samay
07-30 04:22 PM
Hi,
1) My I-485(EB2-India) application file has two I-140 receipts (both of these are EB2) one of these I-140 is approved and the other was denied and a Motion to Reopen has been filed for this. How will the two EB2 I-140s affect my I-485 application?
2) I got a RFE for my I-1485 on June 17th 2008, asking for a I-140 approval notice. As we do not have a physical approval (never received the approval, may be lost in mail) notice my current attorney responded to the I-485 RFE and included the first I-140 receipt notice and also a copy of the approval email received from USCIS. The attorney also included the details of the second I-140 i.e the Motion to Reopen (I-290B) notice. Is the approach a good one?
3) My attorney also requested to consider the approved I-140 for adjucating the I-485 for me and my wife since the approved I-140 was filed and approved before filing the I-1485 and also we were married before the I-485 was filed. Will USCIS consider this request?
4) Also, will USCIS have a copy of my I-140 approval notice and will they use that and consider my I-485 case?
5) Will a Infopass appointment help in anyways?
My PERM labor was approved in May 2006 and my priority date is current for August 2008. The I-485 RFE response was received by USCIS on July 16th 2008 and my I-485 processing has resumed. I was wondering if USCIS will consider my approved I-140 for processing my I-485. Also, any other suggestions you could give me would be appreciated.
I am a little confused - Were two separate I-140 applications filed for you. If not why was a motion to reopen filed by your attorney if you received an approval notice. I am wondering why your attorney did not just inform the USCIS that they issued two receipts for the same case. As far as I can tell right now you should wait for the processing of your case. On another note even though your priority date is current your service center might not be processing cases with your filing date.
1) My I-485(EB2-India) application file has two I-140 receipts (both of these are EB2) one of these I-140 is approved and the other was denied and a Motion to Reopen has been filed for this. How will the two EB2 I-140s affect my I-485 application?
2) I got a RFE for my I-1485 on June 17th 2008, asking for a I-140 approval notice. As we do not have a physical approval (never received the approval, may be lost in mail) notice my current attorney responded to the I-485 RFE and included the first I-140 receipt notice and also a copy of the approval email received from USCIS. The attorney also included the details of the second I-140 i.e the Motion to Reopen (I-290B) notice. Is the approach a good one?
3) My attorney also requested to consider the approved I-140 for adjucating the I-485 for me and my wife since the approved I-140 was filed and approved before filing the I-1485 and also we were married before the I-485 was filed. Will USCIS consider this request?
4) Also, will USCIS have a copy of my I-140 approval notice and will they use that and consider my I-485 case?
5) Will a Infopass appointment help in anyways?
My PERM labor was approved in May 2006 and my priority date is current for August 2008. The I-485 RFE response was received by USCIS on July 16th 2008 and my I-485 processing has resumed. I was wondering if USCIS will consider my approved I-140 for processing my I-485. Also, any other suggestions you could give me would be appreciated.
I am a little confused - Were two separate I-140 applications filed for you. If not why was a motion to reopen filed by your attorney if you received an approval notice. I am wondering why your attorney did not just inform the USCIS that they issued two receipts for the same case. As far as I can tell right now you should wait for the processing of your case. On another note even though your priority date is current your service center might not be processing cases with your filing date.
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unseenguy
06-12 01:02 AM
dilipcr ....... I am perplexed by your responses. To be honest you are flip flopping in your statements. Now if you lose job, please do not come to India seeking a job as PIO. or dual citizen. Should India be also closing doors on her children who showed her backside?
gdilla
07-26 02:25 PM
I suspect being unemployed in any country is a crappy experience. Get a job first. There's lots of job sites online, check it out for yourself. Tap your network, etc. You can even setup your own company/consultancy and serve your US clients if you so desire.
But what about the jobs in Canada? How bad is it? Without a job, what is the point of quality of life etc.?
But what about the jobs in Canada? How bad is it? Without a job, what is the point of quality of life etc.?
