ashkam
01-30 02:54 PM
So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?
If you are I-485 pending, you are not out of status regardless of whether you have a job or not.
If you are I-485 pending, you are not out of status regardless of whether you have a job or not.
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alisa
01-18 08:40 PM
I am fed up of the blissful ignorance that is so characteristic of so many EB-based retrogressed folks.
Why should I care about this forum? Why should I contribute? Tell me what is wrong with me just sitting on my butt, and looking at Visa bulletins every month if
1) I am an Indian with EB-3 PD of Jun 2002 or later
2) I am an Indian with EB-2 PD after Jan 2005.
3) I am ROW with EB-3 PD of 2003
4) I am ROW with EB-2. (Ok. Here you can't convince me.)
Any other categories I am missing.
Post numbers, facts, figures, analysis. We will condense it to something marketable, so I can send it to people like us, and get them to participate.
BTW, I am ROW EB-3 with an expected, I am hoping, PD of 1Q 2007.
Why should I care about this forum? Why should I contribute? Tell me what is wrong with me just sitting on my butt, and looking at Visa bulletins every month if
1) I am an Indian with EB-3 PD of Jun 2002 or later
2) I am an Indian with EB-2 PD after Jan 2005.
3) I am ROW with EB-3 PD of 2003
4) I am ROW with EB-2. (Ok. Here you can't convince me.)
Any other categories I am missing.
Post numbers, facts, figures, analysis. We will condense it to something marketable, so I can send it to people like us, and get them to participate.
BTW, I am ROW EB-3 with an expected, I am hoping, PD of 1Q 2007.
zen
04-06 08:55 PM
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
well if the employer is not supporting you ..then maybe the IO does have the authority to refuse ?? (well assuming that these cases are correct ..then I guess we can assume that IO has recd instructions from his superiors) it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
well if the employer is not supporting you ..then maybe the IO does have the authority to refuse ?? (well assuming that these cases are correct ..then I guess we can assume that IO has recd instructions from his superiors) it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
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vin13
11-10 11:07 PM
Guys..
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
more...
pappu
12-26 03:41 PM
6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle.....
So if you travel to India and change planes in Paris you need a transit visa!!
What other countries do that and what countries allow without the visa? this information will be helpful.
So if you travel to India and change planes in Paris you need a transit visa!!
What other countries do that and what countries allow without the visa? this information will be helpful.
vin13
02-28 11:18 AM
I may be able to help get air tickets to a couple of individuals.
Please PM me with your Name, phone number, and good time to reach (with time zone) if you are in need of air ticket help for the advocacy event.
Thanks
Please PM me with your Name, phone number, and good time to reach (with time zone) if you are in need of air ticket help for the advocacy event.
Thanks
more...
looivy
06-11 10:36 PM
Emaied IL senator and will snail mail as well. Same for my spouse.
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Dhundhun
01-19 03:50 AM
The reason I am asking is, in FL, recently I tried to take color copies of my passport in Staples, where I was not allowed to take photocopies of passport which was clearly labeled on copy machine and same thing at Kinko's and I wonder how you managed to get color copies.. (sorry folks my questions was way out from the main topic of this post).
Color photocopy of passport, immigration documents, currency notes, etc. (a list of 8-10 items) are totally illegal in USA. You may face legal consequences. I have color copiers both photo and laser. User manual clearly states that.
I am not sure why B/W copy could be illegal. Most of univerisities recommend students to keep a photocopy of immigration documents safely. See these sites
http://www.beloit.edu/~oie/int_students/f-1_maintain_status.html.
http://www.isso.cornell.edu/immigration/f1/f1.php
http://www.beloit.edu/~oie/int_students/f-1_maintain_status.html
http://iso.truman.edu/index.php?type=current&id=f1
These photocopies are supposed to be kept safely and seperately from originals and supposed be used for requesting replacement while originals are lost. These photocopies are not supposed to be shown to anybody else otherwise. Trying showing photocopies to govt. officials such as police, dmv, immigration officers, etc. - there will be questions on this. But when requesting replacement of a lost I20 or a lost passport by providing a photocopy of original, question related to photocopy (B/W) will not be asked.
Color photocopy of passport, immigration documents, currency notes, etc. (a list of 8-10 items) are totally illegal in USA. You may face legal consequences. I have color copiers both photo and laser. User manual clearly states that.
