sroyc
07-11 04:43 PM
There is a lot of hurtburn among folks here abt a lot of things...Does that mean USCIS is going to cater to every case of heartburn. I dont think so.
What else would explain EB2 China's PD going back to EB2 India's PD (April 2004) when visas from EB2-ROW were made available and then both PD's moving to June 2006 (which was EB2 China's PD before it became unavailable)?
They could have set it to March 2005 and it would have been enough to exhaust the remaining EB2-ROW visas left considering the number of EB2 India applicants in the backlog. The fact is that there are not enough EB2 China applicants left in 2003/2004/2005. The only way they can get a fair share of the EB2-ROW spillover was if PD's for both EB2 India and China were moved to 2006.
What else would explain EB2 China's PD going back to EB2 India's PD (April 2004) when visas from EB2-ROW were made available and then both PD's moving to June 2006 (which was EB2 China's PD before it became unavailable)?
They could have set it to March 2005 and it would have been enough to exhaust the remaining EB2-ROW visas left considering the number of EB2 India applicants in the backlog. The fact is that there are not enough EB2 China applicants left in 2003/2004/2005. The only way they can get a fair share of the EB2-ROW spillover was if PD's for both EB2 India and China were moved to 2006.
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nomi
12-11 02:38 PM
[QUOTE=wildvoice]
Yes, I am definitely for this idea that we should petition/ask USCIS to change the rules to allow those with approved I-140 to be able to file I-485 while their PD is not yet current even if we would pay US$5,000.:rolleyes:
[QUOTE]
Yes, I am definitely for this idea that we should petition/ask USCIS to change the rules to allow those with approved I-140 to be able to file I-485 while their PD is not yet current even if we would pay US$5,000.:rolleyes:
[QUOTE]
nixstor
07-05 01:46 PM
I'll just go back to forums of the leading lady immigration lawyer....
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20 USD per month + satisfaction of fighting for a cause
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15 min Murthy session for 225 USD
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rk78
06-11 05:23 PM
sent e-mail to AZ senators
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Googler
02-20 02:54 PM
I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:
And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
http://immigration-information.com/forums/showthread.php?t=4285
"Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
In April, India and China EB2 will be set at 12/01/2003
EB3 for India and China will slow down for the rest of the fiscal year."
I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.
But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.
I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.
And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
http://immigration-information.com/forums/showthread.php?t=4285
"Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
In April, India and China EB2 will be set at 12/01/2003
EB3 for India and China will slow down for the rest of the fiscal year."
I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.
But his statement at the AILA meeting has been bothering me so I talked to him again today. Here is what he said -- that he is considering not only the EB-1 India excess, but the entire EB-1 worldwide excess being given to oversubscribed EB-2! I asked him about his earlier statement and he said that he had had a chance to look at the numbers and determine that unlike recent years EB-1 worldwide is not using numbers up at a rate that would max out EB-1 usage. BUT. He is waiting for USCIS to give him an estimate of the number of EB-2 India applications that would become eligible if he moves the cutoff dates up to 12/1/03, he will set the date ONLY after he gets that data and determines that there won't be too many within that cutoff date.
I also asked him to confirm that he was relying on his interpretation of Section 202(a)(5) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe) of the INA in order to proceed with this spillover. This is his current interpretation of that section -- spillover from EB-1 to EB-2 IF there appears to be a worldwide excess in EB-1, when there is no worldwide excess in EB-1 then country specific spillover for example, from EB-1 India to EB-2 India only etc. In past years like FY06, EB-1 ROW was looking maxed out, so barely any spillover from EB-1 to oversubscribed EB-2.
