This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.
I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.
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i'm really confused, my posts asked people not to let religion interfere with a political issue, you responded educating us on the salvation and trinity and disproving Mohamed's message.. which one of us was discussing religion..
And still how does this justify you being racist to egyptians?!
This year 4 of my class mates (from engineering college in India) have moved out of the US. I have one other classmate who had picked a position in Singapore over one being offered in the US two years back, and he already has his PR there. He did not want the uncertainty of not know what to call home even after 5 or 8 or 10 years. He called it "settling down".
When we were graduating from engineering college, there was peer pressure to come to the US and pursue higher education and the "American Dream". Now I feel like my time to head out may come sooner rather than later.
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If all of you had watched the drama unfolding last year with CIR and Durbin's proposed draconic measures you will all know what is in store for us. We all know who will be pulling the strings as far as immigration policy making goes with democrats in the white house.
Mccain is good for us as long as he seperates himself from house republicans. Obama is good if he gets rid of that stupid durban.
Though Mccain is business friendly. There are talks on CNBC and Wallstreet about rebuidling capital in this country and skilled immigration is part of it. I think Michele..I don't know last name wrote an article in Wall Street Journal Today supporting Legal Immigration , innovation and creating demand for housing in this country. It's the protectionist lobby which is screwing the country.
Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.
Why you are not raising hue and cry for Sudan massacre? Oh! muslims killing muslims or muslims killing Xians! May be that is fine with you!
You do have a valid point. Pakis would be insane to indulge in proxy wars at this time - when their pants are around their ankles.
But surely you are well-aware that they have done it in the past and now its all back firing!
The killer bees they nutured are coming back and biting them. And what are they doing to stop them from biting Indians? Nothing!
That is the problem. Which is why Indians need to raid these terrorist camps. Because Paki govt is not doing its job to control the very monster they created.
'What was that for?' the man asked.
The wife replied 'That was for the piece of paper with the name Jenny on it that I found in your pants pocket'.
The man then said 'When I was at the races last week Jenny was the name of the horse I bet on'
The wife apologized and went on with the housework.
Three days later the man is watching TV when his wife bashes him on the head with an even bigger frying pan, knocking him unconscious.
Upon re-gaining consciousness the man asked why she had hit again. Wife replied. 'Your horse phoned'
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China is smarting over the negative publicity that has accompanied its arrest of Ai Weiwei. The Deputy Foreign Minister, Mme Fu Ying, who is the former Chinese Ambassador to Britain, said in Hungary yesterday that Europe and America were being �condescending� towards China by their refusal to just shut up about the arrested artist.
Earlier a hurt-sounding foreign ministry spokesman said China was �unhappy� and �baffled� that some countries were trying to treat a �crime suspect as a hero�.
Both of these highly disingenuous remarks are designed to touch a key nationalist button in China in which all criticisms of China are framed as part of a plot by the waning Old Imperial powers to constrain the :Dglorious rise of the new China:D. It is a seductive narrative, but also a fallacious one that needs to be squashed.
In a globalised economy the US and the EU have a �common interest� in China�s peaceful rise, and on the evidence of the last few months (you might say years, going back to the crushing of the pre-Olympic Tibetan crackdowns of 2008) they have legitimate cause to be worried about the direction China is taking.
Ai is merely a lightning rod for that concern.
China is absolutely correct that the US and EU have no �right� to interfere in its judicial affairs, and nor do they seek to. But that doesn�t mean that democratic governments and their citizens don�t have a duty (to themselves, as much as anything else) to speak out about Ai Weiwei, and what his detention might portend.
China talks about Ai being a �crime suspect�, but the fact that hardly anyone outside China (and a fair number inside China) have any confidence in the due process of the Chinese law should in itself give Beijing serious pause for thought.
Popular concerns about Ai are not, as Mme Fu would have it, some silly political point-scoring game. His detention is an expression of naked State power that Europeans and Americans, who lived through totalitarianism not so long ago, find both worrying and revolting.
So when someone asks, as the Chinese do, �what�s it to us?�, the immediate answer should be �absolutely everything�.
China is going to shake the world over the next 50 years � for good or ill � and the shape of the Chinese state is therefore of concern to us all. China can bluster all it likes, it can posture and ignore the criticisms, but modern China does not exist in isolation.
It has emerged as a rising power precisely because it has engaged with the world, signing up to a host of international agreements on trade and politics that imply certain norms of behaviour. The benefits of rejoining the world community can�t come, as Chinese foreign policy mandarins say, with �no strings attached�.
This is why the democratic world feels that Ai�s detention is worth shouting about. It signals a deeply worrying trend in China and while Mme Fu tries to spin these protests as mere �condescension� they are nothing of the kind.
They are about the real fear of where China is heading.
