jsb
03-06 10:43 AM
Based on the reply to this FOIA from Needhelp!, it seems that we have a bigger problem than transparency.
They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability. If you have 500,000 pending cases and dont know how many cases for each country of chargeability, then the only way to respond to a visa bulletin is to go thru all 500,000 cases every month, take a peek in it, look at the PD, look at the country and see if it is up for approval. I dont think they are doing that.
Also, if priority date is something that is different for different countries, then cases for those countries have to be sorted by priority date in different silos, so that when the next bulletin comes, you know how many cases are eligible that month and which ones are the earliest cases (from PD perspective) for each country.
Their systems are not designed for country chargeability and priority date considerations. Although some of the information is in computer systems for reporting, publication, online status, automatic emails, etc, most of it is paper based. They claim that they process cases in order they (physically) receive them at each processing center.
Possibly, what they do is that they pick cases from shelves in sequence they stacked when they received them, check various docs such as medical, birth certificates, copie of I-140, passports, etc., and then, if all ok, check for country of chargeability. If that is India or China, then they look at the current bulletin dates. If case is within cutoff dates, proceed, else put it back, and take next file.
Therefore, they are correct in saying that chargeability is determined (means: looked at) when case is ready (meaning: it is next in line) for reviewing and adjudication.
Note that there is no physical file sorting based on chargeability/PD etc. Bulletins are just best guesses based on general progress in preceding months.
They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability. If you have 500,000 pending cases and dont know how many cases for each country of chargeability, then the only way to respond to a visa bulletin is to go thru all 500,000 cases every month, take a peek in it, look at the PD, look at the country and see if it is up for approval. I dont think they are doing that.
Also, if priority date is something that is different for different countries, then cases for those countries have to be sorted by priority date in different silos, so that when the next bulletin comes, you know how many cases are eligible that month and which ones are the earliest cases (from PD perspective) for each country.
Their systems are not designed for country chargeability and priority date considerations. Although some of the information is in computer systems for reporting, publication, online status, automatic emails, etc, most of it is paper based. They claim that they process cases in order they (physically) receive them at each processing center.
Possibly, what they do is that they pick cases from shelves in sequence they stacked when they received them, check various docs such as medical, birth certificates, copie of I-140, passports, etc., and then, if all ok, check for country of chargeability. If that is India or China, then they look at the current bulletin dates. If case is within cutoff dates, proceed, else put it back, and take next file.
Therefore, they are correct in saying that chargeability is determined (means: looked at) when case is ready (meaning: it is next in line) for reviewing and adjudication.
Note that there is no physical file sorting based on chargeability/PD etc. Bulletins are just best guesses based on general progress in preceding months.
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vivid_bharti
07-27 04:00 PM
Guys, I just checked my bank statement and it seems they have cashed the check for mine & my spouses fees, but haven't cashed the check for my Son's AP renewal. I am already wondering what's coming in mail....They'll never let you sit in peace...
USCIS's moto : strip them to the last penny then drag them to their last breath
USCIS's moto : strip them to the last penny then drag them to their last breath
chaanakya
04-10 02:01 PM
Those who do talk and blame in the anonymity of the web andnever do anything and keep hiding behind their closets expecting sky to fall are the one who "don't wear clothes"
Chandu, you made me laugh (in a fun way, not in the making fun of you way). Hiding is done inside the closet, not behind it. Maybe lack of clothes is explainable because one is "behind" the closet :)
On a serious note though, You provided so many ways that money is being raised by running marathons, funding drives etc etc...but come on, where on this website or anywhere else is it mentioned how this money is being spent??
I have absolutely no right to ask that question because i have never contributed money. But when i am told that I dont have access to this thread or that thread because I am not a donor...I do have the right to question if this organization actually represents all immigrants or just the donors?? If the motto of IV becomes "Change for fairness and justice (For Donors Only)" then it would make a lot more sense to me. But as long as IV keeps on harping that they represent the plight of legal immigrants (which I am) then I do have the right to ask the question ..."What exactly has IV done?"
Asking the question is never the problem, it may make people uncomfortable but I want people (like yourself) who are contributing to at least ask IV before ranting on people like me (who dont contribute) to support the cause...Supporting the cause is NOT equal to giving IV money. The republicans already tried something similar ..."If you are anti-war, you dont support the troops"..That was fallacious and so are all the personal attacks on the "freeloaders" (like myself ofcourse).
