wandmaker
03-26 01:19 AM
My employer had mentioned a salary of 87,000$ in my labor.
Other folks have given the answers to your question. Just to summarize, as long as your current salary is >= H1B LCA you are fine and GC LCA rate applies only after you get GC. Till then chill out and BTW - Lighter note, If you are moving to similar or same job with another employer and invoking AC21, make sure you are getting paid greater than or equal to 87K/Year. Thats my two cents.
Other folks have given the answers to your question. Just to summarize, as long as your current salary is >= H1B LCA you are fine and GC LCA rate applies only after you get GC. Till then chill out and BTW - Lighter note, If you are moving to similar or same job with another employer and invoking AC21, make sure you are getting paid greater than or equal to 87K/Year. Thats my two cents.
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bbct
02-01 03:13 PM
Thanks for each on every one of you!
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
Could you please share the city and apartment complex name so other people are aware and would be careful in moving?
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
Could you please share the city and apartment complex name so other people are aware and would be careful in moving?
ImmInd
06-09 08:36 AM
You do not need Visa to Travel via Germany if you are citizen of Destination Country.
So, Indians do not need visa to travel via Germany when you travel back to Home Country (India).
So, Indians do not need visa to travel via Germany when you travel back to Home Country (India).
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gcdreamer05
02-24 11:45 AM
Recently we are seeing lot of people with new id without completing profile they are able to start new thread. What if admin enforced new user to fill the personnel information and then only they can post on this web site. More importantly some key massages\important issues get berried in active forums due to above issue.
Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.
This is a very valid suggestion , because i believe most of the new questions are posted by that fake guy tunnel rat... with different different ids.
Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.
This is a very valid suggestion , because i believe most of the new questions are posted by that fake guy tunnel rat... with different different ids.
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sabbygirl99
03-28 11:23 AM
My LC is languishing in Philly backlog center. Not sure if I beleive that they will have it completed by Sep 2007. In any case, I am blessed enough to be able to switch to a part time status at work. I am enrolling in a part time graduate program. My question is - will going part time at work hurt me with LC or even later with 140, 485, or maybe even green card interview?? Thanks.
anilsal
03-21 12:37 AM
Additionally, can your attorneys makes copies of RFE response sent and attach it to the MTR maybe? I do not if that is possible or allowed or will make any difference.
I just learned that from you that there is a 33 day deadline on answering RFEs. What if the mail got lost in transit? How will the applicant/attorneys really know (unless of course you have done the online case status registration).
I just learned that from you that there is a 33 day deadline on answering RFEs. What if the mail got lost in transit? How will the applicant/attorneys really know (unless of course you have done the online case status registration).
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rcr_bulk
08-28 05:45 PM
For different initiatives. Did you see my join date? I joined in the first month when it is founded. Not a big deal...I am not even sure why i have to prove and tell these stories....last post....
At last , now you found right the thing to do.
At last , now you found right the thing to do.
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shyamiv
08-13 11:45 AM
USA which is a so called developed country, takes 6 months to issue a passport due to the fact that USCIS is over...........loaded with work. So Flashing story is an old one and will only fit in Hollywood world.
The US Department of State Bureau of Consular Affairs issues a US passport to eligible citizens. Applying for passport and issuance is not a USCIS affair and hence is a lot faster i would say a month or less at most ! Had it been a USCIS affair.... most americans will still be tracking their passport case status online ! :)
The US Department of State Bureau of Consular Affairs issues a US passport to eligible citizens. Applying for passport and issuance is not a USCIS affair and hence is a lot faster i would say a month or less at most ! Had it been a USCIS affair.... most americans will still be tracking their passport case status online ! :)
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gc_chahiye
12-18 11:32 PM
Thank you gc_chahiye for you nice explaination. I agreed with your comment on completing 180 days....will do that. I may invoke AC21 afterwards with EAD rather going with H1B transfer as that make better sense to me.....
Any sugessions.....???
Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.
Thanks,
M
staying on H1 is always recomended as it gives you a safety net... Its your call.. If you are joining a company that does provide the H1 option, go for it.
