chanduv23
03-26 08:16 PM
It is totally upto you for taking up the job. But working without getting paid means you are giving in to exploitation.
But then, a lot of people, in their early stages of their career can do small sacrifices to learn the skill.
The only issue would be that your consulting company would be charging a heft sum to the client and pay you nothing.
Remember, legally you are not supposed while on h4.
But then, a lot of people, in their early stages of their career can do small sacrifices to learn the skill.
The only issue would be that your consulting company would be charging a heft sum to the client and pay you nothing.
Remember, legally you are not supposed while on h4.
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bp333
02-19 10:50 AM
We (me, my wife and my son) are submitted 485 applications on July 7th to Nebraska service center latter they transferred to Vermont from there it again transferred to Taxes Service. Unfortunately I forgot to write the amount in wordings in my wife's 485 application check so they rejected my wife's application on Oct 9th, they enclosed the letter to re submit the application by using the new fee. We re submitted on Oct 15th by enclose the two checks $325 and $1010 along with the covering letter and the letter what they are given.
Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.
I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.
My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.
My wife doesn't get her receipt 485 number I am not able to use my EAD.
Can any body suggest how to approach this case? Or is any one face same issue.
Thanks.
If its rejected due to "missing or incorrect fee" you can send the package back with a special cover letter to by-pass the mail room. The letter has to say something in the lines of: "Attention CRU Supervisor, case improperly rejected due to fee".. search for these in google. You will find a template.
Mine was rejected for the same and Supervisor accepted my refile.
Good luck.
Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.
I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.
My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.
My wife doesn't get her receipt 485 number I am not able to use my EAD.
Can any body suggest how to approach this case? Or is any one face same issue.
Thanks.
If its rejected due to "missing or incorrect fee" you can send the package back with a special cover letter to by-pass the mail room. The letter has to say something in the lines of: "Attention CRU Supervisor, case improperly rejected due to fee".. search for these in google. You will find a template.
Mine was rejected for the same and Supervisor accepted my refile.
Good luck.
nagio
01-08 07:31 AM
Six weeks it is. Sorry I said 7 weeks.
I just replied in the other thread too.
My wife went for her H1B stamping at HYD on Nov 23rd of 2009. Got 221g pink slip. Submitted response on Nov 25th of 2009. Got her Visa approval on Jan 4th 2010. May be all the holidays in between delayed more by a week or two. Also US consulate say each case is unique in terms of time to get processed. She works for university in bio-tech. Hope this helps.
I just replied in the other thread too.
My wife went for her H1B stamping at HYD on Nov 23rd of 2009. Got 221g pink slip. Submitted response on Nov 25th of 2009. Got her Visa approval on Jan 4th 2010. May be all the holidays in between delayed more by a week or two. Also US consulate say each case is unique in terms of time to get processed. She works for university in bio-tech. Hope this helps.
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morchu
04-21 01:35 PM
See my answers below:
a) Yes. You need to file another H1B+COS and wait for its approval. Wont be counted in cap.
b) Yes, you can. It is a simple application. You may even travel outside of USA and get an H4 stamp from a US consulate in India/Canada/Mexico, without any COS application.
c) Yes you can file for AOS. But at the time of filing of AOS you should have an "intention" to join the employer permanently, and the offered permanent position should be available at that time, and the employer should have an "intention" to employ you permanently.
You can file for Consular Processing, but for that you might need to file an I-824 now.
Again the same things mentioned above for AOS applies.
-Morchu
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
a) Yes. You need to file another H1B+COS and wait for its approval. Wont be counted in cap.
b) Yes, you can. It is a simple application. You may even travel outside of USA and get an H4 stamp from a US consulate in India/Canada/Mexico, without any COS application.
c) Yes you can file for AOS. But at the time of filing of AOS you should have an "intention" to join the employer permanently, and the offered permanent position should be available at that time, and the employer should have an "intention" to employ you permanently.
You can file for Consular Processing, but for that you might need to file an I-824 now.
Again the same things mentioned above for AOS applies.
-Morchu
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
more...
puskeygadha
05-22 10:25 AM
looks like they dont look at the comments
franklin
07-20 02:11 PM
I'm confused - what is the point of applying for AP if you aren't also applying for EAD?
