nmdial
10-16 05:21 PM
Please, count me in.
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aamchimumbai
02-04 09:40 AM
Folks,
This message is for people who left US before AP was approved.
My wife left for India in Nov'08. Although, we received letter from USCIS that her AP application was approved there was a glitch in their system because we received a RFE after she left. Anyways. We responded to her RFE for photos and we received her approved AP in Dec'08. I left US after I received her AP.
At the POE (Newark, NJ) the IO did ask us questions about my work, her visa status, etc. nothing major. The IO only requested for my passport/AP and for my wife her H4/AP/passport. We were then taken to a separate area and asked to wait. There were two IOs looking at our passport/AP. BTW, we both don't have H1 and H4 visas stamped in our passport. To his satisfaction, he stamped AOS on our I94 cards. The I94 expiration was one year from the date of entry. To my surprise, he gave both AP copies to me. Anyways.
I wanted to share this experience because there are ton of people wondering what to do if they need to travel and they don't have approved AP in hand.
Hope this helps. Let me know if you have any questions.
This message is for people who left US before AP was approved.
My wife left for India in Nov'08. Although, we received letter from USCIS that her AP application was approved there was a glitch in their system because we received a RFE after she left. Anyways. We responded to her RFE for photos and we received her approved AP in Dec'08. I left US after I received her AP.
At the POE (Newark, NJ) the IO did ask us questions about my work, her visa status, etc. nothing major. The IO only requested for my passport/AP and for my wife her H4/AP/passport. We were then taken to a separate area and asked to wait. There were two IOs looking at our passport/AP. BTW, we both don't have H1 and H4 visas stamped in our passport. To his satisfaction, he stamped AOS on our I94 cards. The I94 expiration was one year from the date of entry. To my surprise, he gave both AP copies to me. Anyways.
I wanted to share this experience because there are ton of people wondering what to do if they need to travel and they don't have approved AP in hand.
Hope this helps. Let me know if you have any questions.
speddi
07-13 01:09 PM
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
2011 Gold Star Certificate
number8
04-14 04:10 PM
Hi Experts,
My 140 was recently transferred from Nebraska to Texas after waiting 13 months. RD is March 2007. My company's lawyer contacted USCIS to open an SR as Texas is processing July/Aug 2007 applications and past my processing dates. USCIS refused to open an SR and advised that my application will be treated a new one and will be processed after the other application received in April 2008.
I think USCIS should honor the original RD when a case is transferred from one service center to the other.
I am shocked. I have already waited for 13 months and don't feel this is fair.
I am not sure what are my options are now? I am thinking to contact Ombudsman and local congress man.
Please advice.
My 140 was recently transferred from Nebraska to Texas after waiting 13 months. RD is March 2007. My company's lawyer contacted USCIS to open an SR as Texas is processing July/Aug 2007 applications and past my processing dates. USCIS refused to open an SR and advised that my application will be treated a new one and will be processed after the other application received in April 2008.
I think USCIS should honor the original RD when a case is transferred from one service center to the other.
I am shocked. I have already waited for 13 months and don't feel this is fair.
I am not sure what are my options are now? I am thinking to contact Ombudsman and local congress man.
Please advice.
more...
jamsumfarray
10-27 10:38 AM
Hi
My gc was filled in nov 2002 from newjersey which has gone to the backlog center in philly....no news after my 45 day letter which i got in june ....
1.I was wonderign if i could change my lawyer now ...and if i could change my gc processing from non rir to rir ?
2.What the odds of changing from non rir to rir?
3.And my gc is filled in eb2 catergory..
4.if i need to change lawyer is it possible?as my lawyer the present one is not exp enough and makes many mistakes ...?
urgent reply nneeded..
thanks
My gc was filled in nov 2002 from newjersey which has gone to the backlog center in philly....no news after my 45 day letter which i got in june ....
1.I was wonderign if i could change my lawyer now ...and if i could change my gc processing from non rir to rir ?
2.What the odds of changing from non rir to rir?
3.And my gc is filled in eb2 catergory..
4.if i need to change lawyer is it possible?as my lawyer the present one is not exp enough and makes many mistakes ...?
urgent reply nneeded..
thanks
ashwaghoshk
07-27 10:00 PM
I am from health care industry and have a bachelors degree. My GC has been initiated under Eb3 category. We do not need the PERM process so an I 140 will be filed once the prevaling wage determination is cleared by the DOL. Recently I learnt that though I have the bachelors degree it is equivalent to the masters degree of my profession. I have a document stating the same from the board who is responsible for licensing.