Ai Weiwei and China�s assault on truth (http://www.washingtontimes.com/news/2011/may/12/ai-weiwei-and-chinas-assault-on-truth/) By Phelim Kine | The Washington Times
A STRUGGLE FOR INDEPENDENCE (http://www.themontrealreview.com/2009/China-Media-a-Struggle-for-Independence.php)
By James F. Scotton | The Montr�al Review
A founding document for a new China (http://www.washingtonpost.com/opinions/a-founding-document-for-a-new-china/2011/05/12/AFT5CV1G_story.html) By Michael Gerson | The Washington Post
Best bet for you is to hire an attorney to come out of this trap.
ok...this is something..
apparently they called my employer also and has asked them to provide all details.
All performance appraisals
my works schedule
my vacation requests this year
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I am surprised that you have been brainwashed by your religious leaders into believing what you wrote... just to refresh your memory,,
When Islam arrived in India, the Hindus welcomed the Muslims with open arms as brothers. In return Islam destroyed the entire Hindu civilization...over the years the followers of Islam killed over 100 million people. It has been documented that the largest genocide the world has ever witnessed was killing of over 100 millions hindus in the Hindukush region by Muslims. The muslim leaders �educated� Muslim men to rape Hindu women as this was a method to destroy the Hindu race. Infact raping Hindu women was part of what being a Muslim man was about! Temples were razed to the ground and villages were burned. Those who refused to convert to islam were either killed or raped if you were women. The reality is that islamic religious leaders wanted to destroy every religion from earth so that Islam the youngest religion in the world could prevail.Even today that is the aim of the islamic fanatics and cause of all the problems. Even in the recent past in this decade only.. the Taliban destroyed the Budha Statues in Afghanistan.. and people call this religion a religion of peace..., its a joke.
Islam is a religion which does not even preach to treat your own wife with respect. Its a religion which teaches men to kill their wife incase they don't obey them. Even today women are treated like doormats and "things" of pleasure for men in this religion.
Lets face it the fact is that Muslim community is now being cornered by the western world is because the violent front of the religion has become the face of Islam and the moderate religions and community in the world cannot take this anymore. That is the reason why the Muslim are suffering. Its like saying in Hinduism.. the Karma is catching up with you.
Its sad that even today in India the muslim which is a minority community is holding the whole country back.. they continue to fight the hindus where ever they can and whenever they can in places like Kashmir and unfortunately the Indian leaders and Hindu community continue to follow the principle of Non Violence which is not working.
The islam religion is not a religion of unification on the contrary the religion teaches the Muslims that non-Muslims are infidels and that they should be killed and that is the reason why Isalm was instituted through coercion and violence. So lets face Islam is everything but a religion of peace.. and yes I think the world is now waking up the violence of this religion and sooner or later the Islamic religion has to evolve into a moderate religion, failing which it will die its own death..
Endless discussions on Lou Dobbs are ok but starting a "Happy Thanksgiving" stress relief thread gets closed by the moderators??
Half the stuff written in this thread is not related to immigration either, how about closing this thread and every other non-immigration related thead "Supermoderators"?
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Disclaimer: I am an EB3-Indian with a PD of Oct 2003.
Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?
Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"
I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.
To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.
As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.
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The old interpretation was too complex to be correct..... between 2000 and 2007 it resulted in EB-2 getting shortchanged. EB3 approvals were more than DOUBLE of EB2 during those years.
2000 - 2007 Average
33,000 EB2 / year
83,000 EB3 / year
There are simply too many EB3 cases compared to the visas available.
EB2 may have been less retrogressed the last 3 years if the DOS had interpreted the law correctly. Visa numbers were mean to - SPREAD OUT, THEN SPILLED OVER downwards.
Prior to April-08, i don't ever EB2 applicants complaining about getting shortchanged - they understand the pain of someone having to wait for a decade to get a GC and probably didn't mind getting shortchanged.
Again - this is not about fairness, justice, merits of the applicants. It is about giving US employers the ability to fill posts when & where Americans are not available or willing.
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pictures And then you#39;ve got this guy,
In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.
"Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"
The author writes.
"The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.
The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.
The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.
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Where I live, the median house price is 200,000. I bought a house which is lower than the median and when the market was on the downward trend (september 2006). If you look at the post I quoted, you would notice that I am not subscribing to the crazies who bought houses with the example dollar amounts you gave. If you know your limits and do 2 hours of internet research, then the person probably will make a much better decision. The information and warning signs were there everywhere starting 2005, if people chose to ignore and got burned then shame on them.
You are right. As I mentioned in my other post buying makes sense if Rent and mortgage are comparable. I would do the same when mortgages and rents come in line in my area.
With the ratio of rent/mortgage you mentioned, it makes perfect sense to buy.