Yes, I believe you can apply for EAD yourself
Yes, I believe you can apply for EAD yourself
more...
sk2006
06-12 12:17 PM
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
I think your company have to let you go and hire the avaiable US citizen.
You shall have to find another job.
This is always the risk when PERM is filed.
When mine was filed, I kept my fingures crossed. My manager used to call and interview applicants every day. I was lucky that not many people with required skill sets applied.
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
I think your company have to let you go and hire the avaiable US citizen.
You shall have to find another job.
This is always the risk when PERM is filed.
When mine was filed, I kept my fingures crossed. My manager used to call and interview applicants every day. I was lucky that not many people with required skill sets applied.
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pgc10
02-03 07:18 PM
The AC21 requires you to have the new employer sign the AC21. What if the employer refuses to sign..??
Also does anyone have the exact wording they sent to USCIS with the AC21 letter
There is no standard legal forms to file for AC21. So, I don't think employer needs to sign anything unless you were talking about the offer letter (which would obviously be signed by both employer and employee).
Also does anyone have the exact wording they sent to USCIS with the AC21 letter
There is no standard legal forms to file for AC21. So, I don't think employer needs to sign anything unless you were talking about the offer letter (which would obviously be signed by both employer and employee).
more...
ajju
03-01 11:55 AM
USCIS can pre-adjudicate a case, even when visa numbers are not available. This means that USCIS processes all the application, but just waits for a visa number to finalize it.
does it reflect on online status? How else can we find out that one's case has been pre-adjudicated... LUD?? or any specific status?? or only IO can tell??
does it reflect on online status? How else can we find out that one's case has been pre-adjudicated... LUD?? or any specific status?? or only IO can tell??
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franklin
07-13 03:28 PM
Dont we need to wear saris and dhotis , we are followers of Gandhian principles ?
We may follow the principles, but we are not all Indian. There will be a significant non Indian presence at the rally.
Please guys, I love your enthusiasm, but lets not confuse the people attending the rally :) You've now made me think for about 30mins about what I should wear tomorrow!
Official dress code, and presentation will be posted in the main thread shortly.
Trust me, we plan to make this one VERY different than illegal rallies.
We may follow the principles, but we are not all Indian. There will be a significant non Indian presence at the rally.
Please guys, I love your enthusiasm, but lets not confuse the people attending the rally :) You've now made me think for about 30mins about what I should wear tomorrow!
Official dress code, and presentation will be posted in the main thread shortly.
Trust me, we plan to make this one VERY different than illegal rallies.
more...
bluez25
07-15 04:00 PM
And My details are below.
Category EB2
LC PD: FEB-2006
LC AD: Mar-2006
I-140 FD: 23-May-2006
I-140 RD/ND: 25-May-2006
I-140 LUD: 29-July-2006
I-140 RFE : 15 November 2006
I-140 Responded: 14 December 2006
I-140 AD: 11 Jan 2007
DS 230 Received in April 2007
DS 230 Submitted to NVC in May 2007
NVC forwarded the case to Chennai on June 5th 2007
Chennai Consulate appointment : August 11th 2008
Category EB2
LC PD: FEB-2006
LC AD: Mar-2006
I-140 FD: 23-May-2006
I-140 RD/ND: 25-May-2006
I-140 LUD: 29-July-2006
I-140 RFE : 15 November 2006
I-140 Responded: 14 December 2006
I-140 AD: 11 Jan 2007
DS 230 Received in April 2007
DS 230 Submitted to NVC in May 2007
NVC forwarded the case to Chennai on June 5th 2007
Chennai Consulate appointment : August 11th 2008
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hemasar
06-22 09:57 AM
hemasar....dont give wrong information. Just becuse your colleague said that he got it does not make it a law. Please be prudent in providing correct legal information!
I am just sharing the information of one who got this experience. I am not claiming that is the law. None of us are attorneys. We are not giving any legal advice here. We are just sharing our knowledge and experience. What ever legal suggestions you provide here; are you taking any responsibility for that? No right? Just we are sharing our concerns, knowledge and experience. If you have any solid evidence that says USCIS will accept chest X-ray only after +/- skin test please share with us.
Thanks.