GCanyMinute
08-02 01:56 PM
Hi Guys I'm pretty new in all this and i've been following this discussion and perhaps someone can help me.... here is the question.... Do I have a visa number available ?? If so why am I waiting that long??
here is my story:
i'm EB3 world - got my labor pd is 05/2002, and I concurrent filled I-485/I-140 on 05/2003.... already made 2 fingerprints..... I-140 was approved on 12/2005 (TSC).... i renew my EAD every year since I filled.
if what you guys are saying is correct that in order to accept the I-485 to be filled USCIS need to have a visa number available to the applicant.... y am I still waiting?? :confused:
thanks for the help and i'm sorry in advance for my lack of knowledge :)
here is my story:
i'm EB3 world - got my labor pd is 05/2002, and I concurrent filled I-485/I-140 on 05/2003.... already made 2 fingerprints..... I-140 was approved on 12/2005 (TSC).... i renew my EAD every year since I filled.
if what you guys are saying is correct that in order to accept the I-485 to be filled USCIS need to have a visa number available to the applicant.... y am I still waiting?? :confused:
thanks for the help and i'm sorry in advance for my lack of knowledge :)
more...
nixstor
10-15 01:37 PM
IV has been working with officials in DHS (not USCIS) to find the exact number of AOS applications pending sorted by priority date, per country, per category.
Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.
FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Google docs (http://docs.google.com/Doc?id=ddkc5z3x_4cj4sxwgh) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.
If you are really information hungry, this is your chance to get it.
(1) Download attachment
(2) Replace John Doe information with yours & print it
(3) Notarize it and fax/mail it. Notarizing your request prevents from frivolous rejection
Fax number (816) 350-5785. Make sure you get your confirmation if you fax it.
Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.
FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Google docs (http://docs.google.com/Doc?id=ddkc5z3x_4cj4sxwgh) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.
If you are really information hungry, this is your chance to get it.
(1) Download attachment
(2) Replace John Doe information with yours & print it
(3) Notarize it and fax/mail it. Notarizing your request prevents from frivolous rejection
Fax number (816) 350-5785. Make sure you get your confirmation if you fax it.
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breddy2000
06-13 12:37 PM
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2007/06/13/MNG88QE8HV1.DTL&type=politics
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giveme_gc
10-15 08:40 PM
1) Rope in folks such as Vinod Khosla and Indra Nooyi to talk for us
2) Differentiate ourselves from illegal immigrants
3) Statistics such as taxes paid, contribution to economy, etc will help
4) Ability to purchase homes, start business, and create jobs
5) For the sizeable population we are, involvement in crime is minimal
6) Peace loving people who want to live in this county and contribute towards its growth.
Legal immigrant lobbies are weaker than illegal ones. We need to get more lobbying power to contribute to our causes. I dont know how many there are now, but we sure are weaker than the ones supporting the illegal immigrants. A lot more power in the corridors of Washington are needed to move things to our side. Hopefully our next generation will see better representation than the woeful lack that we face now. I agree with Bechara that sending flowers wont help.
2) Differentiate ourselves from illegal immigrants
3) Statistics such as taxes paid, contribution to economy, etc will help
4) Ability to purchase homes, start business, and create jobs
5) For the sizeable population we are, involvement in crime is minimal
6) Peace loving people who want to live in this county and contribute towards its growth.
Legal immigrant lobbies are weaker than illegal ones. We need to get more lobbying power to contribute to our causes. I dont know how many there are now, but we sure are weaker than the ones supporting the illegal immigrants. A lot more power in the corridors of Washington are needed to move things to our side. Hopefully our next generation will see better representation than the woeful lack that we face now. I agree with Bechara that sending flowers wont help.
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ramus
07-02 06:07 PM
Thank you... Every drop in the ocean counts.
There are 1200 members online... Once you contribute please put link of this thread in our main thread..
Thanks a lot.
contributed 100 just now, my drop in the ocean, I will try to add more drops in coming days.
There are 1200 members online... Once you contribute please put link of this thread in our main thread..
Thanks a lot.
contributed 100 just now, my drop in the ocean, I will try to add more drops in coming days.
more...
PD_Dec2002
03-03 04:44 PM
My $0.02:
Add this option to the poll as well to get a realistic picture:
I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.The 1 MM people in the line for EB green card (quoted from singhsa3's 02:48 pm post #6 http://immigrationvoice.org/forum/showpost.php?p=227738&postcount=6) as you say are highly skilled. And even though they have the money are not financially stupid (at least a significant chunk) to buy a house just for the lure of a green card. This "smart" significant chunk will buy a house when among other reasons, they believe market conditions are right and are comfortable with their decision. A house might be your single-most biggest investment/asset/liability that you will ever have and even a "gold" card (forget green card) will not make anyone place such bets.