My question is that since my process is already initiated in EB3 can i also start it under EB2? Do i have to withdraw the earlier EB3 if i want to proceed with EB2? Please let me know if that is allowed or not.
My question is that since my process is already initiated in EB3 can i also start it under EB2? Do i have to withdraw the earlier EB3 if i want to proceed with EB2? Please let me know if that is allowed or not.
more...
Counterproductive
10-28 09:09 PM
No need to say sorry to me, I was just pointing it out.
Don't really know how popular it was, it might not be an issue.
But just to be safe you might want to change it.
Don't really know how popular it was, it might not be an issue.
But just to be safe you might want to change it.
2010 30 I#39;m a Star Student
newbee7
07-15 08:04 AM
The whole process in complicated and needs a lot of back and forth btwn hr/attorney. Most attorney's will take 4-6 months at min.
more...
sprash
01-14 02:22 PM
We have seen many recent cases where the employer revokes I-140 and that causes inadvertent issues with a pending AOS application.
With the economy worsening, several companies are going to be forced to lay off employees, many in an amicable way. Also many small companies do not know the legalities and just revoke I-140 to be on the safe side.
I have heard over an over again that companies are not required to revoke I-140, but is there some official documentation that says so? If we have that handy, then in case of a layoff we could point them to the documentation and request them to NOT revoke the I-140 petition.
I tried to look around, but couldn't find any. Does anyone else know?
With the economy worsening, several companies are going to be forced to lay off employees, many in an amicable way. Also many small companies do not know the legalities and just revoke I-140 to be on the safe side.
I have heard over an over again that companies are not required to revoke I-140, but is there some official documentation that says so? If we have that handy, then in case of a layoff we could point them to the documentation and request them to NOT revoke the I-140 petition.
I tried to look around, but couldn't find any. Does anyone else know?
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snhn
03-12 04:57 PM
My old labor from 2001 is now up for review. This past Friday, my company put an ad in the newspaper. Dept of labor asked for
3 consecutive days and 1 posting in the office. Sunday was the first day. Basically I have a question. DOL has already placed an ad
on American job bank. They basically have Bachelors as the requirement. They do not mention what the discipline the bachelors need to be in.
However, the ad my company placed last Friday has Bachelors in computer science or Computer information systems. The job description is the same as the one
DOL posted on American Job bank. Do you think because they just used Bachelors in their posting and my company used Bachelors in Computer Science or CIS will
make a difference. Another words, can DOL reject my labor because of that. DOL, by using Bachelors, they are saying that anyone with Bachelors can apply. While my company is saying, only CIS or CS grads can apply.
Actually my attorney from 2001, made a mistake when he filed ETA 750. He listed education as Bachelors in Computer. So basically the advertisement should have been Bachelors in computer, as such what DOL is asking for. Mirror copy of ETA 750. However my company is saying that Bachelors in Computer is such broad term and does not make sense. That's why they placed the ad with Bachelors in Computer science or information systems. So having said that, what are chances that DOL will reject that advertisement, and make us re do it using Bachelors in Computer like the ETA 750 form is asking. Can we amend the form at this later of the ball game.
The advertisement is like 1000 for 3 days. The company picked up the tab this time, but if it is a mistake then I would have to pay for it. The did not even want to pursue this since they already have PERM and I140 approved for me. Getting this old labor certified for me, I would save a lot of time and be able to file 485 since my date is current. Using PERM priority date, it will take years.
Any thought will be appreciated.
Also, how do I remove him as the contact person for my labor. My company doe not want deal with him anymore.
can they send a letter for Backlog Center in Dallas.
Thanks!
3 consecutive days and 1 posting in the office. Sunday was the first day. Basically I have a question. DOL has already placed an ad
on American job bank. They basically have Bachelors as the requirement. They do not mention what the discipline the bachelors need to be in.
However, the ad my company placed last Friday has Bachelors in computer science or Computer information systems. The job description is the same as the one
DOL posted on American Job bank. Do you think because they just used Bachelors in their posting and my company used Bachelors in Computer Science or CIS will
make a difference. Another words, can DOL reject my labor because of that. DOL, by using Bachelors, they are saying that anyone with Bachelors can apply. While my company is saying, only CIS or CS grads can apply.
Actually my attorney from 2001, made a mistake when he filed ETA 750. He listed education as Bachelors in Computer. So basically the advertisement should have been Bachelors in computer, as such what DOL is asking for. Mirror copy of ETA 750. However my company is saying that Bachelors in Computer is such broad term and does not make sense. That's why they placed the ad with Bachelors in Computer science or information systems. So having said that, what are chances that DOL will reject that advertisement, and make us re do it using Bachelors in Computer like the ETA 750 form is asking. Can we amend the form at this later of the ball game.