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BharatPremi
12-13 05:09 PM
If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??
jazz
Yes, exactly that is the point. What would be the purpose(backdoor policy theme) to implement Per country limit , particularly for EB category? And why IN, Philipines, MX and china are the only choosen ones?
jazz
Yes, exactly that is the point. What would be the purpose(backdoor policy theme) to implement Per country limit , particularly for EB category? And why IN, Philipines, MX and china are the only choosen ones?
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CreatedToday
09-04 02:09 PM
It is you responded first to this news with this post, encouraging others to comment against a dead person. Also with the full name of a member revealed, it's possible that you are _truefacts!
Now are you trying to come out clean?
Quote:
Originally Posted by rcr_bulk
Andhra CM YSR chopper has been missed since yesterday.
Good for the world
Post further discussions on websites like idlebrain, great andhra etc...
Lets keep away from such topics
__________________
"Never doubt that a small group of thoughtful, committed citizens can change the world"
- Margaret Mead
Please stop this unnecessary useless discussion here. And I am not "_truefacts". Folks, just like how u do IT or medicine, for politicians - politics is a career. They do whatever they can to be in power and in developing countries like India where unfortunately, corrpution still exists. Corrpution exists everywhere in different forms. Don't we all pay for EAD and AP every year because our country is retrogressed? Don't we all pay for MTR when we do everything based on law?
One has to accpept the reality and live with it and try to bring about the change within one's parameters.
People can argue just for the sake of arguements - but the reality is that we are all in it together. If there is an issue that affects all of us, it affects all of us - period. We can argue and counter argue but unless we all get on the same page and understand that there needs to be a solution rather than trask talk, things are not going to change for us.
Lets concentrate on what we are in this organization for.
Now are you trying to come out clean?
Quote:
Originally Posted by rcr_bulk
Andhra CM YSR chopper has been missed since yesterday.
Good for the world
Post further discussions on websites like idlebrain, great andhra etc...
Lets keep away from such topics
__________________
"Never doubt that a small group of thoughtful, committed citizens can change the world"
- Margaret Mead
Please stop this unnecessary useless discussion here. And I am not "_truefacts". Folks, just like how u do IT or medicine, for politicians - politics is a career. They do whatever they can to be in power and in developing countries like India where unfortunately, corrpution still exists. Corrpution exists everywhere in different forms. Don't we all pay for EAD and AP every year because our country is retrogressed? Don't we all pay for MTR when we do everything based on law?
One has to accpept the reality and live with it and try to bring about the change within one's parameters.
People can argue just for the sake of arguements - but the reality is that we are all in it together. If there is an issue that affects all of us, it affects all of us - period. We can argue and counter argue but unless we all get on the same page and understand that there needs to be a solution rather than trask talk, things are not going to change for us.
Lets concentrate on what we are in this organization for.
cbpds
01-13 06:11 PM
Will these rules apply for H1 re-stamping or is it just for H1 renewals only?
That seems to be the intention here..
That seems to be the intention here..
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addsf345
05-29 04:21 PM
If you guys had a chance of getting substitute labor today you will try to take it at any cost. But you will not want to contribute $25 to IV. If you had a chance of getting a greencard via L1A route you will do it. Just because you cannot get a substitute labor or L1A, you are saying sour grapes.
This is a bitter truth that we do not like to hear but each will do if they get a chance. Sub labor was legal when it was there and L1A route is also legal today. It is for USCIS to decide if there is a loophole. Stop behaving like an anti-immigrant. Just because you are not able to get this privilege does not mean others cannot try. If you want to try, try to get more visas for everyone rather than blocking people.
well said. Our main problem is country quota. some one posted a nice thread, I guess the title was something like 'is being born in INDIA a bad karma???" - I always remember that. No one should be punished for having been born in certain country.
Having said that, one my very good friend tried to form state IV chapter and contacted around 20 Desis who are on EAD and in the same boat as rest of us. As united the indians are, none of the 20 showed any interest in joining IV or fighting for their right using civil democratic way. People just dont' want to do anything. They are fine with wait times. So I guess this is the fate.
On a side note, in our company there are ppl from other countries having got GC in a year, in front of our eyes, still no awareness, no courage, no unity, no initiative. God Bless Retrogression.