Chandu, you made me laugh (in a fun way, not in the making fun of you way). Hiding is done inside the closet, not behind it. Maybe lack of clothes is explainable because one is "behind" the closet :)
On a serious note though, You provided so many ways that money is being raised by running marathons, funding drives etc etc...but come on, where on this website or anywhere else is it mentioned how this money is being spent??
I have absolutely no right to ask that question because i have never contributed money. But when i am told that I dont have access to this thread or that thread because I am not a donor...I do have the right to question if this organization actually represents all immigrants or just the donors?? If the motto of IV becomes "Change for fairness and justice (For Donors Only)" then it would make a lot more sense to me. But as long as IV keeps on harping that they represent the plight of legal immigrants (which I am) then I do have the right to ask the question ..."What exactly has IV done?"
Asking the question is never the problem, it may make people uncomfortable but I want people (like yourself) who are contributing to at least ask IV before ranting on people like me (who dont contribute) to support the cause...Supporting the cause is NOT equal to giving IV money. The republicans already tried something similar ..."If you are anti-war, you dont support the troops"..That was fallacious and so are all the personal attacks on the "freeloaders" (like myself ofcourse).
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TheOmbudsman
11-07 11:22 PM
Hi Dixie,
I think that listing an absolute value does not provide an accurate picture. If you measure in terms of relative values, then you will see that immigration is important; it is a top 3 issue. However, let's not forget that there is a nasty war going on and sons and daughters of people are dying for - in my view - a war that makes no sense at all. That is serious and it has undeniably galvanized the attention of the public at this time.
That said, from what I have been reading on talk radio shows, people are disappointed in general with the GOP - even with the pro amnesty position adopted by Pres. Bush, McCain, Specter, etc - and therefore want to give them a bad time. I don't think that was an endorsement for amnesty at all.
Celebrate now. Amnesty for 20 million+ is coming and hopefully we can take a ride :-)
Cheers,
The Ombudsman
Only 10% of the general public said immigration is the most important issue for them - and mind you, ILLEGAL immigration and amnesty to illegal aliens is what comes to mind of most average americans. The perceived opposition to CIR was blown out of proportion by the conservatives and their media cronies like Lou Dobbs. That it did not work clearly shows that the american public too mature and sensible to be carried away by such rhetoric.
I think that listing an absolute value does not provide an accurate picture. If you measure in terms of relative values, then you will see that immigration is important; it is a top 3 issue. However, let's not forget that there is a nasty war going on and sons and daughters of people are dying for - in my view - a war that makes no sense at all. That is serious and it has undeniably galvanized the attention of the public at this time.
That said, from what I have been reading on talk radio shows, people are disappointed in general with the GOP - even with the pro amnesty position adopted by Pres. Bush, McCain, Specter, etc - and therefore want to give them a bad time. I don't think that was an endorsement for amnesty at all.
Celebrate now. Amnesty for 20 million+ is coming and hopefully we can take a ride :-)
Cheers,
The Ombudsman
Only 10% of the general public said immigration is the most important issue for them - and mind you, ILLEGAL immigration and amnesty to illegal aliens is what comes to mind of most average americans. The perceived opposition to CIR was blown out of proportion by the conservatives and their media cronies like Lou Dobbs. That it did not work clearly shows that the american public too mature and sensible to be carried away by such rhetoric.
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ram04
12-23 10:33 PM
Yes This is the notice which you should get after MTR opened.
You are back on track and adjustment status.
All the best for later 485 approval too.
Hopefully with IV efforts USCIS will stop this drama in future.
- Ram
Hi Ram or Prince_charming,
Just wanted to find out can you check the below msg that is what mine has been updated to , So does itmean that they just opned the case and ar
e now reviewing and theywill update it to approved once they through or this is final msg. wanted to find out basing on the info you got.
Thanks,
Sri
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS , and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you.
You are back on track and adjustment status.
All the best for later 485 approval too.
Hopefully with IV efforts USCIS will stop this drama in future.
- Ram
Hi Ram or Prince_charming,
Just wanted to find out can you check the below msg that is what mine has been updated to , So does itmean that they just opned the case and ar
e now reviewing and theywill update it to approved once they through or this is final msg. wanted to find out basing on the info you got.
Thanks,
Sri
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS , and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you.
mirage
06-29 07:43 AM
Somebody has to pay for the govt's bills..
Feds have virtually lifted all grants and support to USCIS as they have to fund their other projects. USCIS was asked to be self sufficient. I also read it somewhere that they are pressured to fund some govt. projects. How that will come ?? Skin the immigration seekers...beat them, whip them.. after all it's their choice to live here...
