Googler
06-18 08:23 PM
Instead in CIR Section 531 (COMPLETION OF BACKGROUND AND SECURITY CHECKS) takes away the right for courts to rule on writs of mandamus filings:
"(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."
please please stop reading the old bill
the new one is on the iv home page
or in thomas look at sa.1150 under the s.1358 bill
Thanks for pointing that out Paskal. I stand corrected.
S.A. 1150 Section 216 (http://thomas.loc.gov/cgi-bin/query/F?r110:2:./temp/~r110MkRgxl:e138316:) says:
SEC. 216. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR IMMIGRATION BENEFITS.
(a) INFORMATION SHARING; INTERAGENCY TASK FORCE.--Section 105 (8 U.S.C. 1105) is amended by adding at the end the following:
``(e) INTERAGENCY TASK FORCE.--
``(1) IN GENERAL.--The Secretary of Homeland Security and the Attorney General shall establish an interagency task force to resolve cases in which an application or petition for an immigration benefit conferred under this Act has been delayed due to an outstanding background check investigation for more than 2 years after the date on which such application or petition was initially filed.
``(2) MEMBERSHIP.--The interagency task force established under paragraph (1) shall include representatives from Federal agencies with immigration, law enforcement, or national security responsibilities under this Act.''.
(b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to the Director of the Federal Bureau of Investigation such sums as are necessary for each fiscal year, 2008 through 2012 for enhancements to existing systems for conducting background and security checks necessary to support immigration security and orderly processing of applications.
(c) REPORT ON BACKGROUND AND SECURITY CHECKS.--
(1) IN GENERAL.--Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the background and security checks conducted by the Federal Bureau of Investigation on behalf of United States Citizenship and Immigration Services.
(2) CONTENT.--The report required under paragraph (1) shall include--
(A) a description of the background and security check program;
(B) a statistical breakdown of the background and security check delays associated with different types of immigration applications;
(C) a statistical breakdown of the background and security check delays by applicant country of origin; and
(D) the steps that the Director of the Federal Bureau of Investigation is taking to expedite background and security checks that have been pending for more than 180 days.
Doesn't promise any results and it is not clear if this extra appropriations will be used for the much ballyhooed transformation that Michael Cannon says might kick in in 2010, or for clearing the current backlog BUT is much better than trying to take away the right to file mandamus suits. Also leads us to believe that 180 days is the acceptable amount of time for a namecheck.
"(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."
please please stop reading the old bill
the new one is on the iv home page
or in thomas look at sa.1150 under the s.1358 bill
Thanks for pointing that out Paskal. I stand corrected.
S.A. 1150 Section 216 (http://thomas.loc.gov/cgi-bin/query/F?r110:2:./temp/~r110MkRgxl:e138316:) says:
SEC. 216. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR IMMIGRATION BENEFITS.
(a) INFORMATION SHARING; INTERAGENCY TASK FORCE.--Section 105 (8 U.S.C. 1105) is amended by adding at the end the following:
``(e) INTERAGENCY TASK FORCE.--
``(1) IN GENERAL.--The Secretary of Homeland Security and the Attorney General shall establish an interagency task force to resolve cases in which an application or petition for an immigration benefit conferred under this Act has been delayed due to an outstanding background check investigation for more than 2 years after the date on which such application or petition was initially filed.
``(2) MEMBERSHIP.--The interagency task force established under paragraph (1) shall include representatives from Federal agencies with immigration, law enforcement, or national security responsibilities under this Act.''.
(b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to the Director of the Federal Bureau of Investigation such sums as are necessary for each fiscal year, 2008 through 2012 for enhancements to existing systems for conducting background and security checks necessary to support immigration security and orderly processing of applications.
(c) REPORT ON BACKGROUND AND SECURITY CHECKS.--
(1) IN GENERAL.--Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the background and security checks conducted by the Federal Bureau of Investigation on behalf of United States Citizenship and Immigration Services.
(2) CONTENT.--The report required under paragraph (1) shall include--
(A) a description of the background and security check program;
(B) a statistical breakdown of the background and security check delays associated with different types of immigration applications;
(C) a statistical breakdown of the background and security check delays by applicant country of origin; and
(D) the steps that the Director of the Federal Bureau of Investigation is taking to expedite background and security checks that have been pending for more than 180 days.
