coopheal
11-10 05:13 PM
All,
IV has put in significant effort in creating this survey to map the strength of our community.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
Answered the the survey.
IV has put in significant effort in creating this survey to map the strength of our community.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
Answered the the survey.
wallpaper Love Birds by b-photo
kaisersose
08-06 09:19 AM
capturing visa numbers would put an end to our misery. and increasing the employment based visa will pave way for future immigrants. handling a few thousand more cases is not a big deal for USCIS(there may be performance issues but not like difficulty of hiring more people to do the stuff!). don't get panicky about the number. it should be lot less than you would think.
I think 700K is an exaggeration too. One top attorney was saying that he has filed only a few hundred cases in July. if you assign an average of 250 cases for every attorney in the US, we need two thousand attorneys to arrive at 500K.
If DOS/USCIS can recapture unused visa numbers and stop assigning visa numbers to family members of EB category applicants, I think that will work very well without increasing EB quota.
I think 700K is an exaggeration too. One top attorney was saying that he has filed only a few hundred cases in July. if you assign an average of 250 cases for every attorney in the US, we need two thousand attorneys to arrive at 500K.
If DOS/USCIS can recapture unused visa numbers and stop assigning visa numbers to family members of EB category applicants, I think that will work very well without increasing EB quota.
aj1234567
10-04 06:29 PM
Hi Gurus-
One of my friends had received strange letter from the consulate saying that
We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.
With this letter we are returning your passport. no additional information or documents are required from you.
We will contact you once a final decision has been made on your application
Please advice me why they send this letter and what necessary action we need to take..
Thanks
Aj
One of my friends had received strange letter from the consulate saying that
We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.
With this letter we are returning your passport. no additional information or documents are required from you.
We will contact you once a final decision has been made on your application
Please advice me why they send this letter and what necessary action we need to take..
Thanks
Aj
2011 White black and white love
jhaalaa
11-11 10:56 AM
I agree that every single job loss matters and I support keeping jobs here where possible - unless essential.
Interestingly, jobs lost due to outsourcing are far less than other factors. Here is some interesting survey link:
Where the Jobs Went - Careers (http://www.cioinsight.com/c/a/Careers/Where-the-Jobs-Went-517950/?kc=CIOMINUTE11112009CIOA)
The reason I posted it here is because the anti-immigrant lobby also views immigrants as supporters of outsourcing - which is not true because we look wholistically from an economic perspective. Also we are comparatively less emotionally charged about local issues, something that we should be more involved in to ensure comfortable assimilation for natives and immigrants alike.
Interestingly, jobs lost due to outsourcing are far less than other factors. Here is some interesting survey link:
Where the Jobs Went - Careers (http://www.cioinsight.com/c/a/Careers/Where-the-Jobs-Went-517950/?kc=CIOMINUTE11112009CIOA)
The reason I posted it here is because the anti-immigrant lobby also views immigrants as supporters of outsourcing - which is not true because we look wholistically from an economic perspective. Also we are comparatively less emotionally charged about local issues, something that we should be more involved in to ensure comfortable assimilation for natives and immigrants alike.
more...
xgoogle
08-25 02:08 PM
bump
pardesh
02-01 08:59 PM
I recently entered the US using AP, basically she would be abandoning her F1 as soon as she enters using her AP. Her status changes from International Student to Pending Immigrant (or something similar). BTW carry at least two original copies of AP. Even if she plans to work on EAD at school or later after graduation, it just makes sense to enter using her AP (think..).
more...
raj1998
04-21 09:51 AM
City of Houston eGovernment Center (http://www.houstontx.gov/)
2010 lack and white photography
gcdreamer05
08-05 05:11 PM
Guys n Girls,
I would like to listen to your views or experience in this matter. As we know, the employer is now required to pay for all fees associated with filing a labor certification (first step in the GC application). Is it legit for the employer to engage the employee in a contract that requires the employee to reimburse all immigration related fees (including the labor cert fee) to the employer if the employee quits the company when the GC petition is pending?
I guess DOL wants the employer to pay for the labor cert fee. Is it ok for the employer to get it back, say a year later, when the employee quits the company, which in sense would mean that the employee ended up paying for the labor cert.
Comments please.
Thanks!
that is totally illegal and if it happens and if someone complains to DOL then the employer will be in "Lake Soup"
I would like to listen to your views or experience in this matter. As we know, the employer is now required to pay for all fees associated with filing a labor certification (first step in the GC application). Is it legit for the employer to engage the employee in a contract that requires the employee to reimburse all immigration related fees (including the labor cert fee) to the employer if the employee quits the company when the GC petition is pending?
