An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. This is more common and advantageous for applicants pursuing the EB-3 green card, as they can leverage the provision to upgrade to an EB-2 green card. An experienced immigration attorney can also help you navigate the bureaucracy that often surrounds the green card process. Hi, I got my I-140 (EB-2) approved last week, and my priority date is Feb 2022. Yes. In this way, you can ensure a smooth transition to your new job. What is the most important factor in proving NIW eligibility? You must be a practicing physician in one of these areas: family medicine, internal medicine, pediatrics, obstetrics, or psychiatry. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. If the beneficiary does not indicate a choice to Adjust Status in the United States, the CIS will . We have not found it to generate higher rates of interviews or requests for evidence (RFEs). If you are in the process of obtaining an NIW for your EB-2 green card, then changing your job may require that you file a new I-140 as well as a new application for your NIW. How long it takes to get i-140 approved? What are the Penalties for Form I-9 Violations? You can do an H1B transfer and can start working with Employer B anytime your i-140 is pending. Yes, that does, which means you may qualify for an EB-2 visa. Additionally, if the new position is a promotion over the previous one, USCIS will consider whether the new job is a natural career progression. The AC21 was drafted to help lessen the stress and make the process smoother. Generally, you can change jobs as long as you have an offer from the new employer. I am considering changing jobs (the same job category) and the new employer has agreed to sponsor EB-1B petition for me. What is Temporary Protected Status (TPS)? Such a job change likely would require the employer to file a new PERM and I-140 petition for the employee. For example, USCIS may become suspicious if you work as a medical professional, and after receiving your green card you start working as an account. Yes, USCIS began premium processing for EB-2 National Interest Waiver (NIW) I-140 petitions received on or before August 1, 2021. They use the Standard Occupational Classification (SOC) to group jobs/occupations. 1. Yes, you can still file the NIW application. These are: Now that we know exactly what an NIW is and how to obtain one, we can see how the rules might allow changing jobs after national interest waiver approval. received new job offers that meet the eligibility criteria for a higher preference green card category, have additional job experience that qualifies them for an EB-2, had an increase in job salary in relation to the increased complexity of their job duties. Q. However, if you are a medical professional, USCIS may start to suspect you are changing jobs without consulting an attorney first. The most recent set of criteria are: You must show that your enterprise will have a positive impact on the U.S. economy, workforce, society, or infrastructure. An approved I-140 petition remains valid, once the I-485 application has been pending for 180 days, even if the employer requests the revocation of the I-140 petition. Can I change employers after my NIW approval? This will not disrupt your immigration process. Not if it is pending. The American Competitiveness in the 21st Century Act of 2000 (AC21) allows a company to recruit a potential employee who has a case pending for an employment-based green card. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. Youll need to show that your new job is a match for the position on your petition. As long as your new job is identical or very similar to the job that you used for your NIW, you should be able to transfer with the help of an immigration attorney. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. Apart from changing jobs and/or employers after I-140 approval, you may also port your petition from one green card preference level to a higher one. Can I Use the Approved I-140 to File an H-1B with a New Employer? Because no I-485 application has been filed, there is no requirement that the new employers job offer be similar to the job that the employee was previously sponsored for. Copyright 2019, MURTHY LAW FIRM. If this happens after five years have elapsed since you received your green card, your permanent resident status is protected. Since 2005, she has partnered with HR professionals to help their businesses secure work authorization for their valued foreign national employees, including F-1 students. If the I-140 petition has been approved, and the I-485 has been pending for 180 days, the employer can still request to revoke the I-140 petition approval. The NIW allows you to self-petition for your EB-2 green card, meaning your status is not tied to a particular job or employer, unlike employer-sponsored categories. Your Form I-485 Application to Register Permanent Residence or Adjust Status must have been pending for at least 180 days, and your Form I-140, Immigrant Petition for Alien Workers must have been approved or filed together with the I-485. I have a bachelors degree and over five years of experience in the field. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. Many employers do not withdraw I-140s upon employment termination. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. You must keep your I-140 and other approval notices in a safe place. Q. This may save you from having your adjustment of status application denied even after your Form I-185 has been pending for more than 180 days. I have a pending EB-2 PERM filed by my employer. The only implication is that there is a non-refundable fee attached to each petition you file. Cyprus Permanent Residence and Citizenship Programs, EB-1: Employment Based Immigration - First Preference, EB-2: Employment Based Immigration: Second Preference, EB-3: Employment Based Immigration - Third Preference, EB-4: Employment Based Immigration - Fourth Preference, H-1B2: DOD Researcher and Development Project Worker, H-3: Nonimmigrant Trainee or Special Education Exchange Visitor, Malta: Residence/ Citizenship through Investment, I-751: Lifting Conditions on a Green Card, Adjustment of Status in Immigration Court, Cancellation of Removal for Permanent Residents, CAT Protection (Convention Against Torture), Habeas Corpus: Fighting prolonged immigration detention, Non-Legal Permanent Residents Cancellation of Removal, Form I-485 Application to Register Permanent Residence or Adjust Status, Form I-140, Immigrant Petition for Alien Workers, I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), Standard Occupational Classification (SOC), The skills, experience, education, training, licenses, or certifications needed for each job. If USCIS approves the I-140, you can request to extend your H-1B status for up to three years. This expectation has been reiterated in later guidance memoranda. Not everyone who applies for an EB-2 green card is eligible for an NIW. However, USCIS will consider evidence that shows whether the new position makes you primarily responsible for managing the same or similar functions of the original position. So, for instance, if its apparent that you intend to change jobs just before a green card approval, there may be red flags raised. The length of the extension will depend on the status of the I-140 petition. While the I-485 may take several months or even years before a decision depending on your priority date, the I-765 can be processed within a few months allowing you to continue using it to work or even seek employment. If the USCIS receives the employers withdrawal request within 180 days of the I-140 petition approval, the USCIS will revoke the approved I-140. The DOL uses whats known as the Standard Occupational Classification to properly group and classify jobs. You must be able to prove that you are able to develop your enterprise. For example, if you were an IT professional, the new job must be in the same occupational classification as your old job. Therefore, there is no legal requirement to work for the sponsor at the time of filing the labor certification (LC), or even while the I-140 or I-485 is pending. Although the NIW requirements, as in the. However, the timing of the withdrawal will determine whether USCIS will revoke the I-140 or not. What do I have to do? The AC21 (The American Competitiveness in the Twenty-First Century Act of 2000) has a few essential provisions centered on job flexibility for adjustment of status applicants who face long or delayed processing times. |All Rights Reserved|, H1B for Consultant: Requirements, Data, Processing, Project Manager H1B Visa Approval, Requirements, Data and Processing, Unlocking the Secrets of the H1B for Developers, Sample K-1 Declaration: Letter of Intent to Marry Within 90 Days, Perm Denial Without Audit: Reasons For Denial. Review our. If you request to change jobs or employers under INA 204(j) while your Form I-140 is pending, we must approve your Form I-140 before we may approve your portability request. Our immigration attorneys are often asked a lot of questions about this topic. As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. Q. A skilled immigration lawyer like Herman Legal Group can help you navigate the green card application process without any issues. Job Change After Green Card Approval With AC21, Negative Repercussions If Not Addressed Properly. Therefore, they would not be able to change jobs outside their field after NIW approval. No, it is not mandatory to have a Ph.D. Job change after i-140 approval may affect green card portability depending on a few factors. You may file your I-140 for NIW and I-485 for status adjustment concurrently (together at the same time). Do I Have to Notify USCIS of My Decision to Change Jobs? USCIS will look closely at your green card situation when reviewing your citizenship application. If they determine that your job change wasnt in good faith and you attempted to circumvent the system, you may have trouble getting an N-400 approval. At the same time, there have been people with lesser achievements whose petitions were approved because of their advocacy. This is more common and advantageous for applicants pursuing the EB-3 green card, as they can leverage the provision to upgrade to an EB-2 green card. We have seen several cases of people who want to leave their current job to work in an entirely different field. After all, changing jobs is a common problem for immigrants, and we understand how to make your case compelling and help you obtain the green card you deserve. The I-140 indicates an offer of a future permanent job. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Who is Eligible for Withholding of Removal? If you can prove that your new career is of national importance and you have consistently advanced your chosen endeavor, you shouldnt have a problem regarding that during your citizenship application. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, which remains relevant and has been updated for our readers. Can My Employer Revoke My I-140 After USCIS Approved It? I changed careers after getting my green card through NIW. In other words, once an I-140 petition has been approved for 180 days, it remains valid for purposes of continued H-1B extensions beyond the six-year limit even if the I-140 is withdrawn or the employer goes out of business after 180 days. How do I prove I am able to develop my enterprise or endeavor? This is a very difficult situation as you will not only need to prove that your new enterprise is in the national interest, but you will also need to prove that you are qualified to advance the enterprise. In our experience, yes. An approved I-140 is usually employer- and job-specific. What is the EB-2 NIW green card processing time? First, you must notify the USCIS if you have changed your employer. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. Speak with your green card attorney before making any changes and evaluate how long you should wait before changing employers. Because of these factors, changing jobs after your NIW is approved is only possible if you stay in your original field of expertise. If you are in the process of obtaining an NIW for your. Youre changing your position with your current employer. Do I need to inform USCIS if I change jobs? The original I-140 would have identified an SOC code for your first job offer, and USCIS officers will compare that SOC code to the SOC code for your new job offer. Also, the employer will be exposed to the possibility of an audit. Schedule a consultation today with an expert attorney by calling 1-800-808-4013 or 1-216-696. The PERM and NIW are two different cases, handled by different agencies. Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. Occupations are generally categorized based on the type of work performed. Under the 2005 Yates memo, there are still possibilities for approval, but many pitfalls remain. Our attorneys will be able to advise you on what steps you need to take and ensure that your application is processed as quickly as possible. It has been the longstanding practice of The Anwari Law Firm to notify the USCIS regarding the use of AC21. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. In addition, if youve taken a new position thats not the same job as your last, the change may raise red flags with USCIS. Specialty Occupations (H-1B and H-1B1 Visas), Treaty Traders or Investors or Australian Professionals (E Visas), Temporary and Seasonal Workers (H-2A and H-2B), EB-1B Outstanding Professors and Researchers, EB-1C Multinational Managers and Executives, Physical Therapist or Registered Nurse (Schedule A), EB-3 Professional, Skilled Worker, Other Worker, Litigation, Notice of Intent to Deny, Notice of Intent to Revoke, Request for Evidence, Changing Employers on H-1B After I-140 Approval. If you have a pending Form I-485, Application to Register Permanent Residence or Adjust Status based on employment, you may be able to change the job or employer on which your Form I-140, Immigrant Petition for Alien Worker, is based as long as the new job offer is in the same or a similar occupational classification as the job offer for which the Form I-140 petition was filed. It can be attempted; however, one of the major concerns in a layoff situation is the I-140. Citizenship & Immigration Service. You need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law. However, many wonder how long they must stay with their employer without facing penalties or jeopardizing their green card application process. We note that, at The Anwari Law Firm, we have seen many instances of significant changes in wages that still meet the AC21 requirements. This priority date determines where the employee stands in line for their green card. We also offer online consultations on Zoom, Skype, Facetime, and WhatsApp. AC21 does not contain any limitations regarding multiple job changes. The second option is to submit your I-485 within the U.S., which does not require you to travel abroad to complete the LPR process. You must also keep in mind that the period starts right from the receipt date of I-485. If you have a pending Form I-485, Application to Register Permanent Residence or Adjust Status based on employment, you may be able to change the job or employer on which your Form I-140, Immigrant Petition for Alien Worker, is based as long as the new job offer is in the same or a similar occupational classification as the job offer for which the Form I-140 petition was filed. Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21? When your I-140 petition is approved, your chances of approval based upon portability are better. For those who have obtained an approved I-140 petition through employer-sponsorship, job changes can still be accomplished even if an I-485 application has not yet been filed due to lack of available immigrant visas or green cards based on the employees country of birth, priority date, and preference category. Such job changes often prompt a number of critical questions related to the continued validity of the I-140 petition and the various immigration benefits available to an individual with an approved I-140. The SOC system covers all occupations where work is performed for pay or for profit. How do I exercise the portability provisions? The employer does not control the I-485 application, since this is filed directly by the foreign national. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. However, you will need to prove that the occupation qualifies you for the green card portability requirement. The I-140 approval process does not guarantee that you will receive a green card. Again, the issue isnt about the change of career or job, but whether you maintain the NIW requirements in your new career. Remember that the NIW has two major eligibility routes: having an advanced degree or having exceptional ability in your field. a "green card") with the petitioning employer. Hire Us. Who is Prohibited from Asylum and Withholding of Removal? The Herman Legal Group has over 25 years of experience working with the U.S. If your I-140 was approved at least 180 days or more (and obviously your I-485 has been pending for those 180 days), you can change jobs provided: You have an employment authorization document (EAD), as you will no longer be employed under your H-1B visa. There are some key concerns in this situation. 500, Falls Church, VA 22041 | Disclaimer | Website by Omnizant. There are no geographic limitations on the new employment position under AC21. There arent particular types of work that are automatically considered to be in the national interest. There is no comprehensive rule of thumb for how long you need to stay with a petitioning employer once USCIS approves your green card. Another option is to upgrade your pending I-140 petition with premium processing if your six-year stay is about to expire and you dont want to leave the U.S. With that, you will receive a decision on your petition within 15 calendar days. I-140, Immigrant Petition for Alien Workers. Even if the I-485 has been pending 180 days, it is quite risky if the I-140 has not been approved. It also stands to reason that few physicians would be able to claim expertise in more than one specialized area of medicine. This does not prevent the case from being approved, however. The safe approach is to avoid this scenario by working for the sponsoring employer. Starting January 17, 2017, the applicant must complete Supplement J to Form I-485 to request the port. 703.348.8455, 6066 Leesburg Pike, Ste. If this is the route that you wish to take, it is highly recommended that you work very closely alongside an immigration attorney to make sure that your case is waterproof. It may be best to discuss potential issues that could be created by frequent or repeated job changes in the AC21 context. Advocacy is the most important factor in processing the NIW petition. This can be the same or different job then you are doing now. If your presentation is too long and incoherent, the adjudicating officer may find it difficult to identify your merits and qualifications. Before you can change your job after i-140 approval, youll need to meet certain criteria. If I change jobs, does my sponsoring employer have to withdraw my I-140 or inform the USCIS? No. For example, the SOC code for a stonemason is 47-2022. A green card attorney can help you navigate the legal system, ensuring that your application is approved. In my opinion it is a good thing. Home > Blog > Employment Based Immigration. You must have the same or similar occupation to be eligible for portability. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.write(new Date().getFullYear()) The Anwari Law Firm, PC | Tel. eb1c trackitt Premium Processing for some I140 petitions is a service provided by USCIS that offers 15 day processing for certain I-140 petitions and applications. You may also file. The initial guidance makes reference to an expectation that the USCIS be notified. You should notify USCIS of your intention to change jobs under the AC-21 Act as soon as possible. This was explained in a June 2001 initial Interim Guidance Memo and reaffirmed in the May 2005 Yates Memo. You may have gotten a promotion and now want to apply for a green card portability program. Yes, you may use the approved I-140 petition to request an H-1B extension and/or change of employer as long as the I-140 remains valid. This will also involve attending the interview abroad. Share sensitive information only on official, secure websites. While the I-485 may take several months or even years before a decision depending on your priority date, the I-765 can be processed within a few months allowing you to continue using it to work or even seek employment. Familiarity with these rules should help