This is a bitter truth that we do not like to hear but each will do if they get a chance. Sub labor was legal when it was there and L1A route is also legal today. It is for USCIS to decide if there is a loophole. Stop behaving like an anti-immigrant. Just because you are not able to get this privilege does not mean others cannot try. If you want to try, try to get more visas for everyone rather than blocking people.
well said. Our main problem is country quota. some one posted a nice thread, I guess the title was something like 'is being born in INDIA a bad karma???" - I always remember that. No one should be punished for having been born in certain country.
Having said that, one my very good friend tried to form state IV chapter and contacted around 20 Desis who are on EAD and in the same boat as rest of us. As united the indians are, none of the 20 showed any interest in joining IV or fighting for their right using civil democratic way. People just dont' want to do anything. They are fine with wait times. So I guess this is the fate.
On a side note, in our company there are ppl from other countries having got GC in a year, in front of our eyes, still no awareness, no courage, no unity, no initiative. God Bless Retrogression.
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sroyc
02-14 11:59 AM
I was watching an episode of the BBC series - Planet Earth where people involved in the conservation and protection of the tiger and other endangered animals were lamenting about how difficult it is for the intellectuals to convince those living close to these animal habitats to help in conservation when they are not able to feed their children and are affected by the tiger killing farm animals.
This is not exactly similar to the ROW Vs India/China debate. I'm definitely not implying that ROW applicants are not intellectuals. The gist of what I've learnt from that episode was that we cannot push for removal of per country quotas without significantly speeding the processing times for everyone. I have no doubt that the per country quota is unfair to people from countries with large populations simply because we are representing ourselves and not our countries here. (We have been bracketed according to the country of birth in order for USCIS to enforce the current immigration laws.) But at the same time, we'll lose the much required support of ROW members if our approach is to unload a few years of our misery on them.
With so many people stuck in the backlog, we definitely need a one-time fix to flush the queue before we can lobby for removal of per country quotas.
This is not exactly similar to the ROW Vs India/China debate. I'm definitely not implying that ROW applicants are not intellectuals. The gist of what I've learnt from that episode was that we cannot push for removal of per country quotas without significantly speeding the processing times for everyone. I have no doubt that the per country quota is unfair to people from countries with large populations simply because we are representing ourselves and not our countries here. (We have been bracketed according to the country of birth in order for USCIS to enforce the current immigration laws.) But at the same time, we'll lose the much required support of ROW members if our approach is to unload a few years of our misery on them.
With so many people stuck in the backlog, we definitely need a one-time fix to flush the queue before we can lobby for removal of per country quotas.
more...
greenscope
09-24 10:10 AM
When can I get my gc based on these uscis data for sept 2005 eb-2.Please suggest me.
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gg_ny
02-13 08:03 AM
im willing to pay 1000's of dollars in lawyer's fees..
this im intersted in more than sending letters.
pls explore class action suit.
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/11/AR2008021103132.html
this im intersted in more than sending letters.
pls explore class action suit.
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/11/AR2008021103132.html
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kiran_k02
08-17 01:42 AM
Exactly.
This part amazes me most.
He is an actor on a personal visit and now govt of India has to intervene.
And look at the protesters.
There are thousands of more important issues in India and they don't bother them while detention of SRK makes them protest. Hight of stupidity.
Amen!!
This part amazes me most.
He is an actor on a personal visit and now govt of India has to intervene.
And look at the protesters.
There are thousands of more important issues in India and they don't bother them while detention of SRK makes them protest. Hight of stupidity.
Amen!!
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unitednations
02-18 10:15 PM
I understand that there is concern about people from visitor visa category (Tourist B1 B2)would be filing for green cards and that shall cause the retrogression to be perpetual...a few adjustments to the applicable statute can rectify that...
Yes, it can't be blanket filing. If there is a time limit to it; or a restriction that it can only be done from H-1b visa then it would take care of this issue if the priority date isn't current.
However, the e-mail I posted a few posts back would not prevent that person because their priority date would be current; they could also go for consular route since date is current.
Yes, it can't be blanket filing. If there is a time limit to it; or a restriction that it can only be done from H-1b visa then it would take care of this issue if the priority date isn't current.