Doesn't promise any results and it is not clear if this extra appropriations will be used for the much ballyhooed transformation that Michael Cannon says might kick in in 2010, or for clearing the current backlog BUT is much better than trying to take away the right to file mandamus suits. Also leads us to believe that 180 days is the acceptable amount of time for a namecheck.
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bbenhill
01-12 01:03 PM
Its' very depressing state, I really feel bad about current state of affairs of economy...
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Skd, it was nice of you .. I gave you green :)
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Skd, it was nice of you .. I gave you green :)
krishgreen
06-01 04:43 PM
Hi All,
I have attended for renewal H1B Visa stamping at Matamoros on May 27th 2010.
Here is the complete process that I have followed from start to End:
* I have used a agent for arranging Application fee & transportation to and from Brownsville, TX.
* Drove from Dallas to Brownsville, TX on May 26th, drive was Okay, not many COPS around.
* Stayed at Days Inn hotel owned by Desi, very helpful at giving information on good restaurants around and places to go if there is enough time.
* On May 27th morning 7:45 am agent will come pick-up from the Hotel and take you to the US Consulate in Matamoros (About 10mins drive). On the way he explains all the details of where they meet after the Interview is done and how to get to Port of Entry by Walk. His first stop in Matamoros would be Best Western Hotel where you can leave all your luggage and all the prohibited items at US Consulate.
**** Be sure to carry all your necessary items to stay in Mexico for atleast one more day if your Visa is not ready the same day****
*Then he will drop you at US Consulate and stay outside until you pass the security line.
* After security there are two people checking your documents (I-797, Application fee & Interview confirmation page) and issue you a SERIAL Number.
* After that you will be allowed inside where the first process is to get your pictures and fingure prints taken.
*After that wait for your number to be displayed for the Visa interview (Takes anywhere between 45 to 60 mins at anytime), for me took about 50 mins.
At the Visa Interview counter:
Initial Greeting exchanges and then asks for the paper work (Passports Old & New, I-797 and Interview Confirmation page). She took about 5 mins to go through DS-160 questions/answers filled online.
VO: Why did you change the company from your Old to New.
ME: Explained the situations.
VO: Do you directly work for the client of your Current Company.
ME: No, I work for a client of another Vendor.
VO: This is not the way how the H1B Visa works, you have to work for a Client of your current H1B Employer.
ME: Blank Face, no answer. (I know that is not how the h1B Works, but no answer)
VO: How do we trust that you are really working for the Client.
ME: I pulled out my client letter and Photo ID Card and gave it to VO.
VO: Okay, so, you got the letter from your Project Manager at Client site. Good let me check that.
VO: Can I see all your W2's from the first year that you are in US and pay slips for last six months.
ME: Handed over all the W2's and Payslips.
VO: Can I see your bank statements for last 3 months.
ME: Gave my bank statements.
VO: Let me check all these documents and discuss with my senior. she went inside with all the documents for about 5 mins.
ME: This was the time that I felt tensed, as I don't have a valid visa to enter US if they decided not to issue a Visa based on all the docs that I have. I never felt tensed for the last 4 stampings that I have attended in India.
VO: Came back after 5 mins. Is there any period that you were with current employer and not get paid.
ME : No.
VO: What is your job description.
ME: Explained.
VO: Is your greencard petition filed.
ME: Yes.
VO: Can I see your Approved labot and I-140.
ME: I have approved labor, but, not approved I-140.
VO: You are supposed to carry all the documents.
ME: Blank face
VO: Okay, your Visa is approved.
ME: Thank you :-)
NOTE: I would say if you don't have client letter and a photo id card from client and you won't have a valid visa currently, I would suggest attending visa interview at your home country.
We went back to US Consulate to collect the passport at 3:30 pm, but, those were not ready.
Agent dropped us back at Best western hotel in Matamoros, we stayed there that night. Don't eat at the hotel restaurant, that sucks. There is a very nice restaurant a block away from Hotel (Mexican), very very good food.
Agent picked us back at 3:00 pm next day and took us to US Consulate. Got the passports with Visa stamped and headed to Port of Entry.