I am not sure why B/W copy could be illegal. Most of univerisities recommend students to keep a photocopy of immigration documents safely. See these sites
http://www.beloit.edu/~oie/int_students/f-1_maintain_status.html.
http://www.isso.cornell.edu/immigration/f1/f1.php
http://www.beloit.edu/~oie/int_students/f-1_maintain_status.html
http://iso.truman.edu/index.php?type=current&id=f1
These photocopies are supposed to be kept safely and seperately from originals and supposed be used for requesting replacement while originals are lost. These photocopies are not supposed to be shown to anybody else otherwise. Trying showing photocopies to govt. officials such as police, dmv, immigration officers, etc. - there will be questions on this. But when requesting replacement of a lost I20 or a lost passport by providing a photocopy of original, question related to photocopy (B/W) will not be asked.
more...
123Wait
12-22 11:06 AM
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Did you apply 140/485 to NSC or TSC? Did your lawyer know about this?
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Did you apply 140/485 to NSC or TSC? Did your lawyer know about this?
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desi3933
02-11 07:40 PM
If someone port their EB3 i-485 to EB2, say somebody who's PD is in 2002.
Does his Visa number go waste or it will be re-used for another case.
this is with presumption that the cases are pre-adjudicated
Visa number is considered used only when I-485 is approved or immigrant visa is approved at US consulate.
Visa number is NOT allocated if I-485 is pre-adjudicated. Pre-adjudicated means that application can be approved but due to lack of visa number it must wait.
____________________
Not a legal advice.
Does his Visa number go waste or it will be re-used for another case.
this is with presumption that the cases are pre-adjudicated
Visa number is considered used only when I-485 is approved or immigrant visa is approved at US consulate.
Visa number is NOT allocated if I-485 is pre-adjudicated. Pre-adjudicated means that application can be approved but due to lack of visa number it must wait.
____________________
Not a legal advice.
more...
akred
02-21 10:58 AM
How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.
Not that i want to. just out of curiosity. thanks
1. If you want to use experience gained on the job at the same employer, then have your employer file a new labor for a different job followed by an I140.
2. If you were EB2 qualified but your employer chose to file in EB3, then have the same employer file a new EB2 labor+I140.
3. Or if employer A originally filed an EB3 labor for you, and you are now qualified for EB2, change employers and have employer B file an EB2 labor+I140.
Not that i want to. just out of curiosity. thanks
1. If you want to use experience gained on the job at the same employer, then have your employer file a new labor for a different job followed by an I140.
2. If you were EB2 qualified but your employer chose to file in EB3, then have the same employer file a new EB2 labor+I140.
3. Or if employer A originally filed an EB3 labor for you, and you are now qualified for EB2, change employers and have employer B file an EB2 labor+I140.
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perm2gc
01-10 06:03 PM
volunteers to post in those above listed forums and sites
I started to post in those forums.Will update as i post.
I started to post in those forums.Will update as i post.
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GreenLantern
03-15 07:57 AM
Do something easier.
How about a vehicle, computer case, or a building.
How about a vehicle, computer case, or a building.
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fcres
07-24 05:08 PM
Good for you!
How he is going to send means waiting till RN or send without RN.
Please confirm.
I have RN, i'm a June filer
How he is going to send means waiting till RN or send without RN.
Please confirm.
I have RN, i'm a June filer
more...
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northstar
04-09 05:10 PM
there we go again..... becoz visa bulletin dates did no move.... all of a sudden it means uscis/dos is not doing their job?..... get a grip of u'r self.....
my date if 7th feb-05 & its just days away for over an year.... but i know that blaming uscis/dos won't do a shit for anyone..... becoz that's not where the problem is..... now don't throw bullshit at me.... saying uscis is not efficient blah blah blah..... if uscis is allocating 140K gc per year, that's good enough...... becoz its a wrong goal to setup 100% efficiency with uscis..... we all don't work with our employer 100% becoz we spend time scanning the web..... y do we expect uscis to work 100%....... for me uscis is doing their job if they allocate 140k gc per year...... period..... now stop this non-sense of blaming uscis/dos becoz that sets a wrong target..... the blame/fault for vb and backlog lies with the congress..... the least we can do is identify the source of the problem...... we do people here keep beating down on uscis & dos...... y r we do dumb.....
and all these questions is totally a waste of time...... in the end lets say u get 100% efficiency, what will it get u..... 7 more green cards for a backlog of 1 million..... how stupid is it to get totally blinded by this misguided meaningless talk for 7 visas for a million headless chickens.....