However, the e-mail I posted a few posts back would not prevent that person because their priority date would be current; they could also go for consular route since date is current.
more...
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mirage
04-16 07:46 AM
Most sickening part was UPA leaders only concentrated on abusing, denying and accusing. They never told the voters if they did any work in last 5 years. I know there wasn't a lot to tell but still the whole campaign is kind of useless...and the role of media is amazing, they just covered 5 people Maino Antonia, Rahul Gandhi, Priyanka Gandhi, Advani & Modi as if nobody else exist in the country. Priyanka Gandhi wakes up every 5 years during elections and media runs after...How sick a country we are ???
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venetian
05-17 12:27 AM
Your statement completely misleads and not true.
SL Tamils are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came more than 500 years ago to Sri Lanka, SL Tamils had their own kingdom but when finally British left, they left the Tamils land and fate with the hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.
Of course as you said, there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations. Besides, Muslims in Sri Lanka also speak Tamil but they don’t usually associate racially with Tamils and maintain separate identity
Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal in this conflict.
Please do some research before putting things in historical puerspective.
We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.
SL Tamils are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came more than 500 years ago to Sri Lanka, SL Tamils had their own kingdom but when finally British left, they left the Tamils land and fate with the hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.
Of course as you said, there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations. Besides, Muslims in Sri Lanka also speak Tamil but they don’t usually associate racially with Tamils and maintain separate identity
Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal in this conflict.
Please do some research before putting things in historical puerspective.
We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.
more...
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vamsi_poondla
02-14 12:51 PM
Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.
http://www.aclumich.org/modules.php?name=News&file=article&sid=567
https://www.aclumich.org/pdf/licensecomplaint.pdf
A new ruling is different than challenging an existing rule. So, we cannot compare with DL Issue. Name checks, I don't think it is logical. But at the same time, it is not with sinister design as well. Latest memo doesnt admit that they introduced this to screw us. It happened consequentially due to delays, less funding allocation and other processing slack. (BTW, I think MI IV Leadership team did a wonderful job for the DL Issue.)
http://www.aclumich.org/modules.php?name=News&file=article&sid=567
https://www.aclumich.org/pdf/licensecomplaint.pdf
A new ruling is different than challenging an existing rule. So, we cannot compare with DL Issue. Name checks, I don't think it is logical. But at the same time, it is not with sinister design as well. Latest memo doesnt admit that they introduced this to screw us. It happened consequentially due to delays, less funding allocation and other processing slack. (BTW, I think MI IV Leadership team did a wonderful job for the DL Issue.)
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ramus
06-28 05:56 PM
So this is very clear example where dates were current for June but they just came up on June 5th and asked to reject all other worker application..
Now why can't they do fsame or EB?
Do you know if they even accepected application that they got before June 5th.
That was 5th June as per Oh's website and Oh's website was quoting AILA's memo.
Now why can't they do fsame or EB?
Do you know if they even accepected application that they got before June 5th.
That was 5th June as per Oh's website and Oh's website was quoting AILA's memo.
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krishnam70
07-11 07:36 PM
TN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.
TN is given for two years. Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small company (about 90 employees), and we hire people from all over the world. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state.
With TN you get stamped at the border -- and welcome back to the USA! :)
Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
Using NEXUS.. doing my research..
TN is given for two years. Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small company (about 90 employees), and we hire people from all over the world. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state.
With TN you get stamped at the border -- and welcome back to the USA! :)
Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
Using NEXUS.. doing my research..
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logiclife
01-23 05:18 PM
what happens to the people who got their GC's using labor from this guys company? Hopefully they are not affected, it will be sad to see their lives in trouble because of him.
They will be affected. If you pay cash $20,000 to buy an approved labor, you are breaking that law too, and at the minimum, they would be reapplying for GC again, at the maximum, deportation, for breaking immigration laws.
In fact, if your immigration case was approved with fraudulent information/documents unbeknownst to you and if you employer was alone in the fraud, even then the approved petition(whether its H1, labor, 140, 485) would be voided by USCIS.