Agent dropped us at Port of Entry and we walked across the bridge. There is a small gate when you enter US Geographical area on the bridge, where you need to 50Cents to enter(No need for Under aged children, I guess below 12yrs). Walked over to the port of entry office to get a new I-94. There is a big line, but, you don't need to be in the line, just walked into the first room skipping the line and keep waiting for one of the officers to call you next in spanish for your turn (Took about close to 4 hrs to get the I-94, once the officer is at the counter it's only 5 mins process. But, you won't see any officers coming to counter until the room is atleast 95% filled.
After we got the new i-94 came outside and called agent to pick us. Agent dropped at the hotel. It's a big relief to be back in US.
If anybody is driving, there is a check post 40/50 miles away from Brownsville where Boder protection agents check your immigration papers (took about 2 mins for me).
If anybody have any questions, please let me know.
Good luck.
I have attended for renewal H1B Visa stamping at Matamoros on May 27th 2010.
Here is the complete process that I have followed from start to End:
* I have used a agent for arranging Application fee & transportation to and from Brownsville, TX.
* Drove from Dallas to Brownsville, TX on May 26th, drive was Okay, not many COPS around.
* Stayed at Days Inn hotel owned by Desi, very helpful at giving information on good restaurants around and places to go if there is enough time.
* On May 27th morning 7:45 am agent will come pick-up from the Hotel and take you to the US Consulate in Matamoros (About 10mins drive). On the way he explains all the details of where they meet after the Interview is done and how to get to Port of Entry by Walk. His first stop in Matamoros would be Best Western Hotel where you can leave all your luggage and all the prohibited items at US Consulate.
**** Be sure to carry all your necessary items to stay in Mexico for atleast one more day if your Visa is not ready the same day****
*Then he will drop you at US Consulate and stay outside until you pass the security line.
* After security there are two people checking your documents (I-797, Application fee & Interview confirmation page) and issue you a SERIAL Number.
* After that you will be allowed inside where the first process is to get your pictures and fingure prints taken.
*After that wait for your number to be displayed for the Visa interview (Takes anywhere between 45 to 60 mins at anytime), for me took about 50 mins.
At the Visa Interview counter:
Initial Greeting exchanges and then asks for the paper work (Passports Old & New, I-797 and Interview Confirmation page). She took about 5 mins to go through DS-160 questions/answers filled online.
VO: Why did you change the company from your Old to New.
ME: Explained the situations.
VO: Do you directly work for the client of your Current Company.
ME: No, I work for a client of another Vendor.
VO: This is not the way how the H1B Visa works, you have to work for a Client of your current H1B Employer.
ME: Blank Face, no answer. (I know that is not how the h1B Works, but no answer)
VO: How do we trust that you are really working for the Client.
ME: I pulled out my client letter and Photo ID Card and gave it to VO.
VO: Okay, so, you got the letter from your Project Manager at Client site. Good let me check that.
VO: Can I see all your W2's from the first year that you are in US and pay slips for last six months.
ME: Handed over all the W2's and Payslips.
VO: Can I see your bank statements for last 3 months.
ME: Gave my bank statements.
VO: Let me check all these documents and discuss with my senior. she went inside with all the documents for about 5 mins.
ME: This was the time that I felt tensed, as I don't have a valid visa to enter US if they decided not to issue a Visa based on all the docs that I have. I never felt tensed for the last 4 stampings that I have attended in India.
VO: Came back after 5 mins. Is there any period that you were with current employer and not get paid.
ME : No.
VO: What is your job description.
ME: Explained.
VO: Is your greencard petition filed.
ME: Yes.
VO: Can I see your Approved labot and I-140.
ME: I have approved labor, but, not approved I-140.
VO: You are supposed to carry all the documents.
ME: Blank face
VO: Okay, your Visa is approved.
ME: Thank you :-)
NOTE: I would say if you don't have client letter and a photo id card from client and you won't have a valid visa currently, I would suggest attending visa interview at your home country.
We went back to US Consulate to collect the passport at 3:30 pm, but, those were not ready.
