.uscis.gov/files/form/I-765instr.pdf
http://www.uscis.gov/files/form/I-131instr.pdf
Here is the relevant info from the USCIS instructions:
Use the following guidelines when you prepare your check or
money order for the Form I-765 fee:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States
and must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition
there, make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are filing
your petition there, make it payable to
Commissioner of Finance of the Virgin Islands.
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xyzgc
01-14 08:18 PM
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. For them "Receive Date" is not what you see on your receipt, it is the date they physically received the case (thus if case is moved from one center to another, meaningful Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
Disagree, the reason you see lot of cases with (older PDs but later RDs) still awaiting approval is because when the PDs were current these cases were still not ripe (e.g: they were waiting name check clearance).
Some of them became ripe after the visa numbers were assigned to cases with later PDs and the visa numbers got over.
There are multiple queues in the system with a backlog at each queue, so some out of order processing cannot be ruled out.
If a PD of EB2-I 2003 is still pending, its because it was stuck in some other queue before it could even be assigned a visa number and by the time it cleared that queue, the visa numbers were all gone.
Bottomline, if your PD is not current, you won't be assigned a visa number, no matter what and if it is current it doesn't mean you'll immediately be assigned a visa number, unless of course your case has cleared everything else. With the reduction in FBI name check processing time and the BECs, one can hope the process is much more streamlined.
The main problem with USCIS is lack of proper prediction. If there are very few ripe cases currently in the pipeline, they immediately open the window too wide, not understanding is that there is deluge of cases with older PDs that will *soon* become ripe. That is where everything goes wrong - their prediction is either too conservative or too liberal.
However, I disagree that PDs cutoffs are not honored.
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
Disagree, the reason you see lot of cases with (older PDs but later RDs) still awaiting approval is because when the PDs were current these cases were still not ripe (e.g: they were waiting name check clearance).
Some of them became ripe after the visa numbers were assigned to cases with later PDs and the visa numbers got over.
There are multiple queues in the system with a backlog at each queue, so some out of order processing cannot be ruled out.
If a PD of EB2-I 2003 is still pending, its because it was stuck in some other queue before it could even be assigned a visa number and by the time it cleared that queue, the visa numbers were all gone.
Bottomline, if your PD is not current, you won't be assigned a visa number, no matter what and if it is current it doesn't mean you'll immediately be assigned a visa number, unless of course your case has cleared everything else. With the reduction in FBI name check processing time and the BECs, one can hope the process is much more streamlined.
The main problem with USCIS is lack of proper prediction. If there are very few ripe cases currently in the pipeline, they immediately open the window too wide, not understanding is that there is deluge of cases with older PDs that will *soon* become ripe. That is where everything goes wrong - their prediction is either too conservative or too liberal.
However, I disagree that PDs cutoffs are not honored.
more...
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vinodp1978
06-28 04:55 PM
If you had a approved 140, you'd get 3-year extensions. If it is pending, you could still get 1 year extension.
While I'm sure about this rule, you should check with the attorney.
I think its If pending...and labor approved 365 days before start date. I still need to check with my attorney. Also even if 140 is approved and dates are current i would not be able to extend.
While I'm sure about this rule, you should check with the attorney.
I think its If pending...and labor approved 365 days before start date. I still need to check with my attorney. Also even if 140 is approved and dates are current i would not be able to extend.
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nashorn
12-17 01:59 PM
buddy...iv core are not magicians, they have lives too. so please stop asking for more. when you say "iv has the luxury" hopefully you mean all 25,000 who make up iv. the core is not iv. they are just volunteers already breaking their backs...
there are good reasons for the temporary stops to the checks. everything need not be publicly anounced. please leave it at that.
and while we are at it...we need help with the leg work...please complete your profile so we can get you involved with some of it...it would be great to have you as a volunteer!
With all due respect, the probelem I have with volunteers is that I don't think amtures can pull a job this big, you've got to have profesionals, somethng like a compain maneger.
I admire the courage of your guys, and think the goal is fantastic. But the way it goes, I don't see how it can be achieved.
I've learned a great deal about immigration from the forum here. I very much appreciate it. I try to give back by answering questions others may have. I think IV has been doing a great job serving as that capacity.
But you guys want do something bigger. Well, you have faith in it, I don't, at least not now, neither many others. Maybe that is why you are still asking for money and volunteers.
there are good reasons for the temporary stops to the checks. everything need not be publicly anounced. please leave it at that.
and while we are at it...we need help with the leg work...please complete your profile so we can get you involved with some of it...it would be great to have you as a volunteer!
With all due respect, the probelem I have with volunteers is that I don't think amtures can pull a job this big, you've got to have profesionals, somethng like a compain maneger.
I admire the courage of your guys, and think the goal is fantastic. But the way it goes, I don't see how it can be achieved.
I've learned a great deal about immigration from the forum here. I very much appreciate it. I try to give back by answering questions others may have. I think IV has been doing a great job serving as that capacity.
But you guys want do something bigger. Well, you have faith in it, I don't, at least not now, neither many others. Maybe that is why you are still asking for money and volunteers.
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ags123
04-07 08:23 PM
Till 2007 that was how it was being interpretted and then suddenly DOS realised it should be by category and not by country of chargebility.
The earlier Eb1 ROW>Eb2 ROW>Eb3 ROW spillover is called vertical spillover
The current since 2008 spillover Eb1>Eb2>Eb3 regardless of country is called horizontal spillover.
However see in Horizontal spill over Eb2 India backlog takes of the numbers (14k in 2008)
In vertical spill over Eb3 India backlog takes the numbers(17k in 2007)
This is because Eb2 India or Eb3 India have older cases and spillover is given seemingly according to PD order.
So either method wont help Eb3 ROW. Its a double whammy.
The earlier Eb1 ROW>Eb2 ROW>Eb3 ROW spillover is called vertical spillover
The current since 2008 spillover Eb1>Eb2>Eb3 regardless of country is called horizontal spillover.
However see in Horizontal spill over Eb2 India backlog takes of the numbers (14k in 2008)
In vertical spill over Eb3 India backlog takes the numbers(17k in 2007)
This is because Eb2 India or Eb3 India have older cases and spillover is given seemingly according to PD order.
So either method wont help Eb3 ROW. Its a double whammy.
pani_6
06-18 11:31 AM
one years wait for EAD and AP..I thought they are supposed to give us EAD in 70-90 days according to some law??...
franklin
09-20 03:34 PM
Agreed - everyone, lets put this to rest.
I did not mean any offense to people who couldn't attend attend for valid reasons, more those that didn't care at all to help.
I did not mean any offense to people who couldn't attend attend for valid reasons, more those that didn't care at all to help.
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