lets continue talking about uscis/dos..... who is next...:mad:
You don't like members blaming CIS, could have said in one line
my date if 7th feb-05 & its just days away for over an year.... but i know that blaming uscis/dos won't do a shit for anyone..... becoz that's not where the problem is..... now don't throw bullshit at me.... saying uscis is not efficient blah blah blah..... if uscis is allocating 140K gc per year, that's good enough...... becoz its a wrong goal to setup 100% efficiency with uscis..... we all don't work with our employer 100% becoz we spend time scanning the web..... y do we expect uscis to work 100%....... for me uscis is doing their job if they allocate 140k gc per year...... period..... now stop this non-sense of blaming uscis/dos becoz that sets a wrong target..... the blame/fault for vb and backlog lies with the congress..... the least we can do is identify the source of the problem...... we do people here keep beating down on uscis & dos...... y r we do dumb.....
and all these questions is totally a waste of time...... in the end lets say u get 100% efficiency, what will it get u..... 7 more green cards for a backlog of 1 million..... how stupid is it to get totally blinded by this misguided meaningless talk for 7 visas for a million headless chickens.....
lets continue talking about uscis/dos..... who is next...:mad:
You don't like members blaming CIS, could have said in one line
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BumbleBee
08-15 04:11 PM
Shocking !!!! :eek:
Not really, Everyone is numb after July Visa Bulletin fiasco. Sep bulletin is better than expected, better than August atleast ( there are some dates in each cell, instead of 'U' all over the map ).
Lets hope for Oct bulletin to bring a little bit of smile :rolleyes:
Beeeee
Not really, Everyone is numb after July Visa Bulletin fiasco. Sep bulletin is better than expected, better than August atleast ( there are some dates in each cell, instead of 'U' all over the map ).
Lets hope for Oct bulletin to bring a little bit of smile :rolleyes:
Beeeee
more...
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tjayant
11-21 09:45 PM
Correct me guys if this is worng, it is my undestanding i can convert from EB3 to EB2 from same employer or from another employer but retain the priroirty date, say i applied by GC under EB3 say in 2003, i can ask my employer to convert to EB2 or another employer can file a new application under EB2 using PERM and use the same priority date as EB3 while file the I485
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alterego
03-16 12:44 AM
A few things.
Ignoring folks who are full of themselves is the best way to make them go away.
There are many reasons why people with priority dates before 2004 are stuck in queue. Some I can think of are:
1) Backlog labors that were completed as recently as late last year.
2) Background check stuck applications.
3) Labor Subs which were allowed as recently as last summer.
4) EB3-EB2 cases, where PDs are transferred.
5) Other applications that cannot be approved due to time specific requirements such as physician NIW cases.
6) Some cases that just slipped through the cracks of USCIS inefficiency.
Many of the above causes are being/have been addressed, however their impact will be with us for some time yet, unless there is a visa recapture legislation to make up for the unused visas.
Ignoring folks who are full of themselves is the best way to make them go away.
There are many reasons why people with priority dates before 2004 are stuck in queue. Some I can think of are:
1) Backlog labors that were completed as recently as late last year.
2) Background check stuck applications.
3) Labor Subs which were allowed as recently as last summer.
4) EB3-EB2 cases, where PDs are transferred.
5) Other applications that cannot be approved due to time specific requirements such as physician NIW cases.
6) Some cases that just slipped through the cracks of USCIS inefficiency.
Many of the above causes are being/have been addressed, however their impact will be with us for some time yet, unless there is a visa recapture legislation to make up for the unused visas.
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gcnirvana
04-20 06:23 PM
We need at least 6 more volunteers for this task so that the volunteers already making the phone calls are not over-burdened. Please help this very important initiative.
If you would like to volunteer for this effort, please post or send me a private message.
I can make phone calls. Sent a PM
If you would like to volunteer for this effort, please post or send me a private message.
I can make phone calls. Sent a PM
sunty
11-11 10:28 AM
vin13,
I am aware getting participation from the members is a tough one. But when people will sense a hint of success, they will come.
The biggest example is IV itself. When Aman founded this, it was just a small website for people to discuss EB immigration issues facing them. Look at IV now.
Similarly, we have to start somewhere. Recapture and CIR are far dreams for now. At this point, if we can do anything to have any sort of respite, it would be a good thing...
I am aware getting participation from the members is a tough one. But when people will sense a hint of success, they will come.
The biggest example is IV itself. When Aman founded this, it was just a small website for people to discuss EB immigration issues facing them. Look at IV now.
Similarly, we have to start somewhere. Recapture and CIR are far dreams for now. At this point, if we can do anything to have any sort of respite, it would be a good thing...
kumar1
12-10 02:02 PM
There used to be a guy called VLDRAO.....self proclaimed DOS visa bulletin expert. Where is he these days? I would love to hear from him.
VLDRAO......save us!!!!!
VLDRAO......save us!!!!!
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