Agent dropped us back at Best western hotel in Matamoros, we stayed there that night. Don't eat at the hotel restaurant, that sucks. There is a very nice restaurant a block away from Hotel (Mexican), very very good food.
Agent picked us back at 3:00 pm next day and took us to US Consulate. Got the passports with Visa stamped and headed to Port of Entry.
Agent dropped us at Port of Entry and we walked across the bridge. There is a small gate when you enter US Geographical area on the bridge, where you need to 50Cents to enter(No need for Under aged children, I guess below 12yrs). Walked over to the port of entry office to get a new I-94. There is a big line, but, you don't need to be in the line, just walked into the first room skipping the line and keep waiting for one of the officers to call you next in spanish for your turn (Took about close to 4 hrs to get the I-94, once the officer is at the counter it's only 5 mins process. But, you won't see any officers coming to counter until the room is atleast 95% filled.
After we got the new i-94 came outside and called agent to pick us. Agent dropped at the hotel. It's a big relief to be back in US.
If anybody is driving, there is a check post 40/50 miles away from Brownsville where Boder protection agents check your immigration papers (took about 2 mins for me).
If anybody have any questions, please let me know.
Good luck.
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theperm
02-08 11:02 PM
Why would you marry in such haste & go through the trauma of not know whats going to happen i he goes to jail for the next 18 months?? why not wait until his jail issue is over ?? I am no one to judge you & mean no harm but have u thought this through ????
more...
tinuverma
03-17 01:44 PM
Thanks for the response Tom. What if I want to use my EAD card and not do an H1 transfer. Is that going to be a problem?
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
redgreen
10-08 06:26 PM
Since H4 is a derivative visa depending upon an H1, as long as the H1 is valid you can be in that status also whether you use EAD or not. However you can not be in H1 and using EAD. You have to get a new H1 to be again in H1 after using EAD. Anyway how does it matter whether it is valid or not? It becomes a problem even for H1 visa holders, only when I-485 is rejected.
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skagitswimmer
June 6th, 2005, 10:03 PM
These are all good suggestions and translate well from my film days. I also read that, whereas in b&w the adage was expose for the shadows and develop (or print) for highlights, in digital it is the reverse - expose to preserve detail in the highlights and then use your curves in RAW to fix the shadows where you want them. So I'll have to put all that to work this week / weekend. If the flowers stay around, that is.
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permfiling
01-18 10:47 AM
If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
Talk to them if you have not started work, you might just have to pay the H1B fees
I dont think it is reasonable amount if it is 15k then why the employer will bother for a H1 in the first place in this volatile economy...I think it is around 4000k etc
Talk to them if you have not started work, you might just have to pay the H1B fees
I dont think it is reasonable amount if it is 15k then why the employer will bother for a H1 in the first place in this volatile economy...I think it is around 4000k etc
more...
ryan
04-29 07:45 PM
Nice article here. It also compares the experience on how folks did once they went back. The needle is surely moving away from USA.
America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)
How is this a "nice" or even a transparent / balanced opinion? It starts off -- "With anti-immigrant sentiment building across the nation, and clouds of nativism.."
Is he referring to Anti-immigrant, or anti-illegal immigration? I believe the latter. There is a difference. As a potential immigrant, who has had the opportunity to live and work in America 10 years and counting, I haven't experienced the least bit of anti-foreigner sentiments from the everyday American folk. All I want to say, is that I have been extended the opportunities, quite felt welcomed and feel truly blessed to have some met some of the nicest folks / friends, from my time living in this country. I grew up in a country where we never got to belong. You could be born, and live there to the day you die -- and you'd never get to belong. It's a whole lot different here in America. I truly hope some people express fair and balanced opinions, as opposed to writing with a hidden agenda.. and that's a shame.
America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)
How is this a "nice" or even a transparent / balanced opinion? It starts off -- "With anti-immigrant sentiment building across the nation, and clouds of nativism.."
Is he referring to Anti-immigrant, or anti-illegal immigration? I believe the latter. There is a difference. As a potential immigrant, who has had the opportunity to live and work in America 10 years and counting, I haven't experienced the least bit of anti-foreigner sentiments from the everyday American folk. All I want to say, is that I have been extended the opportunities, quite felt welcomed and feel truly blessed to have some met some of the nicest folks / friends, from my time living in this country. I grew up in a country where we never got to belong. You could be born, and live there to the day you die -- and you'd never get to belong. It's a whole lot different here in America. I truly hope some people express fair and balanced opinions, as opposed to writing with a hidden agenda.. and that's a shame.
