kondur_007
09-15 11:17 AM
Hello,
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
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ChangingJobs
06-30 09:22 PM
Changingjobs:
You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.
Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.
You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.
I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.
Thanks a lot for the clear answer. This is very useful.
You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.
Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.
You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.
I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.
Thanks a lot for the clear answer. This is very useful.
anai
08-21 11:05 AM
PD Nov 2004
RD July 2 2007
ND Sep 2007
NSC, EB2-I
RD July 2 2007
ND Sep 2007
NSC, EB2-I
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BECsufferer
10-10 01:12 PM
Vactor29;
Yes they need proof of your being able to get back to USA. At my time, I didn't had EAD or AP in-hand.
You can use private company as mentioned below. As far as I know the company I contacted was based in DC and they said they only process for US citizens. So I had to do on my own thru Chicago consulate office of Germany.
All you need is proof that you shall get entry back in USA.
I got my German visa through www.visanetwork.com
They take some fee but would get Visa for you. They make sure all your papers are OK and would tell you what to do.
Yes they need proof of your being able to get back to USA. At my time, I didn't had EAD or AP in-hand.
You can use private company as mentioned below. As far as I know the company I contacted was based in DC and they said they only process for US citizens. So I had to do on my own thru Chicago consulate office of Germany.
All you need is proof that you shall get entry back in USA.
I got my German visa through www.visanetwork.com
They take some fee but would get Visa for you. They make sure all your papers are OK and would tell you what to do.
more...
kondur_007
07-01 03:22 PM
It is a difficult scenario. Chances are that it would be very difficult for your mom to ever prectice in US (not to discourage, but tell you the fact).
first one has to pass USMLE step 1, Step 2 (CK and CS) and get ECFMG certification (info at ECFMG� | Educational Commission for Foreign Medical Graduates (http://www.ecfmg.org))
Then apply for residency and get into the residency (which is extremely competitive, requires high USMLE scores and reference letters and if you are old grade, many programs do not consider you).
Then Do the three/four year residency and pass USMLE step 3, get the license.
Absolutely no way to practice medicine unless she goes through above path (experience and training in india does not matter; only thing that will matter is her MBBS (if from regonized college there) which will allow her to sit for USMLE).
Many doctors in your mom's situation come here and do some paramedical job (phelbotomist, physical therapist etc).
Good Luck.
first one has to pass USMLE step 1, Step 2 (CK and CS) and get ECFMG certification (info at ECFMG� | Educational Commission for Foreign Medical Graduates (http://www.ecfmg.org))
Then apply for residency and get into the residency (which is extremely competitive, requires high USMLE scores and reference letters and if you are old grade, many programs do not consider you).
Then Do the three/four year residency and pass USMLE step 3, get the license.
Absolutely no way to practice medicine unless she goes through above path (experience and training in india does not matter; only thing that will matter is her MBBS (if from regonized college there) which will allow her to sit for USMLE).
Many doctors in your mom's situation come here and do some paramedical job (phelbotomist, physical therapist etc).
Good Luck.
newbie2020
05-18 08:18 PM
For conditional GC the USC should make a joint application for his/her spouse for removal of conditional GC restrictions.
One of the important things with Conditional GC is to demonstrate that the Husband and Wife still have lots of family ties during the Adjustment of Conditional status, This would include showing the IO with proofs such as joint bank accounts, kids, utility bills etc......
If the spouse is being abused by the USC and provided there is adequate proofs for the same such as court restrain order, Police complaint etc At that time, one can file for a waiver of a joint application without the need for USC to make the application
It is always better to consult a Good immigration lawyer for Professional Advise.
One of the important things with Conditional GC is to demonstrate that the Husband and Wife still have lots of family ties during the Adjustment of Conditional status, This would include showing the IO with proofs such as joint bank accounts, kids, utility bills etc......
If the spouse is being abused by the USC and provided there is adequate proofs for the same such as court restrain order, Police complaint etc At that time, one can file for a waiver of a joint application without the need for USC to make the application
It is always better to consult a Good immigration lawyer for Professional Advise.
more...
lonedesi
04-04 10:59 PM
Thank you Bkarnik for your quick response.
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pappu
03-18 11:33 AM
I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Please correct your profile with real details so that it helps everyone. Thanks.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Please correct your profile with real details so that it helps everyone. Thanks.
more...
gc28262
03-04 09:28 AM
Are they gearing up for CIR 2009 ?
Otherwise why would they make it effective immediately ?
-- my speculation
Otherwise why would they make it effective immediately ?
-- my speculation
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waiting4gc
06-29 01:18 PM
My lawyer asked me to use A# on OPT card as the A# on my 485 application. USCIS does not normally assign A# when 140 is approved. There are only rare scenarios when it does that. Please use the A# on your opt card so that USCIS can easily find your records from the student days.
I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept
Should I use the OPT A# everywhere on the application?
I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this
I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept
Should I use the OPT A# everywhere on the application?
I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this
more...
crazyghoda
05-12 07:08 PM
Interesting. That's why I always fly the US - India non-stop by Delta or Continental nowadays. No more dealing with nonsense from 3rd countries in Europe and their rude immigration officers.