LC substitution is dead. The rule limiting LC to 180 days came in the same set of regulations that banned LC substitutions, hence maybe the confusion, however the two are NOT tied. LCs are valid for 180 days period.
See http://www.murthy.com/nflash/nf_051607.html
Any sugessions.....???
Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.
Thanks,
M
staying on H1 is always recomended as it gives you a safety net... Its your call.. If you are joining a company that does provide the H1 option, go for it.
LC substitution is dead. The rule limiting LC to 180 days came in the same set of regulations that banned LC substitutions, hence maybe the confusion, however the two are NOT tied. LCs are valid for 180 days period.
See http://www.murthy.com/nflash/nf_051607.html
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vegasbaby
02-23 12:52 AM
Hi,
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
Well, yes you can certainly abandon H-1 process & come back on EAD/AP. However, I would try some other consulate first like Hyderabad or Delhi. I believe since you have gone for H-1 extension, you can go to pretty much any consulate in India.
My friend was issued a yellow form 221g or something @ Toronto Consulate. He went to Delhi & got his visa stamped. No questions asked.
But you should wait to check if its PIMS delay. PIMS delays are generally resolved in 2 -3weeks.
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
Well, yes you can certainly abandon H-1 process & come back on EAD/AP. However, I would try some other consulate first like Hyderabad or Delhi. I believe since you have gone for H-1 extension, you can go to pretty much any consulate in India.
My friend was issued a yellow form 221g or something @ Toronto Consulate. He went to Delhi & got his visa stamped. No questions asked.
But you should wait to check if its PIMS delay. PIMS delays are generally resolved in 2 -3weeks.
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cfan666666
06-28 09:20 PM
Both of them will work, I believe.
Good luck to all of us!
Good luck to all of us!
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Aah_GC
06-17 03:52 PM
What my Attorney (Prashanti Reddy - who does free sessions on IV) said
This is exactly right, if your I140 is revoked, you might as well get a NOID. So, make sure you keep all your GC-sponsored employer's releiving letter, paystubs for the post 180 days of I485 application. That is the only proof that you were employed legally with the GC-sponsoring employer for that 180 day period.
On the AC21 - technically even if you are unemployed and yet have a similar / same job waiting for you, you should still end up getting your GC. I would strongly recommend to make the best use of AC21 and progress in your career.
This is exactly right, if your I140 is revoked, you might as well get a NOID. So, make sure you keep all your GC-sponsored employer's releiving letter, paystubs for the post 180 days of I485 application. That is the only proof that you were employed legally with the GC-sponsoring employer for that 180 day period.
On the AC21 - technically even if you are unemployed and yet have a similar / same job waiting for you, you should still end up getting your GC. I would strongly recommend to make the best use of AC21 and progress in your career.
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dollar500
11-19 05:48 PM
I had a strange situation. I checked on the case status site to see if there is any update on my case. I am a July 2 filer with EAD plus FP. The earlier update date was 9/2/2007. I checked there it says that it's updated as 11/1/2007, when I reread it I didn't notice anything different. Can anybody shed some light?
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On September 1, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On September 1, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
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chaukas
04-23 12:50 AM
The I-140 processing date for EB2 Nebraska is June 2007. I have a friend with receipt dt on July 30, 2007 in EB2 whose I-140 was approved today. My I-140
was received on July 2 , 2007 and is not approved yet.
was received on July 2 , 2007 and is not approved yet.
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nk2006
04-13 12:46 PM
I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,
As someone already mentioned you can go for rollover IRA - most of major investment companies offer this (infact will be eager to get any business).