I guess DOL wants the employer to pay for the labor cert fee. Is it ok for the employer to get it back, say a year later, when the employee quits the company, which in sense would mean that the employee ended up paying for the labor cert.
Comments please.
Thanks!
that is totally illegal and if it happens and if someone complains to DOL then the employer will be in "Lake Soup"
more...
akilaakka
10-05 08:04 AM
Recently a friend of mine hot has GC approved. He is EB2, PD Dec 2005.
Nothing makes sense.
Thanks
Senthil
Nothing makes sense.
Thanks
Senthil
hair justin bieber lack and white
villamonte6100
08-21 12:29 PM
So, once you have finished the security check, your I485 is approved, unless CIS wants to interview you. You said only a small percentage, wow, I hope I don't get called for interview.
How long did you wait after your biometrics to get your 485 got approved?
How long did you wait after your biometrics to get your 485 got approved?
more...
rc10580
06-14 11:21 AM
Wow, so you were able to file I-140 and I-485 at the same time? My PD is 11/01 but due to retrogression we are waiting for the visa numbers to become current to file :mad:
hot stock photo : Illustrated love
gbof
09-30 04:08 PM
I liked the tone and tenor of aila. What surprises me the most is there is NO work audit at uscis and they feel all powerful to scare/ trouble at their whim...
I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg3qQPPVjJ41w1MNGer1c944FXdo6_XbxZcYVuyDAArgjX1pBVHZKvSYlaeoCwbqgg-AF6MzuHqMQb4iRcvHrYB9I5_jENjesCK_OJdEqc6863V8-BPz5DJKmu0mbTHzgq4U6fxxUXiSmk/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg3qQPPVjJ41w1MNGer1c944FXdo6_XbxZcYVuyDAArgjX1pBVHZKvSYlaeoCwbqgg-AF6MzuHqMQb4iRcvHrYB9I5_jENjesCK_OJdEqc6863V8-BPz5DJKmu0mbTHzgq4U6fxxUXiSmk/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg3qQPPVjJ41w1MNGer1c944FXdo6_XbxZcYVuyDAArgjX1pBVHZKvSYlaeoCwbqgg-AF6MzuHqMQb4iRcvHrYB9I5_jENjesCK_OJdEqc6863V8-BPz5DJKmu0mbTHzgq4U6fxxUXiSmk/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg3qQPPVjJ41w1MNGer1c944FXdo6_XbxZcYVuyDAArgjX1pBVHZKvSYlaeoCwbqgg-AF6MzuHqMQb4iRcvHrYB9I5_jENjesCK_OJdEqc6863V8-BPz5DJKmu0mbTHzgq4U6fxxUXiSmk/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
more...
house lack and white photography
chanduv23
11-10 03:35 PM
--- bump ---
so many views but no replies yet :(
Yes, you can, but must not get paid. the work must be volunteer work only. My wife was involved in cardiology research for 3 months while on h4. She was not paid - she was just a volunteer.
I would recommend - not to get into unpaid work stuff. This is from personal experience. My wife was unpaid volunteer at Emory Cardiology research , and was being exploited - they found her to be good at work and started dumping all work to her - she was completing charts of paid employees and was working like hell because they set deadlines for her. We were furious and I pulled her out.
When she requested that they give her a recommendation letter for all the work she did - they were reluctant to do it and started yelling at her and were extremely rude so that she wont ask again - they bullied her into signing a document that would strip her name off all publications. Finally after a lot of persistence and insisting, they gave a letter of recommendation.
The reason I write this stuff is - to warn you all - do not get into this kind of stuff. The world is very exploitative and we cannot trust workplaces or people around us.
Use time on H4 for some good stuff - volunteer for IV or there are so many things you can do.
so many views but no replies yet :(
Yes, you can, but must not get paid. the work must be volunteer work only. My wife was involved in cardiology research for 3 months while on h4. She was not paid - she was just a volunteer.
I would recommend - not to get into unpaid work stuff. This is from personal experience. My wife was unpaid volunteer at Emory Cardiology research , and was being exploited - they found her to be good at work and started dumping all work to her - she was completing charts of paid employees and was working like hell because they set deadlines for her. We were furious and I pulled her out.
When she requested that they give her a recommendation letter for all the work she did - they were reluctant to do it and started yelling at her and were extremely rude so that she wont ask again - they bullied her into signing a document that would strip her name off all publications. Finally after a lot of persistence and insisting, they gave a letter of recommendation.
The reason I write this stuff is - to warn you all - do not get into this kind of stuff. The world is very exploitative and we cannot trust workplaces or people around us.
Use time on H4 for some good stuff - volunteer for IV or there are so many things you can do.
tattoo lack and white heart pendant
reddog
06-11 03:23 PM
The answer to your last question is Yes. Provided your prev employer does not file for a revocation of I140.