The advertisement is like 1000 for 3 days. The company picked up the tab this time, but if it is a mistake then I would have to pay for it. The did not even want to pursue this since they already have PERM and I140 approved for me. Getting this old labor certified for me, I would save a lot of time and be able to file 485 since my date is current. Using PERM priority date, it will take years.
Any thought will be appreciated.
Also, how do I remove him as the contact person for my labor. My company doe not want deal with him anymore.
can they send a letter for Backlog Center in Dallas.
Thanks!
more...
ziggy7bs
03-14 01:20 PM
Have you filed i-140?
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raysaikat
11-18 11:38 PM
Hi,
I would really appreciate if someone throws some light on this issue. I am a J1 scholar at the University of Pennsylvania. I do not know what category that is because I am not paid either by my sponsor (upenn) or by my own government(India).
Who does pay you? Don't your paychecks come from UPenn? Even if a company is sponsoring your project, technically the company is paying UPenn, and you are being paid by UPenn.
Now, i wish to get enrolled in a full time MS program of University of Arkansas. In order to do that, should I apply for transfer of J1 from UPenn to U of A ...or should apply of transfer of visa from J1 to F1.
As far as I remember, you cannot be a full-time student in J1. You need to get F1.
In case I apply for F1, can I :
1. Start my classes till my transfer from j1 to f1 is pending
No, you must get F1 on hand.
2.receive assistantship or on campus employment from UofA till my status from j1 to f1 is pending?
Thanks in advance.
No, you must get F1 on hand.
In any case, the International Student's Office in U of A will be able to tell you the exact requirements (they will not let you join unless you have the right VISA in hand), and basically you must follow what they say. Typically universities handle visa norms very strictly.
I would really appreciate if someone throws some light on this issue. I am a J1 scholar at the University of Pennsylvania. I do not know what category that is because I am not paid either by my sponsor (upenn) or by my own government(India).
Who does pay you? Don't your paychecks come from UPenn? Even if a company is sponsoring your project, technically the company is paying UPenn, and you are being paid by UPenn.
Now, i wish to get enrolled in a full time MS program of University of Arkansas. In order to do that, should I apply for transfer of J1 from UPenn to U of A ...or should apply of transfer of visa from J1 to F1.
As far as I remember, you cannot be a full-time student in J1. You need to get F1.
In case I apply for F1, can I :
1. Start my classes till my transfer from j1 to f1 is pending
No, you must get F1 on hand.
2.receive assistantship or on campus employment from UofA till my status from j1 to f1 is pending?
Thanks in advance.
No, you must get F1 on hand.
In any case, the International Student's Office in U of A will be able to tell you the exact requirements (they will not let you join unless you have the right VISA in hand), and basically you must follow what they say. Typically universities handle visa norms very strictly.
more...
house award certificate:
Blog Feeds
04-05 09:40 AM
We are very busy these days trying to beat the H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) rush. While we fell that visas will not run out on April 1, 2010, clients are anxious to get their cases out the door. We promise to deliver.
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
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pappu
08-18 02:20 PM
YOu might have already tried this - pls try emailing any school association there (Indian Students Association) - that might turn up good contacts. They are a couple of good universities out there like Chapel Hill...
Thanks for the suggestion but We need people who are stuck in retrogression. Professionals who have a story to tell. They should be IV members too.
Thanks for the suggestion but We need people who are stuck in retrogression. Professionals who have a story to tell. They should be IV members too.
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krupa
07-10 02:48 PM
Visa Bulletin
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
In put by Krupa:
=============
Why DOS issued the above mentioned new bulletin on 9th July 2007 ?
What is the legal implications before and after issuing this bulletin ?
Any one can update this thread please?
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
In put by Krupa:
=============
Why DOS issued the above mentioned new bulletin on 9th July 2007 ?
What is the legal implications before and after issuing this bulletin ?
Any one can update this thread please?
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karthiknv143
09-16 02:59 PM
Processing dates are bogus.. Don't rely on that.
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belmontboy
05-27 05:18 PM
1.Is it mandatory to have a pending 485 application in order to get H1b
extended beyond 6 years using I-140 approval?
2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?
Greatly apprecite any response...
thanks
There is a similar thread on this issue.
http://immigrationvoice.org/forum/showthread.php?t=2204
extended beyond 6 years using I-140 approval?