How can anyone explain this now? Isn't it a money scheme? Is it reasonable to loose 3 months when you had already paid for it? There is always confusion in this whole GC affair. There seems no option than to live with it and move forward.
Feds have virtually lifted all grants and support to USCIS as they have to fund their other projects. USCIS was asked to be self sufficient. I also read it somewhere that they are pressured to fund some govt. projects. How that will come ?? Skin the immigration seekers...beat them, whip them.. after all it's their choice to live here...
How can anyone explain this now? Isn't it a money scheme? Is it reasonable to loose 3 months when you had already paid for it? There is always confusion in this whole GC affair. There seems no option than to live with it and move forward.
more...
praveenuppaluri
04-10 03:44 PM
I have absolutely no right to ask that question because i have never contributed money.
See, you are a rational human being and know what to ask for...
But when i am told that I dont have access to this thread or that thread because I am not a donor...I do have the right to question if this organization actually represents all immigrants or just the donors?? If the motto of IV becomes "Change for fairness and justice (For Donors Only)" then it would make a lot more sense to me. But as long as IV keeps on harping that they represent the plight of legal immigrants (which I am) then I do have the right to ask the question ..."What exactly has IV done?" .
Oops, ok.. I will take that rational thing back.. a lawyer who get paid by you "represents" you and anything he says will be treated as your word. similarly, PR people who get paid and "represents" you - yeah, their statements are counted as yours.. you have a right over their actions that are "representing" you.. you can sue them, fire them etc... now, IV "representing" legal immigration - and you as legal immigration claiming rights over thier action.. are they really the same ?? i don't think both the above "representations" are the same.. enligten me.. how can you claim the right to ask IV anything ..
Asking the question is never the problem, it may make people uncomfortable but I want people (like yourself) who are contributing to at least ask IV before ranting on people like me (who dont contribute) to support the cause...).
hmmn.. back on being rational again... Thats where the DONOR forum begins.. so that we can "rightfully" ask the updates and get them
Supporting the cause is NOT equal to giving IV money.
I agree.. and you don't have any right to question the morality of IV or anyone who is contributing.. there are many many threads asking CORE questions about what they are doing and most of them don't have time to read through old posts.. CORE can only answer so many posts a day.. so, the DONOR forum which should be easy for them to manage...
The republicans already tried something similar ..."If you are anti-war, you dont support the troops"..That was fallacious
yeah.. look where Repulicans are now..
and so are all the personal attacks on the "freeloaders" (like myself ofcourse).
the so called attacks are only when freeloaders DEMAND the answers and then talk about their rights because they are "legal"..
ever heard of the statement "ask not what the country has done for you but ask what you have done for the country ?" - I guess the gist is, because you are born doesn't give you any right to demand.. so, if you replace "legal immigration community" in the above statement, what have we done to the legal immigration community ?? IV is educating people to understand our plights and our DC rally is a good effort in that step - are you there in that rally supporting the community ?? if you are - atleast you are doing someting.. if you think that I am ranting on those who didn't show-up.. may be I am.. thats one opportunity we missed and since then we had electons, change of congress. we may have another rally soon.. when the IV comes up with another effort like that, will you come join me at that rally?
See, you are a rational human being and know what to ask for...
But when i am told that I dont have access to this thread or that thread because I am not a donor...I do have the right to question if this organization actually represents all immigrants or just the donors?? If the motto of IV becomes "Change for fairness and justice (For Donors Only)" then it would make a lot more sense to me. But as long as IV keeps on harping that they represent the plight of legal immigrants (which I am) then I do have the right to ask the question ..."What exactly has IV done?" .
Oops, ok.. I will take that rational thing back.. a lawyer who get paid by you "represents" you and anything he says will be treated as your word. similarly, PR people who get paid and "represents" you - yeah, their statements are counted as yours.. you have a right over their actions that are "representing" you.. you can sue them, fire them etc... now, IV "representing" legal immigration - and you as legal immigration claiming rights over thier action.. are they really the same ?? i don't think both the above "representations" are the same.. enligten me.. how can you claim the right to ask IV anything ..
Asking the question is never the problem, it may make people uncomfortable but I want people (like yourself) who are contributing to at least ask IV before ranting on people like me (who dont contribute) to support the cause...).
hmmn.. back on being rational again... Thats where the DONOR forum begins.. so that we can "rightfully" ask the updates and get them
Supporting the cause is NOT equal to giving IV money.