We bought our house way back in 2002. We still don't have our green cards, but we bought it after evaluating the risks and rewards.
Regards,
Jayant
Add this option to the poll as well to get a realistic picture:
I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.The 1 MM people in the line for EB green card (quoted from singhsa3's 02:48 pm post #6 http://immigrationvoice.org/forum/showpost.php?p=227738&postcount=6) as you say are highly skilled. And even though they have the money are not financially stupid (at least a significant chunk) to buy a house just for the lure of a green card. This "smart" significant chunk will buy a house when among other reasons, they believe market conditions are right and are comfortable with their decision. A house might be your single-most biggest investment/asset/liability that you will ever have and even a "gold" card (forget green card) will not make anyone place such bets.
We bought our house way back in 2002. We still don't have our green cards, but we bought it after evaluating the risks and rewards.
Regards,
Jayant
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rockstart
09-27 03:18 PM
I think this is pure ignorence on part of the reporter. Most Americans are not aware of either H1 or GC all they know is legal & Illegal immigrant. they dont understand the finer details of the system.
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dontcareanymore
08-10 03:04 PM
That means EB2 India/China will see drastic movement this year....may be to end or 2007 or 2008?
Wishful thinking ?:)
Wishful thinking ?:)
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Dhundhun
09-17 07:15 PM
Not relevent to immigration, but, It is important for us to hold job. A lot of bleeding happening in financial segment and our jobs may be at risk.
These bailouts has been described by Professor Nouriel Roubini as "privatization of profit and socialization of losses" (http://timesofindia.indiatimes.com/US_govt_spends_900b_to_take_over_failing_cos/articleshow/3495793.cms). I think communists are as "socialization of profits as well as losses".
My couple of friends are expert in FIX (Financial Information eXchange) and were asking me to move in that area. Now, I am not sure to put it on hold or entirely shelve it. But this is just an idea, how we could be affected by this downturn and priorities can change.
These bailouts has been described by Professor Nouriel Roubini as "privatization of profit and socialization of losses" (http://timesofindia.indiatimes.com/US_govt_spends_900b_to_take_over_failing_cos/articleshow/3495793.cms). I think communists are as "socialization of profits as well as losses".
My couple of friends are expert in FIX (Financial Information eXchange) and were asking me to move in that area. Now, I am not sure to put it on hold or entirely shelve it. But this is just an idea, how we could be affected by this downturn and priorities can change.
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BharatPremi
03-17 01:33 PM
1) Labor Substitution
2) Long EB3 queue and thus switching to EB2
3) Not geeting PBEC/DBEC labor approval for avg 4 to 6 years
4) I-140 approval queue
5) Name Check queue
6) Bogus multiple filings filing (To take a chance people pursue multiple
filings. This generally is done through desi
companies. In general one valid filing and other
is worked out for rainy days)
7) Vaild multiple filings ( Example: Husband and wife both on H1. One file with
husband as principal applicant and other is with Wife
a principal applicant)
8) You have current PD but your RD is not current. And when your RD becomes current PD does not remain current
All have played their parts for keeping us at where we are right now. But if you want to curse you may curse only to the lot in no:1 (Curse target: applicants) and 2 to 5 & 8 (Curse target: USCIS)... Otherwise all other
streams flourished out of frustration or manipulataive calculation to have security net.
2) Long EB3 queue and thus switching to EB2
3) Not geeting PBEC/DBEC labor approval for avg 4 to 6 years
4) I-140 approval queue
5) Name Check queue
6) Bogus multiple filings filing (To take a chance people pursue multiple
filings. This generally is done through desi
companies. In general one valid filing and other
is worked out for rainy days)
7) Vaild multiple filings ( Example: Husband and wife both on H1. One file with
husband as principal applicant and other is with Wife
a principal applicant)
8) You have current PD but your RD is not current. And when your RD becomes current PD does not remain current
All have played their parts for keeping us at where we are right now. But if you want to curse you may curse only to the lot in no:1 (Curse target: applicants) and 2 to 5 & 8 (Curse target: USCIS)... Otherwise all other
streams flourished out of frustration or manipulataive calculation to have security net.