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Ramba
02-27 07:48 PM
I just sent the fax to senators of my state for amendment to Sen. Specter markup. The current format is not effective.
My main concern is why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill.
Please modify the format.
My main concern is why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill.
Please modify the format.
more...
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shana04
01-26 11:31 AM
I am planning to move to different residence. My 485 application is currently pending.
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.
Any thoughts much appreciated.
I have changed twice since I filed my 485 and getting all my documents to the new address.
1. first fill in AR-11
2. then the system will ask if there are any other related pending cases, then you need to specify one after other pending cases. Make sure to take the screen shots for all your confirmations right from AR11. In case you need it.
3. If you call customer service they are not helpful in this regard. But if there is any major problem ( I mean your FP not done or any document which you need to receive have not received yet) then you reach level II customer service IO then they can verify your address.
So far I did not had any problem with two times address change.
But make sure to update your state ID, so that in case you go for infopass, you have updated ID.
Hope this information is helpful. And I did every thing online.
Good luck
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.
Any thoughts much appreciated.
I have changed twice since I filed my 485 and getting all my documents to the new address.
1. first fill in AR-11
2. then the system will ask if there are any other related pending cases, then you need to specify one after other pending cases. Make sure to take the screen shots for all your confirmations right from AR11. In case you need it.
3. If you call customer service they are not helpful in this regard. But if there is any major problem ( I mean your FP not done or any document which you need to receive have not received yet) then you reach level II customer service IO then they can verify your address.
So far I did not had any problem with two times address change.
But make sure to update your state ID, so that in case you go for infopass, you have updated ID.
Hope this information is helpful. And I did every thing online.
Good luck
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martinvisalaw
08-03 05:20 PM
Do I need to do any thing, is it required to renew AP to stay in status.
NO. AP does not give you any status, it is just a travel document. It seems as though you are in valid H-1B status and your son has H-4, though I cannot say for certain without seeing your paperwork.
NO. AP does not give you any status, it is just a travel document. It seems as though you are in valid H-1B status and your son has H-4, though I cannot say for certain without seeing your paperwork.
more...
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WaldenPond
01-23 07:49 PM
In some of the threads in this and other forums there was some concern expressed about non-citizen's right to hire a lobbyist or petition congress. Here is the text of the 1st Amendment of the Bill of Rights:
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances
The term 'people' or 'person' in the constitution refers to inhabitants and not citizens.
Second, your members already spend a great deal on attorneys to help them with immigration issues. Our hope is that by spending a little bit on a lobbyist to get the laws fixed, we can save a lot on attorney’s fees.
Here is a link for Bill of Rights which precede any other law: http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.htm
If a law is in violation of first ten amendments that are together called as Bill of Rights then that law is unconstitutional.
It is the right of all to petition congress and tell the lawmakers about their grievances.
-WP
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances
The term 'people' or 'person' in the constitution refers to inhabitants and not citizens.
Second, your members already spend a great deal on attorneys to help them with immigration issues. Our hope is that by spending a little bit on a lobbyist to get the laws fixed, we can save a lot on attorney’s fees.
Here is a link for Bill of Rights which precede any other law: http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.htm
If a law is in violation of first ten amendments that are together called as Bill of Rights then that law is unconstitutional.
It is the right of all to petition congress and tell the lawmakers about their grievances.
-WP
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guyfromsg
07-26 10:14 PM
This is new to me. Can you please indicate the site address of this memo?
Thanks
It's lawyer Matthew Oh (www.immigration-law.com)'s interpretation of the revised visa bulletin.
Thanks
It's lawyer Matthew Oh (www.immigration-law.com)'s interpretation of the revised visa bulletin.
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sasidhar79
07-01 01:53 PM
No matter what , no other country has balls or guts to accept huge number of immigrants like US does, yes do you huge volume it is slow but the govt. is more aware of the fact that high skilled immigrants add to the benefit of their country compared to Canada (conservatives in liberal skin- because they have undocumented race based limitation), Britian(high skilled immigrants are usually colored therefore anything colored is considered not British) and Australia (how can a decent high skilled immigrant be accepted by bunch of outback thugs).
Please observe all these countries' immigration policies in this day of economic downturn, all of them are actively shutting their doors except USA (comparatively). I think USA is more closer for me as a home after India, I got misled by Canada but after what happened in their Alberta Province's AINP program for H1b holders I realised that Canadian pasture is really not green it is just an illusion.
thank you
Please observe all these countries' immigration policies in this day of economic downturn, all of them are actively shutting their doors except USA (comparatively). I think USA is more closer for me as a home after India, I got misled by Canada but after what happened in their Alberta Province's AINP program for H1b holders I realised that Canadian pasture is really not green it is just an illusion.
thank you
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immig4me
09-07 08:40 AM
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think
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GCAmigo
06-15 08:45 PM
What is a EVL letter ?
EVL (http://forums.immigration.com/showthread.php?t=165877)
~GCA
EVL (http://forums.immigration.com/showthread.php?t=165877)
~GCA
Tommy_S
04-11 01:36 AM
They're nice. The bootom stamps look agressive, because of the color (too bright/hot). That's it.
print0104
08-28 05:01 AM
Hello,
I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~
Sonia
I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~
Sonia
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