I agree.. and you don't have any right to question the morality of IV or anyone who is contributing.. there are many many threads asking CORE questions about what they are doing and most of them don't have time to read through old posts.. CORE can only answer so many posts a day.. so, the DONOR forum which should be easy for them to manage...
The republicans already tried something similar ..."If you are anti-war, you dont support the troops"..That was fallacious
yeah.. look where Repulicans are now..
and so are all the personal attacks on the "freeloaders" (like myself ofcourse).
the so called attacks are only when freeloaders DEMAND the answers and then talk about their rights because they are "legal"..
ever heard of the statement "ask not what the country has done for you but ask what you have done for the country ?" - I guess the gist is, because you are born doesn't give you any right to demand.. so, if you replace "legal immigration community" in the above statement, what have we done to the legal immigration community ?? IV is educating people to understand our plights and our DC rally is a good effort in that step - are you there in that rally supporting the community ?? if you are - atleast you are doing someting.. if you think that I am ranting on those who didn't show-up.. may be I am.. thats one opportunity we missed and since then we had electons, change of congress. we may have another rally soon.. when the IV comes up with another effort like that, will you come join me at that rally?
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as_rudra
06-30 09:03 AM
Lets hope this one will Fly all the way.
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eager_immi
07-17 03:02 PM
i would not recommend either murthy or R khanna i had a lousy exp with R Khanna and a friend of mine with murthy. I love Fragomen (my Co uses them) my last company i used Thomas Fan (based in MD) I like them both.
Murthy and Rajiv.S.Kanna are doing very good job.
Murthy and Rajiv.S.Kanna are doing very good job.
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ZeroComplexity
09-21 06:11 PM
I wanted to attend but I have pretty much exhausted all my vacation. 2 more days will be pushing it.
Also, the flight schedules to fly from Portland Oregon to D.C is so ridiculous that it takes a whole day away in flying.
Will definetely attend a rally in the east coast, or better yet will help organize one.
Also, the flight schedules to fly from Portland Oregon to D.C is so ridiculous that it takes a whole day away in flying.
Will definetely attend a rally in the east coast, or better yet will help organize one.
more...
whiteStallion
05-21 05:40 PM
It happened because of relentless canvasing of the media until the story got out and embarrassed the government. "Supporting the troops" is a no-brainer for a politician wanting to score political points. Most Americans could care less about immigrants or other citizens who are married to them. So there is no political urgency to solve that "problem." Although the media has reported that the exclusion of legal immigrants was "unintended," my sources say that the exclusion was intentional.
I had hoped to embarrass the government further by exposing the connection to a known "hate group," but the media has refused to report that part of the story. If I could get the media to expose the racist origins of this law, we might have some hope, but don't count on it.
The next phase is to focus on legal options.
Thanks Totoro for all the great work! Now that they have separated out the army folks, there is very little chance for a separate initiative only for the legal immigrants.Anyway the Govt is running with huge budget deficits and it suits them well to save a few billion greenbacks by excluding the legal immigrants...We are anyway nobody's child!
Most importantly from the politician guys viewpoint in this election year, we cannot vote! So we cannot help or hurt them!
I had hoped to embarrass the government further by exposing the connection to a known "hate group," but the media has refused to report that part of the story. If I could get the media to expose the racist origins of this law, we might have some hope, but don't count on it.
The next phase is to focus on legal options.
Thanks Totoro for all the great work! Now that they have separated out the army folks, there is very little chance for a separate initiative only for the legal immigrants.Anyway the Govt is running with huge budget deficits and it suits them well to save a few billion greenbacks by excluding the legal immigrants...We are anyway nobody's child!
Most importantly from the politician guys viewpoint in this election year, we cannot vote! So we cannot help or hurt them!
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jayleno
04-29 03:06 PM
Hi Guys...
Here is 100 more from me through Paypal. I was excited to learn that there is another bill in the works that supports converting the 55,000 visas to advanced degree holders. That will free up a lot of visas in the EB-2 category and also some in the EB-3 category.
Here is 100 more from me through Paypal. I was excited to learn that there is another bill in the works that supports converting the 55,000 visas to advanced degree holders. That will free up a lot of visas in the EB-2 category and also some in the EB-3 category.
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sparky_jones
03-04 10:51 PM
Someone once said...."Freedom comes at a cost.". After reading this, I am thinking...."Freedom of Information comes at a cost too....$5k to be precise"!
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AuntyDan
06-19 07:49 PM
The problem is quota of 90,000 visas is available for petitions filed before October 1st 2007. MBS will not start until October 1st 2008 (because of 270 days gap).