What is really frustrating is that backlog centers keep approving labors from very early priority dates and these employers keep responding to 45 day letters saying that "Yes" they want to proceed with labor even though the employee would have left a long time ago. And they do it with the intention of either selling it for cash or using it as an incentive to hire a person on a lower-than-market salary. That it is one of the reasons why PDs are not moving forward...all these old old labors are being recycled into the system.
And this was cybersoftec was in Edison NJ. I wouldnt be surprised if you can find a dozen companies doing this within 1 mile radius of this guy in Edison NJ. No offense meant to NJ or the township of Edison. But boy that place reeks with stinking desi employers.
The only thing that has stopped since Nick Mandalappa was caught is that they've stopped selling it on sulekha.com. If he hadnt been caught, then these guys would be selling approved labors on eBay by now.
They will be affected. If you pay cash $20,000 to buy an approved labor, you are breaking that law too, and at the minimum, they would be reapplying for GC again, at the maximum, deportation, for breaking immigration laws.
In fact, if your immigration case was approved with fraudulent information/documents unbeknownst to you and if you employer was alone in the fraud, even then the approved petition(whether its H1, labor, 140, 485) would be voided by USCIS.
What is really frustrating is that backlog centers keep approving labors from very early priority dates and these employers keep responding to 45 day letters saying that "Yes" they want to proceed with labor even though the employee would have left a long time ago. And they do it with the intention of either selling it for cash or using it as an incentive to hire a person on a lower-than-market salary. That it is one of the reasons why PDs are not moving forward...all these old old labors are being recycled into the system.
And this was cybersoftec was in Edison NJ. I wouldnt be surprised if you can find a dozen companies doing this within 1 mile radius of this guy in Edison NJ. No offense meant to NJ or the township of Edison. But boy that place reeks with stinking desi employers.
The only thing that has stopped since Nick Mandalappa was caught is that they've stopped selling it on sulekha.com. If he hadnt been caught, then these guys would be selling approved labors on eBay by now.
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psgprasad
07-03 04:34 PM
Requesting IV core to setup webfax and IV action items to call senators and congressmen on the mid month retrogression issue and bad process followed by USCIS and DOS
The response by congresswoman Rep. Lofgren should be added in the webfax and our phone calls.
The response by congresswoman Rep. Lofgren should be added in the webfax and our phone calls.
chanduv23
02-13 10:48 PM
Emotional Bravado Talk is a poor substitute to calm ruthless analysis approach.
Why don't you sue DMV or Michigan congress (if possible).
If the supporters of lawsuit are really enraged as they claim to be then there next post will be detailing their conversations with Rajiv Khanna, hopefully making a case for a lawsuit. They will have to put the down payment of ~600 dollars.
Until then this lawsuit loose talk will remain just that , loose talk . Fit to be dismissed.
Lets see how this goes - so many people voting for the lawsuit. Those who vote, MUST provide valid reachable email ids and phone numbers and MUST provide valid names.
Those who vote yes, MUST engage in active discussion to move ahead. A good way to begin would be to consult an Attorney, so the discussion should move towards that side.
Identify leaders who will lead this effort and form a mailing list and everyone who voted can join the mailing list and discuss.
Lets see how the discussions move.
Can we walk the talk?
Why don't you sue DMV or Michigan congress (if possible).
If the supporters of lawsuit are really enraged as they claim to be then there next post will be detailing their conversations with Rajiv Khanna, hopefully making a case for a lawsuit. They will have to put the down payment of ~600 dollars.
Until then this lawsuit loose talk will remain just that , loose talk . Fit to be dismissed.
Lets see how this goes - so many people voting for the lawsuit. Those who vote, MUST provide valid reachable email ids and phone numbers and MUST provide valid names.
Those who vote yes, MUST engage in active discussion to move ahead. A good way to begin would be to consult an Attorney, so the discussion should move towards that side.
Identify leaders who will lead this effort and form a mailing list and everyone who voted can join the mailing list and discuss.
Lets see how the discussions move.
Can we walk the talk?
venky321
01-13 08:52 PM
Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.
Now they go back and say that was a misinterpretation of existing laws :eek:
Now they go back and say that was a misinterpretation of existing laws :eek:
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