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I completely support George Bush's doctrine of smokin' em out and ridding the world of Islamofascism. He is one of the best presidents this country has ever had. However he is misunderstood throughout the world. World over - jihadis and islamofascists hate Bush with a vengeance - which tells me only this - He must be doin' somethin' right. As long as we have more leaders like Bush we are in safe hands.
We shall not tire, We shall not falter and We shall not fail - until Islamofascism is wiped out.
Just my 2 cents.
Yes, everybody, all senators, wanted to teach these terrorists a lesson after 9/11.
Afghan war is good and Iraq war is bad. Why, because Iraqis didn't leave WMDs a.k.a nukes behind.
(A weapon of mass destruction (WMD) is a weapon that can kill large numbers of humans and/or cause great damage to man-made structures (e.g. buildings), natural structures (e.g. mountains), or the biosphere in general. The term is often used to cover several weapon types, including nuclear, biological, chemical (NBC), and radiological weapons)
Now, Iraq war went bad, economy went bad (due to main street scamming the banks) and suddenly its all the fault of Mr. Bush.
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After spending 10 years in United States, i have started working on my plans to move back to India.
Every administration past or present has lumped skilled immigrants in the same category as immigrants who enter united states illegally.
Due to their sheer number, almost all initiatives to fix the immigration system has been to safeguard the borders, punish the employers who hire people without proper paper work etc. Skilled immigrants figure no where in their policy statements.
Despite working hard during the last years CIR bill, to make officials realize the distinction betweek illegal and skilled immigrants, we have to face the failure.
Even though i am hoping to see Obama succeed in this Presidential race and bring the change he promised to America, i am making my plans to move back to India as an alternative.
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On the 1st of January, 1998, Bjarne Stroustrup gave an interview to the IEEE's Computer magazine. Naturally, the editors thought he would be giving a retrospective view of seven years of object-oriented design, using the language he created. By the end of the interview, the interviewer got more than he had bargained for and, subsequently, the editor decided to suppress its contents, 'for the good of the industry' but, as with many of these things, there was a leak. Here is a complete transcript of what was was said, unedited, and unrehearsed, so it isn't as neat as planned interviews. You will find it interesting...
Interviewer: Well, it's been a few years since you changed the world of software design, how does it feel, looking back?
Stroustrup: Actually, I was thinking about those days, just before you arrived. Do you remember? Everyone was writing 'C' and, the trouble was, they were pretty damn good at it. Universities got pretty good at teaching it, too. They were turning out competent - I stress the word 'competent' - graduates at a phenomenal rate. That's what caused the problem.
Stroustrup: Yes, problem. Remember when everyone wrote Cobol?
Interviewer: Of course, I did too
Stroustrup: Well, in the beginning, these guys were like demi-gods. Their salaries were high, and they were treated like royalty.
Interviewer: Those were the days, eh?
Stroustrup: Right. So what happened? IBM got sick of it, and invested millions in training programmers, till they were a dime a dozen.
Interviewer: That's why I got out. Salaries dropped within a year, to the point where being a journalist actually paid better.
Stroustrup: Exactly. Well, the same happened with 'C' programmers.
Interviewer: I see, but what's the point?
Stroustrup: Well, one day, when I was sitting in my office, I thought of this little scheme, which would redress the balance a little. I thought 'I wonder what would happen, if there were a language so complicated, so difficult to learn, that nobody would ever be able to swamp the market with programmers? Actually, I got some of the ideas from X10, you know, X windows. That was such a bitch of a graphics system, that it only just ran on those Sun 3/60 things. They had all the ingredients for what I wanted. A really ridiculously complex syntax, obscure functions, and pseudo-OO structure. Even now, nobody writes raw X-windows code. Motif is the only way to go if you want to retain your sanity.
Interviewer: You're kidding...?
Stroustrup: Not a bit of it. In fact, there was another problem. Unix was written in 'C', which meant that any 'C' programmer could very easily become a systems programmer. Remember what a mainframe systems programmer used to earn?
Interviewer: You bet I do, that's what I used to do.
Stroustrup: OK, so this new language had to divorce itself from Unix, by hiding all the system calls that bound the two together so nicely. This would enable guys who only knew about DOS to earn a decent living too.
Interviewer: I don't believe you said that...
Stroustrup: Well, it's been long enough, now, and I believe most people have figured out for themselves that C++ is a waste of time but, I must say, it's taken them a lot longer than I thought it would.
Interviewer: So how exactly did you do it?
Stroustrup: It was only supposed to be a joke, I never thought people would take the book seriously. Anyone with half a brain can see that object-oriented programming is counter-intuitive, illogical and inefficient.
Stroustrup: And as for 're-useable code' - when did you ever hear of a company re-using its code?
Interviewer: Well, never, actually, but...
Stroustrup: There you are then. Mind you, a few tried, in the early days. There was this Oregon company - Mentor Graphics, I think they were called - really caught a cold trying to rewrite everything in C++ in about '90 or '91. I felt sorry for them really, but I thought people would learn from their mistakes.