So assuming this is all correct and comes to pass what will EB GC applicants do from the date this is decreed to take effect (May 15th, June 19th October 1st etc.) until October 2008? Will there just be no applications allowed for over a year and existing applications made past the cut-off date get scrapped?
So assuming this is all correct and comes to pass what will EB GC applicants do from the date this is decreed to take effect (May 15th, June 19th October 1st etc.) until October 2008? Will there just be no applications allowed for over a year and existing applications made past the cut-off date get scrapped?
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storm
07-03 04:40 PM
Well, I just made my third call and the lady sounded quite confident that applications that have been received and are in processing are not affected by this and it's only NEW applications that would be coming in after July 2 that are affected. I understand what you're saying that they don't assign it but I have read before that they "assume" each application qualifies unless they eventually figure out otherwise. And now I am making my own assumption that if they assume it qualifies then it's assumed a visa is indirectly assigned? Wait, I'm confused:D.
If you filed early May and received a Notice of Receipt from USCIS, that means your I-485 is already in process, and you have been assigned an Alien Number already. The announcement from INS is very clear, "Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases". It says EFFECTIVE JULY 2 and "NO FURTHER" right? That means the only ones affected are applications received July 2 and onwards.
I don't know what you are confused about. Ther is nothing confusing about it at all. Maybe you're just a plain dumbass.
If you filed early May and received a Notice of Receipt from USCIS, that means your I-485 is already in process, and you have been assigned an Alien Number already. The announcement from INS is very clear, "Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases". It says EFFECTIVE JULY 2 and "NO FURTHER" right? That means the only ones affected are applications received July 2 and onwards.
I don't know what you are confused about. Ther is nothing confusing about it at all. Maybe you're just a plain dumbass.
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dionysus
06-09 01:41 AM
Even if you don't want to take shit, it is given to you.
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ca_immigrant
05-18 07:06 PM
^^^^^
I sent this out yesterday...
and just now I sent an email to 7 to 10 of my friends requesting them also to do so...
please send out the email to the senators and request ur friends to do so....
I sent this out yesterday...
and just now I sent an email to 7 to 10 of my friends requesting them also to do so...
please send out the email to the senators and request ur friends to do so....
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shree19772000
12-01 12:41 PM
Because of the retrogression, I am investing all my money in India rather than in America where the growth is higher and more certainity for me atleast for time being...
I think retrogression is a loose-loose situation for US. Hope US politicians realize that before its too late for them.
I think retrogression is a loose-loose situation for US. Hope US politicians realize that before its too late for them.
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dilbert_cal
03-20 09:17 PM
never worked for "employer x" after H1 transfer, perhaps you are out of status. What is your lawyer saying? You never transferred H1 back to emplyer#2?
H1 doesnt work as you are interpreting. OP was working for 'A' and had a valid H1. At some point of time, he got a job offer from X and had his H1 transferred to X. Even though his new H1 is approved, his old H1 is still valid. It is valid as long as OP doesnt join X. Since the OP never left A and never joined X, he was always in status. OP -> this should be a simple case. Since you have documentation to prove that you were in status always and since you never joined X , you dont have paystubs and that should be perfectly fine as long as you never left A.
H1 doesnt work as you are interpreting. OP was working for 'A' and had a valid H1. At some point of time, he got a job offer from X and had his H1 transferred to X. Even though his new H1 is approved, his old H1 is still valid. It is valid as long as OP doesnt join X. Since the OP never left A and never joined X, he was always in status. OP -> this should be a simple case. Since you have documentation to prove that you were in status always and since you never joined X , you dont have paystubs and that should be perfectly fine as long as you never left A.
prince_charming
09-12 06:47 PM
Hey guys
Just received email from CRIS regarding I-485 denial notice for both me and my wife.
I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.
My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.
My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.
This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.
Just received email from CRIS regarding I-485 denial notice for both me and my wife.
I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.
My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.
My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.
This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.
desi3933
02-02 11:08 AM
This is another example where lot of noise made and then nothing happens.
People talk here about filing lawsuit as it it is easy as filing something and on first hearing, judgment will be passed in their favor. Of course, no one even bothers to get initial professional advice.
Soon, we will have some other topic that will have similar discussion and similar fate.
Good Luck to everyone.
___________________
Not a legal advice.
People talk here about filing lawsuit as it it is easy as filing something and on first hearing, judgment will be passed in their favor. Of course, no one even bothers to get initial professional advice.
Soon, we will have some other topic that will have similar discussion and similar fate.
Good Luck to everyone.
___________________
Not a legal advice.
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