2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?
Greatly apprecite any response...
thanks
There is a similar thread on this issue.
http://immigrationvoice.org/forum/showthread.php?t=2204
girlfriend earned the Gold Star Award
sgudge
02-12 05:37 PM
My mother recently got a tourist visa for 10 years. I know that when she enters USA she will get I-94 which will be valid for 6 months, and she has to go back before the I-94 expires. My question is:
1) Can she go back to India for say 2 months and come back to US to stay for another 6 months?
Ex: she comes on 1st Jan 2011 , goes back 31st June 2011 , then stay for couple of months in India and Again Come Back on 1st Sep and stay for more 6 months ?
According to my understanding tourist can stay only 6 months in USA in a calendar year, provided they don’t apply for extension, is it true?
2) What if she comes on 1st Jan 2011 stays for 6 months, applies for 6 months extension gets it.
Goes back in month of Dec. stays for 2 months and again comes on March 1st 2012, will she face any problem at port of entry? Due to her extension she took on her last visit?
Please help me understand pros and corns? What is the best way to use 10 years tourist visa to stay in USA legally to Maximum period.
1) Can she go back to India for say 2 months and come back to US to stay for another 6 months?
Ex: she comes on 1st Jan 2011 , goes back 31st June 2011 , then stay for couple of months in India and Again Come Back on 1st Sep and stay for more 6 months ?
According to my understanding tourist can stay only 6 months in USA in a calendar year, provided they don’t apply for extension, is it true?
2) What if she comes on 1st Jan 2011 stays for 6 months, applies for 6 months extension gets it.
Goes back in month of Dec. stays for 2 months and again comes on March 1st 2012, will she face any problem at port of entry? Due to her extension she took on her last visit?
Please help me understand pros and corns? What is the best way to use 10 years tourist visa to stay in USA legally to Maximum period.
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satish_hello
08-22 10:45 AM
Hi All,
Can we follow up case details only with WAC Receipt from NSC.
Any one approved with WAC receipt with PD'2005 and PD'2006 from NSC.
How many people out there?
Thanks
Can we follow up case details only with WAC Receipt from NSC.
Any one approved with WAC receipt with PD'2005 and PD'2006 from NSC.
How many people out there?
Thanks
bkshres
10-07 01:00 PM
Recently I joined new company using AC21. When I joined this new company, my new company told me that they will not handle any immigration matter but will provide with necessary documents if needed. So, I asked my previous attorney to continue my case and he prepared letter for AC21 and sent to USCIS. Now, after couple of weeks, now the lawyer from my new company sent me G-28 form to fill, which is technically to switch the attorney and telling me that this new attorney will be sending AC21 documents again. But my new company is not doing G-28 for my wife. So, now I am in delemma whether to file G-28 and switch the attoney and send AC21 documents again.
Is it advisable to stay with old attorney as he had all the original documents and whatever being sent to USCIS OR switch to new attorney appointed by new company. This new attorney also saying that most of the time G-28 form will never make to USCIS I485 case and will get lost in mailroom. In that case all the correspondence will still goto old attorney. So, I wasn't sure what is safest and best way to handle this.
From my prospective, I should be good since my old attorney already sent AC21 documents to USCIS including my apointment letter from new employer with copies of all necessary document. so, Do I need to switch attorney at this stage of Green card (I485). What could be the possible queries in future regarding AC21. My old company is very reputed and they will not revoke my I-140. Similarly my new company is also very reputed. Both are in similar business and my job is similar and both are fortune 100 companies.
My case is EB3 ROW with priority date of March 2006. Now I am working on EAD.
Thanks in advance.
BK
Is it advisable to stay with old attorney as he had all the original documents and whatever being sent to USCIS OR switch to new attorney appointed by new company. This new attorney also saying that most of the time G-28 form will never make to USCIS I485 case and will get lost in mailroom. In that case all the correspondence will still goto old attorney. So, I wasn't sure what is safest and best way to handle this.
From my prospective, I should be good since my old attorney already sent AC21 documents to USCIS including my apointment letter from new employer with copies of all necessary document. so, Do I need to switch attorney at this stage of Green card (I485). What could be the possible queries in future regarding AC21. My old company is very reputed and they will not revoke my I-140. Similarly my new company is also very reputed. Both are in similar business and my job is similar and both are fortune 100 companies.
My case is EB3 ROW with priority date of March 2006. Now I am working on EAD.
Thanks in advance.
BK
sunnyark1
02-18 10:52 AM
Dear Attorneys, fellow forum members:
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
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