I have read this same opinion from many other lawyers.
Recent Murthy chat:
Question: My I-140 just got approved. Do I need to wait for 6 months or any timeframe before I change jobs and use AC portability? Also, can the new company apply in EB2 category (earlier was EB3) without losing the priority date?
Answer: AC21 portability is not an option until the I-485 has been filed and pending for at least 180 days. If the earlier I-140 petition is still valid, then a new employer can file a new LC and I-140 and request the transfer of the earlier PD from the earlier file.Jun-4-2007.
I have read this same opinion from many other lawyers.
Recent Murthy chat:
Question: My I-140 just got approved. Do I need to wait for 6 months or any timeframe before I change jobs and use AC portability? Also, can the new company apply in EB2 category (earlier was EB3) without losing the priority date?
Answer: AC21 portability is not an option until the I-485 has been filed and pending for at least 180 days. If the earlier I-140 petition is still valid, then a new employer can file a new LC and I-140 and request the transfer of the earlier PD from the earlier file.Jun-4-2007.
more...
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richasamuel@yahoo.com
08-29 10:51 PM
Hi frnds,
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
Keep one thing in mind every decision in life has its own pro's and con's.First of all with all self respect for yourself change your job.H1b itself is legalised slavery or human trafficking whatever you call it.unfortunately whether your employer tortures you or not every employer irrespective of whether you are a H1b or a Green card or a citizen will exploit you to the fullest, no matter what, that's the irony.
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
Keep one thing in mind every decision in life has its own pro's and con's.First of all with all self respect for yourself change your job.H1b itself is legalised slavery or human trafficking whatever you call it.unfortunately whether your employer tortures you or not every employer irrespective of whether you are a H1b or a Green card or a citizen will exploit you to the fullest, no matter what, that's the irony.
dresses lack and white photography
wandmaker
11-18 06:48 PM
enggr: You have completed the course in 2000 (per course completion certificate), but your degree was awarded in 2002 after you completed a supplemental exam. Since the position requires a candidate who qualifies for EB2, USCIS will deny your 140 petition. IMHO, you will have to start your green card journey from scratch.
more...
makeup Gorgeous Black amp; White
permfiling
01-19 09:59 AM
All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
You are right Chris, last year few folks left the company and the company downsized as well. The only way to retain ppl and make them sweat is to hire H1's with the promise of GC who will be obliged to work.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
You are right Chris, last year few folks left the company and the company downsized as well. The only way to retain ppl and make them sweat is to hire H1's with the promise of GC who will be obliged to work.
girlfriend Wedding Photo: lack and white
roseball
10-07 06:30 PM
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
The main issue with your PERM is to justify why your job required EB-2 qualifications as a requirement while others in your company with similar job profiles were only eligible under EB-3. That should be your main focus in preparing any documentation incase your case gets audited.
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
The main issue with your PERM is to justify why your job required EB-2 qualifications as a requirement while others in your company with similar job profiles were only eligible under EB-3. That should be your main focus in preparing any documentation incase your case gets audited.
hairstyles lack and white photography
gemini23
07-17 02:23 PM
Excerpt from Gregs blog and comments :(
"Things are going SOUTH . No agreement and No relief.
Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."
OK. Now we have this new thread about the "comment" made some anonymous user "south" made on a blog by siskind, and siskind himself is looking at IV for new updates. Man, give us a break. That comment was not made by siskind, but it was made by some user on his blog.
Thanks, but keep moving.
"Things are going SOUTH . No agreement and No relief.
Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."
OK. Now we have this new thread about the "comment" made some anonymous user "south" made on a blog by siskind, and siskind himself is looking at IV for new updates. Man, give us a break. That comment was not made by siskind, but it was made by some user on his blog.
Thanks, but keep moving.
chris
02-05 09:02 PM
One time one IO told me once you file your 485 or any application means USCIS is working on your case. You have to wait until they mail a decission. (what are we going to do though :p)
Here under review means same above meaning. Since your PD is not current. Even though they are working on your case doesn't mean any thing. :p
Good luck though. (we are seeing on forums that people are getting GCs without PD's are current.) :mad:
Cris,
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
Here under review means same above meaning. Since your PD is not current. Even though they are working on your case doesn't mean any thing. :p
Good luck though. (we are seeing on forums that people are getting GCs without PD's are current.) :mad:
Cris,
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
drona
07-08 08:00 PM
Can we please not insult anyone who is working for our cause. We need all the support we can get. Can we please be more productive in this forum.
Om Mathew is obviously a publicity freak, now he has his picture on his website. I think he wants people to look at his picture and admire him
Om Mathew is obviously a publicity freak, now he has his picture on his website. I think he wants people to look at his picture and admire him
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