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ewana
08-26 12:11 AM
Thanks willigetagc and sayantan76 for your reply.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
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diptam
11-27 11:49 PM
hey - My July's EAD app was my 3rd and I filed up the date and details of just the 2nd EAD.
Mine was a paper App - I filled and then printed the form. They approved it after 76 days.
, mailed it after 87 days and I got got EAD at hand in 91 days.
Didn't provide any details about 1st EAD ... they can easily find it out - if needed :)
I am trying to self file I765, I want to paperfile since I don't want to go for photos and other stuff to the Uscis center. My lawyer has filed my earlier applications for employment authorization and parole. He has filled all my previous employment authorization dates on the I765 forms, however I cannot fill more than 2 dates on the I765 forms, do I convert the form into word and fill it and reconvert it back? I have to file next week, please help.
Mine was a paper App - I filled and then printed the form. They approved it after 76 days.
, mailed it after 87 days and I got got EAD at hand in 91 days.
Didn't provide any details about 1st EAD ... they can easily find it out - if needed :)
I am trying to self file I765, I want to paperfile since I don't want to go for photos and other stuff to the Uscis center. My lawyer has filed my earlier applications for employment authorization and parole. He has filled all my previous employment authorization dates on the I765 forms, however I cannot fill more than 2 dates on the I765 forms, do I convert the form into word and fill it and reconvert it back? I have to file next week, please help.
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nomi
12-11 02:48 PM
Since this has always been pushed through legilative means (S.1932), there might be a hurdle involved in using "Rulemaking" approach to this solution, nevertheless this idea should atleast be explored. Here is how rulemaking procedures work in Govt Agency: (Adding Flexibility is something that can be done through Rulemaking).
http://en.wikipedia.org/wiki/Rulemaking
Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.
I think we should study that how does USCIS make new rule without going into Congress and then see how can we implement this rule or atleast ask them to consider this option.
http://en.wikipedia.org/wiki/Rulemaking
Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.
I think we should study that how does USCIS make new rule without going into Congress and then see how can we implement this rule or atleast ask them to consider this option.
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zen
04-06 08:55 PM
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
well if the employer is not supporting you ..then maybe the IO does have the authority to refuse ?? (well assuming that these cases are correct ..then I guess we can assume that IO has recd instructions from his superiors) it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
well if the employer is not supporting you ..then maybe the IO does have the authority to refuse ?? (well assuming that these cases are correct ..then I guess we can assume that IO has recd instructions from his superiors) it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
seeker999
08-12 09:36 AM
I like the idea of separate fund for EB3.
Is there no one in IV admins /founders who are interested in EB3?
I believe we need to have a EB3 wing in IV ,Ideally the max donors in EB3 ( atleast 10) can be the decision makers and can ensure EB3 voice is also heard.
We should have the % board members in IV from EB3 wing reflecting the amounts donated by EB3.
Looks like we already have Patton Boggs lobbying for IV. Did any EB3 candidate ever given an chance to interact with them. Exactly how does this work ?
http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48
I feel that if given a chance to talk to Patton Boggs and present our views. There can be huge amounts of funds that can be raised.
Is there no one in IV admins /founders who are interested in EB3?
I believe we need to have a EB3 wing in IV ,Ideally the max donors in EB3 ( atleast 10) can be the decision makers and can ensure EB3 voice is also heard.
We should have the % board members in IV from EB3 wing reflecting the amounts donated by EB3.
Looks like we already have Patton Boggs lobbying for IV. Did any EB3 candidate ever given an chance to interact with them. Exactly how does this work ?
http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48
I feel that if given a chance to talk to Patton Boggs and present our views. There can be huge amounts of funds that can be raised.
ashwin_27
02-07 06:09 PM
I will be traveling from the west coast and am trying to find other South Cal folks who are travelling to the event. Maybe we can coordinate travel, if possible.
Also, would appreciate any car pooling options when in DC/VA.
Also, would appreciate any car pooling options when in DC/VA.
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