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smuggymba
04-21 02:07 PM
Central PA
really depends where your office is, does ur wife work (r u married) and do you have school going kids (school district stuff)
many things to juggle and prioritize.
really depends where your office is, does ur wife work (r u married) and do you have school going kids (school district stuff)
many things to juggle and prioritize.
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anilsal
12-20 11:51 PM
I am from IL. I will try to attend. I will request other IL state chapter members to join the call, if they have some free time.
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seeking_GC
07-19 03:35 PM
Thanks for ur reply..anyone else has any input on this??
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aamchimumbai
09-12 12:06 AM
Folks,
I applied for my 485 last week and the apps. were received at the NSC on Sep 5. Typically, how long does it take for the USCIS to send a receipt notice? Rather when can I expect to see that my application was accepted for processing....
It'll be a week tomorrow. Can anyone shed some light from their past experience.
Thanks all.
I applied for my 485 last week and the apps. were received at the NSC on Sep 5. Typically, how long does it take for the USCIS to send a receipt notice? Rather when can I expect to see that my application was accepted for processing....
It'll be a week tomorrow. Can anyone shed some light from their past experience.
Thanks all.
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rockstart
03-11 09:43 AM
Isnt Labor & I 140 property of the employer and labor can be transferred to some one else (not allowed now but was in past) the employee comes into picture only at the 485 stage and that is when the intent should be looked into. Its a pretty complicated question so lawyer is the best person to answer.
more...
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zCool
07-16 07:21 PM
I think IV did great today. BUT
lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
This is time to be calm, AND YES DISCREET!!!!
Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?
lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
This is time to be calm, AND YES DISCREET!!!!
Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?
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alterego
04-11 04:59 PM
I would definitely be cautious about the plan you have mentioned. Here is the reason. You applied as an attending/practicing hospitalist through labor for a future job offer and you are moving into a trainee position. Should you be called for an interview or get a RFE at the AOS stage(not that uncommon nowadays), you would have to demonstrate how it is that doing an oncology fellowship better qualifies you to be a future hospitalist. That would be difficult. You could take a chance and get away but know that you will be taking one.
Even in cases of Physician NIW when you have completed the stipulated 5 yr commitment, lawyers are unwilling to give the all clear to do a fellowship on the EAD. They seem to be in consensus that you can move into another attending internist job but that is as far as they will go.
Even in cases of Physician NIW when you have completed the stipulated 5 yr commitment, lawyers are unwilling to give the all clear to do a fellowship on the EAD. They seem to be in consensus that you can move into another attending internist job but that is as far as they will go.
more...
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pappu
12-15 09:47 AM
http://immigrationvoice.org/forum/blog.php?b=11
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bmoni
01-22 04:33 PM
Talk to your attorney. I think recent supreme court rule gives us the ability to appeal it. If it was an wrongful denial.
Don't lose your hope. Keep up the fight.
Don't lose your hope. Keep up the fight.
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Suvendra
01-10 10:59 PM
Hello,
wanted to know, what happens to employees of Vision Systems Group and its sister company's employees immigration status. as every one know VSGINC has allegations from USCIS on immigration fraud and H-1B.
Employees like me no where related to there fraud. how USCIS reacts on employees pending 485?. Most of the employees are moved out using AC21.
wanted to know, what happens to employees of Vision Systems Group and its sister company's employees immigration status. as every one know VSGINC has allegations from USCIS on immigration fraud and H-1B.
Employees like me no where related to there fraud. how USCIS reacts on employees pending 485?. Most of the employees are moved out using AC21.
zCool
02-25 10:38 PM
Do not move to IT!
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..
immidude
07-13 10:34 AM
I suggest to wear suits (black,grey,brown ,..yaa dark) this way it looks organized and looks diffrent to draw attention.
{ and in this way bayarea guys can utilize their old suits :) }
{ and in this way bayarea guys can utilize their old suits :) }
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