Interviewer: Obviously, they didn't?
Stroustrup: Not in the slightest. Trouble is, most companies hush-up all their major blunders, and explaining a $30 million loss to the shareholders would have been difficult. Give them their due, though, they made it work in the end.
Interviewer: They did? Well, there you are then, it proves O-O works.
Stroustrup: Well, almost. The executable was so huge, it took five minutes to load, on an HP workstation, with 128MB of RAM. Then it ran like treacle. Actually, I thought this would be a major stumbling-block, and I'd get found out within a week, but nobody cared. Sun and HP were only too glad to sell enormously powerful boxes, with huge resources just to run trivial programs. You know, when we had our first C++ compiler, at AT&T, I compiled 'Hello World', and couldn't believe the size of the executable. 2.1MB
Interviewer: What? Well, compilers have come a long way, since then.
Stroustrup: They have? Try it on the latest version of g++ - you won't get much change out of half a megabyte. Also, there are several quite recent examples for you, from all over the world. British Telecom had a major disaster on their hands but, luckily, managed to scrap the whole thing and start again. They were luckier than Australian Telecom. Now I hear that Siemens is building a dinosaur, and getting more and more worried as the size of the hardware gets bigger, to accommodate the executables. Isn't multiple inheritance a joy?
Interviewer: Yes, but C++ is basically a sound language.
Stroustrup: You really believe that, don't you? Have you ever sat down and worked on a C++ project? Here's what happens: First, I've put in enough pitfalls to make sure that only the most trivial projects will work first time. Take operator overloading. At the end of the project, almost every module has it, usually, because guys feel they really should do it, as it was in their training course. The same operator then means something totally different in every module. Try pulling that lot together, when you have a hundred or so modules. And as for data hiding. God, I sometimes can't help laughing when I hear about the problems companies have making their modules talk to each other. I think the word 'synergistic' was specially invented to twist the knife in a project manager's ribs.
Interviewer: I have to say, I'm beginning to be quite appalled at all this. You say you did it to raise programmers' salaries? That's obscene.
Stroustrup: Not really. Everyone has a choice. I didn't expect the thing to get so much out of hand. Anyway, I basically succeeded. C++ is dying off now, but programmers still get high salaries - especially those poor devils who have to maintain all this crap. You do realise, it's impossible to maintain a large C++ software module if you didn't actually write it?
i had to chime in, sorry but GWB is also a Harvard graduate. Only a Harvard Business graduate can get us in this turmoil ? :)
Obama might be good, i dont know, i have yet to see a some good bills from him or concrete actions, but people like him and in the US perception and media support is everything. I think he will win. If might not be good for us because of the following
a) Sen Durbin, is anti H1 and also anti GC (IMO)
b) Massive support from labor unions. Just reading some of the statements from the the unions who support him indicate that they will want their pound of flesh after the elections. Watch out for those changes.
c) If the democrats get a majority then there might be a chance (Reps dont have a chance of getting a majority), if the congress stays divided then the opinions are sharper and the same thing will happen again.
d) CIR had little if any EB benefits, it was mainly for the illegals...we were simply added due to actions from IV and the rest.
Yes, I would also love to see Sen Obama as President. I have no doubt in my mind that a Harvard graduate can get USA out of this economic turmoil. Obama presidency comes with a price for high-skilled immigrants because of the influence of Sen. Durbin on Sen. Obama on EB immigration issues. Past proposals from Sen. Durbin has scared the heck out of EB folks. If there is any changes to AC21 law like portability and H1 extensions, then many high-skilled immigrants might be sent packing because they cannot maintain status.
I have been in this country for almost 10 years and still have a long way to go before I get my green card. A Green Card system that was devised for a wait time of few years, has been clogged and is taking decades for people to get Green Cards. On top of it if the rules of the game is changed (like that proposed in CIR), I certainly don't want to get into this black hole queue again. If I have to start over my GC process again I would rather start it else where other than USA. I am strongly inclined to start my Canadian PR process if I don't see any process improvement in the GC process in the next year. Decades of waiting for a Green card has taken the edge out of my creativity and innovative spirit. It has causes me to compromise on professional ambitions. Even after 10 years of wait for this never ending ordeal, I still have to spend thousands of dollars every year on immigration expenses. I still cannot commit to buying a house and settling down because of the uncertain future due to Green Card limbo.
The luke warm reception to Lofgren bills by the Republican's have shown what we can expect if Sen. McCain becomes the President. Why did the so called maverick who supposedly supports immigration let the Lofgren bills die in the committees, while Republicans filibustered the bill in all the markup sessions. Sen. McCain has forgotten the word immigration after he has become the Republican nominee.
Please respect your own post and stop posting on this topic.