I am just sharing the information of one who got this experience. I am not claiming that is the law. None of us are attorneys. We are not giving any legal advice here. We are just sharing our knowledge and experience. What ever legal suggestions you provide here; are you taking any responsibility for that? No right? Just we are sharing our concerns, knowledge and experience. If you have any solid evidence that says USCIS will accept chest X-ray only after +/- skin test please share with us.
Thanks.
more...
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gcformeornot
04-06 02:07 PM
For those who have Labor Sub and used AC21 to port employer....read on...
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends (http://cyrusmehta.blogspot.com/)
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends (http://cyrusmehta.blogspot.com/)
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justAnotherFile
11-21 01:47 PM
See body of email below....
Hi,
I would like your highly successful program to do a show on the "Plight of Legal High-Skilled Immigrants". The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).
There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.
All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.
I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.
What does it take for congress to pass some relief? Just some simple relief measures
1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
3. Do not count spouse and dependents towards the annual number
4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .
60 minutes is a highly regarded program that brings to focus issues that impact adversely law-abiding people and issues that impact America as a nation. I would request you to air a program on the plight of legal high-skilled immigrants to bring this highly important issue to national focus.
regds,
xxxxxx
Hi,
I would like your highly successful program to do a show on the "Plight of Legal High-Skilled Immigrants". The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).
There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.
All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.
I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.
What does it take for congress to pass some relief? Just some simple relief measures
1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
3. Do not count spouse and dependents towards the annual number
4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .
60 minutes is a highly regarded program that brings to focus issues that impact adversely law-abiding people and issues that impact America as a nation. I would request you to air a program on the plight of legal high-skilled immigrants to bring this highly important issue to national focus.
regds,
xxxxxx
more...
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chanduv23
03-03 11:18 AM
thanks for the response. can you please post the result of the transfer
also any one in the forum who had experience with the ac21 transfer +ve or negative can you please advise about your experiences. it is really a stressful situation with every thing being this way.
I did AC21 from a Consulting company into a big financial company and moved using EAD. My old employer requested USCIS to revoke my 140 and as a result I got a NOID from USCIS asking details of new employment. I gave the details and my case processing resumed.
AC21 issues can be resolved. So don't worry about it.
also any one in the forum who had experience with the ac21 transfer +ve or negative can you please advise about your experiences. it is really a stressful situation with every thing being this way.
I did AC21 from a Consulting company into a big financial company and moved using EAD. My old employer requested USCIS to revoke my 140 and as a result I got a NOID from USCIS asking details of new employment. I gave the details and my case processing resumed.
AC21 issues can be resolved. So don't worry about it.
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IV2007
05-11 10:13 AM
Guys,
I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.
http://capwiz.com/aila2/issues/alert/?alertid=9589591
Letter content pre-exists if needed you can change.
Let's inundate senate & other members with what we are facing..
-IV2007
EB2 Labor Pending
I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.
http://capwiz.com/aila2/issues/alert/?alertid=9589591
Letter content pre-exists if needed you can change.
Let's inundate senate & other members with what we are facing..
-IV2007
EB2 Labor Pending
more...
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pbojja
04-20 02:22 PM
I-94 also does not have the date written
Just take the passports and required documents to Chicago Airport , there will be a Customs and Border office inside the International terminal, they will be able to fix it .
Just take the passports and required documents to Chicago Airport , there will be a Customs and Border office inside the International terminal, they will be able to fix it .
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LONGGCQUE
01-04 07:26 PM
I also left a top 10 Indian company while on a US deputation and they are holding my PF, gratuity etc. They have been asking me to pay approx 12-15K USD to settle things.
I have no clue how to recover my PF money which would be atleast 6-7K USD based on my 63 months of employment with them.
Gurus, can someone shed some light on this. Has anyone resigned from so called top 10 indian companies which make you sign those bonds, and then ask you to come back to India and serve 3-6 months. How to recover PF etc from those indian companies if you do not sign off on good terms. For me, they say settle the a/c first and we will process your PF.
shed some light please
I have no clue how to recover my PF money which would be atleast 6-7K USD based on my 63 months of employment with them.