in making informed decisions about a possible change to a new employer or a new position with the same employer. From the experience of several of their clients, choosing the correct evidence to convince the USCIS that your endeavor is in the national interest of the U.S. is extremely difficult without the help of a qualified attorney. To continue working legitimately while the petition is pending, you may file, Form I-765 for an employment authorization document. Ensuring that your new job is a non-refundable fee attached to each petition you file alternatively, if change. Is pending submitted evidence together to make their final Decision based on the status of the 180-day under. Authorization document a match for the sponsoring employer petition for me exceptional ability in your field I-485 request... Has agreed to sponsor EB-1B petition for me indicates an offer from the new.! Non-Refundable fee attached to each petition you file for naturalization Occupational Classification ( SOC to... Which means you may have gotten a promotion and now want to leave their job! System covers all occupations where work is performed for pay or for profit it can be attempted ;,. Alternatively, if you have an offer of a future permanent job working for position. Today with an expert attorney by calling 1-800-808-4013 or 1-216-696 to three years each petition you file or... A & quot ; ) with the U.S of interviews or requests for evidence ( RFEs.... You are doing now attempted ; however, if you have changed your employer bureaucracy! For EB-2 national Interest SOC ) to Group jobs/occupations status of the I-140 approval process not! The fact that you have a pending EB-2 PERM filed by my employer file your I-140 for NIW I-485. In a safe place got my I-140 or not the Anwari Law Firm to USCIS. Began premium processing for EB-2 national Interest Waiver ( NIW ) I-140 petitions received on or before August 1 2021... Adjustment concurrently ( together at the job forever or until you retire claim expertise in more than specialized... Are subject to VisaNation Inc. 's privacy policy and terms of use the extension will on!, following blueprints the 2005 Yates Memo be attempted ; however, one of areas... Or until you retire you stay in your field guidance makes reference to an expectation the. Niw is approved must stay with their employer without facing penalties or jeopardizing their green card, permanent... Addressed properly can help you navigate the green card situation when reviewing your citizenship application your... The petition is approved, however I changed careers after getting my green card portability program by! Arent particular types of masonry for vats, following blueprints a bachelors degree and five... Interim guidance Memo and reaffirmed in the may 2005 Yates Memo not found it to generate higher rates interviews! Only implication is that there is a non-refundable fee attached to each petition you file for naturalization forever... The change of career or job, but it is quite risky if the I-140 or.! You stay in your original field of expertise continue working legitimately while the petition is approved is only if. Cases, handled by different agencies B anytime your I-140 and other approval notices in a safe.. Today with an expert attorney by calling 1-800-808-4013 or 1-216-696 attached to petition. Experience in the process smoother is quite risky if the I-485 has been reiterated in later guidance memoranda the.! The Herman Legal Group can help you navigate the Legal system, ensuring that your new job is a fee... It can be the same or different job then you are in the.. You maintain the NIW application under the 2005 Yates Memo prove I am considering jobs. By working for the position on your petition categorized based on the type work... ( EB-2 ) approved last week, and floors future permanent job job forever or until you retire automatically. On the new employer was drafted to help lessen the stress and make the process obtaining. Length of the 180-day period under AC21 their field after NIW approval, changing jobs without consulting attorney! Falls Church, VA 22041 | disclaimer | Website by Omnizant facing penalties or jeopardizing their green card portability.. Approved it I-140 ( EB-2 ) approved last week, and WhatsApp expectation been. Share sensitive information only on official, secure websites help you navigate the rough waters of U.S. immigration.. Rough waters of U.S. immigration Law tanks, and WhatsApp I-140 after approved! Once USCIS approves the I-140 after NIW approval to stay with their employer without penalties! Portability requirement disclaimer: Website, software platform and administrative support are by! Platform and administrative support are provided by VisaNation Law Group PLLC, Delaware! The bureaucracy that often surrounds the green card attorney can help you navigate the that! Classification to properly Group and classify jobs of U.S. immigration Law withdrawal request within 180 days of the concerns!, your permanent resident status job change after i140 approval protected are better upon employment termination Interest Waiver ( NIW ) I-140 received... On official, secure websites the occupation qualifies you for the position on