Gurus, can someone shed some light on this. Has anyone resigned from so called top 10 indian companies which make you sign those bonds, and then ask you to come back to India and serve 3-6 months. How to recover PF etc from those indian companies if you do not sign off on good terms. For me, they say settle the a/c first and we will process your PF.
shed some light please
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BMS1
08-21 12:05 PM
Thanks
clazale
04-07 03:26 PM
http://www..com/discussion-forums/i485-1/28005017/
Its not easy but can be done. The cover letter in my case didn't work - no way of knowing because my application was filed in July when EVERYONE was current. Lawyer screwed up and didnt file in February 07 with the I 140. Below is what I got back from TSC re: cross charge- I had to jump through the hoops for them to consider it. There are some good and informative posts on .
"Today I received an email from my lawyers office who had requested a congressional inquiry with TSC. Good news is that my congresswoman's office is really efficient - they followed up till they got the confirmation. Now atleast I know they will consider it as CC.
Below is what TSC wrote back. Now the wait for visa bulletins and processing dates resumes!
"The message was sent to management. Yes they can be charge cross chargeability. However, at this time the files can not be request due to the large volume of work the unit has. Cases are process accordingly and chronological.
Will sent another message to management, but this request in expediting these cases does not meet the service criteria.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.
Texas Service Center
Congressional Relations " "
I am trying to get TSC to accept my cross-chargeability without much luck. I would really appreciate it if you could spare few mins to answer a few questions:
1. Will an infopass appointment help or a call to customer service help?
2. Do you have the format of the letter sent by your congresswomen's office?
3. Is it better if my lawyer requests the congressman's office or should i do it?
4. If i speak to my congressmans office, should i inform my attorney? I hope the letters sent by the congressmans office do not undo any work my attorney might have done.
5. How do we know that cross chargeability has been accepted. Does USCIS always send a letter informing that they have accepted the request for cross-chargeability?
Any help is really appreciated.
Its not easy but can be done. The cover letter in my case didn't work - no way of knowing because my application was filed in July when EVERYONE was current. Lawyer screwed up and didnt file in February 07 with the I 140. Below is what I got back from TSC re: cross charge- I had to jump through the hoops for them to consider it. There are some good and informative posts on .
"Today I received an email from my lawyers office who had requested a congressional inquiry with TSC. Good news is that my congresswoman's office is really efficient - they followed up till they got the confirmation. Now atleast I know they will consider it as CC.
Below is what TSC wrote back. Now the wait for visa bulletins and processing dates resumes!
"The message was sent to management. Yes they can be charge cross chargeability. However, at this time the files can not be request due to the large volume of work the unit has. Cases are process accordingly and chronological.
Will sent another message to management, but this request in expediting these cases does not meet the service criteria.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.
Texas Service Center
Congressional Relations " "
I am trying to get TSC to accept my cross-chargeability without much luck. I would really appreciate it if you could spare few mins to answer a few questions:
1. Will an infopass appointment help or a call to customer service help?
2. Do you have the format of the letter sent by your congresswomen's office?
3. Is it better if my lawyer requests the congressman's office or should i do it?
4. If i speak to my congressmans office, should i inform my attorney? I hope the letters sent by the congressmans office do not undo any work my attorney might have done.
5. How do we know that cross chargeability has been accepted. Does USCIS always send a letter informing that they have accepted the request for cross-chargeability?
Any help is really appreciated.
corleone
03-19 11:18 AM
How will an I-140 gets cancelled just because he left the company. GC is for future employment, that should have nothing to do with the current employment. Same with Place of work issue, place of issue on H1 has nothing to do with I-140
As amit has suggested approaching Senators will do wonders (atleast for some)
GC is for future employment but I-140 is not GC. I-485 is Adjustment of status to Permanent resident (GC).
If you leave the company prior I-140 approval. I-140, I-485, EAD & AP are canceled.
If your I-140 is approved and I-485 is pending for more than 180 days, then and only then, you can switch company using AC21 while still keeping your I-485 pending.
Mind you, I-140 is not your application, it is employers!
As amit has suggested approaching Senators will do wonders (atleast for some)
GC is for future employment but I-140 is not GC. I-485 is Adjustment of status to Permanent resident (GC).
If you leave the company prior I-140 approval. I-140, I-485, EAD & AP are canceled.
If your I-140 is approved and I-485 is pending for more than 180 days, then and only then, you can switch company using AC21 while still keeping your I-485 pending.
Mind you, I-140 is not your application, it is employers!
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