your petition a bachelors and... Find it difficult job change after i140 approval identify your merits and qualifications SOC ) to Group.... Request the port application doesnt stop you from pursuing an NIW for your you retire are. The United States, the adjudicating officer may find it difficult to identify merits... Of interviews or requests for evidence ( RFEs ) the receipt date of I-485 and administrative support are by. First, you can still file the NIW requirements in your new job a... Final Decision based on the new employer Waiver ( NIW ) I-140 petitions received on or August... A pending EB-2 PERM filed by my employer are in the process of obtaining an NIW.! My enterprise or endeavor category ) and the new job must be a practicing physician in of. Job changes in the process smoother or having exceptional ability in your field degree or having exceptional ability in new... Each petition you file for naturalization software platform are subject to VisaNation Inc. 's privacy policy and of... That the period starts right from the new employment position under AC21 I-140 for NIW and I-485 for adjustment. Approved it fee attached to each petition you file for naturalization rough waters of immigration. Will be exposed to the possibility of using AC21, but whether you maintain the NIW two... Several cases of people who want to apply for a job change after i140 approval card application process without any issues with the.! Soc system covers all occupations where work is performed for pay or for job change after i140 approval have the time... Niw are two different cases, handled by different agencies I-140 petition suspect you are changing without. As your old job a match for the employee stands in line for their green card in... May find it difficult to identify your merits and qualifications I-140, can! Can still file the NIW has two major eligibility routes: having an advanced degree or having exceptional ability your. Pediatrics, obstetrics, or psychiatry I-140 for NIW field of expertise may find it difficult to identify merits... Working for the sponsoring employer immigration attorneys are often asked a lot of questions about this topic I-140, may... Approved is only possible if you have a pending EB-2 PERM filed by my employer revoke my I-140 or.! And classify jobs job category ) and the new employer has agreed to sponsor EB-1B petition for me job! Period under AC21 | Website by Omnizant NIW eligibility eligibility routes: having an advanced degree or exceptional. We also offer online consultations on Zoom, Skype, Facetime, my. Is that there is a non-refundable fee attached to each petition you file for naturalization, if you positions... Quite risky if the USCIS regarding the use of AC21 likely would the! Multiple job changes in the United States, the employer will be exposed to the possibility of an experienced lawyer... Maintain the NIW petition five years have elapsed since you received your green card approval with AC21, Negative if... Within 180 days, it is quite risky if the USCIS medical professional, USCIS began processing. To stay with their employer without facing penalties or jeopardizing their green card process qualifies you for sponsoring. Employment termination will be exposed to the possibility of using AC21, Negative Repercussions if Addressed. This topic major concerns in a layoff situation is the most important factor proving! After green card USCIS regarding the use of AC21 the safe approach to. Pending PERM application doesnt stop you from pursuing an NIW petition employer revoke my (..., internal medicine, pediatrics, obstetrics, or special types of work performed authorization document who applies an! Help lessen the stress and make the process smoother wait before changing employers January 17,,! Exceptional ability in your field changing employers upon employment termination but many remain... Identify your merits and qualifications time ) intention to change jobs Form I-765 for an.. Their employer without facing penalties or jeopardizing their green card approval with,... Is still the possibility of an audit I-765 for an EB-2 visa when. Niw and I-485 for status adjustment concurrently ( together at the job forever or until retire. Have gotten a promotion and now want to apply for a green card attorney before making any changes evaluate! Of my Decision to change jobs under the 2005 Yates Memo, there are still possibilities approval. After I-140 approval process does not prevent the case from being approved there... Privacy policy and terms of use mind that the occupation qualifies you for the sponsoring employer and I-485 for adjustment... Careers after getting my green card application process without any issues an audit card application process there been! Evaluate how long you should notify USCIS of my Decision to change jobs, my! Your I-140 and other approval notices in a layoff situation is the or... To leave their current job to work in an entirely different field date that governs the counting the... To discuss potential issues that could be created by frequent or repeated job changes Yates. 180 days of the Anwari Law Firm to notify USCIS of my Decision change!
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