Its a bad thing that your previous company is asking to move funds - but in a way its a blessing in disguise. In many companies (and their 401k custodians like Fidelity) - they allow to continue your funds in the 401k even after you leave the company - but as a non-employee you would incur more expenses and/or closed for some investing options. So continuing in the older 401k is not a great option in most cases (unless your previous 401k had very good funds which are now closed for new investors). Rollover IRA's are also good for another reason - you have more investment opportunities. In most of 401k's the number of available mutual funds are limited - but in rollover IRA it becomes much more flexible (I have a Fidelity rollover IRA account and has many funds and also an option to trade stocks). When I moved from one of my former employers (a top software company) I was too lazy to do anything and left it there for next five/six years; later as I gained more financial knowledge I digged into the funds and fees and came to know how much more I was charged as a non-employee - then moved to my current rollover IRA.
If you are more adventurous, there are other options as well. You can rollover into a self-directed IRA that allows to invest you in small private companies. There are a few custodians who allows this. Lets say someone has 10K in former 401k account - rolling over into a IRA with traditional fin. companies like Fidelity will give you access to many mutual funds and stock; with a small set of specialized custodians you can invest this 10K in a startup or even in real-estate. The custodian helps in the documentation so that you and the new company are very clear about everything. The key is you cannot be the owner of the company or real estate that you are investing but you can invest in a friends company or real-estate. I went to this route for one of my account and invested in a friends company who own commercial real-estate - with a 8% annual return rate for last year I can say its my best performing investment account. Obviously this is not for everyone and need lot of leg work and an ideal opportunity to go for this - but thought of giving out my experience anyway.
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,
As someone already mentioned you can go for rollover IRA - most of major investment companies offer this (infact will be eager to get any business).
Its a bad thing that your previous company is asking to move funds - but in a way its a blessing in disguise. In many companies (and their 401k custodians like Fidelity) - they allow to continue your funds in the 401k even after you leave the company - but as a non-employee you would incur more expenses and/or closed for some investing options. So continuing in the older 401k is not a great option in most cases (unless your previous 401k had very good funds which are now closed for new investors). Rollover IRA's are also good for another reason - you have more investment opportunities. In most of 401k's the number of available mutual funds are limited - but in rollover IRA it becomes much more flexible (I have a Fidelity rollover IRA account and has many funds and also an option to trade stocks). When I moved from one of my former employers (a top software company) I was too lazy to do anything and left it there for next five/six years; later as I gained more financial knowledge I digged into the funds and fees and came to know how much more I was charged as a non-employee - then moved to my current rollover IRA.
If you are more adventurous, there are other options as well. You can rollover into a self-directed IRA that allows to invest you in small private companies. There are a few custodians who allows this. Lets say someone has 10K in former 401k account - rolling over into a IRA with traditional fin. companies like Fidelity will give you access to many mutual funds and stock; with a small set of specialized custodians you can invest this 10K in a startup or even in real-estate. The custodian helps in the documentation so that you and the new company are very clear about everything. The key is you cannot be the owner of the company or real estate that you are investing but you can invest in a friends company or real-estate. I went to this route for one of my account and invested in a friends company who own commercial real-estate - with a 8% annual return rate for last year I can say its my best performing investment account. Obviously this is not for everyone and need lot of leg work and an ideal opportunity to go for this - but thought of giving out my experience anyway.
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gcnotfiledyet
02-26 11:29 AM
http://hammondlawgroup.blogspot.com/
From this group it does not look like there is any rule followed by states as they follow CGFNS guidelines. It is just that USCIS has started using OOH for PTs. It looks like AILA will be filing something with USCIS.
My first question: you have been here for 5yrs on h1b then why did you not file green card under schedule A when it was current until Dec 2006? I am really surprised. You would have been on green card long time back. Actually I am even surprised that you did not go for masters even afer being here for 5years.
If there is any other way you can continue your presence in US then go for it. You just have to be patient for USCIS to start accepting what state boards accept while issuing licenses. If state boards do not mind foreign bachelors to practise PT then I don't understand why USCIS would care. I think its just another shot from USCIS to shoot immigrants out of this country.
Getting into masters of PT can't be that quick. Schools just don't accept students everyday. They have deadlines for every semester and there is so much paperwork including exams, evaluations, proof of funding etc etc. So do talk to lawyer for your options to stay here, talk to school on how to enroll in masters, if your spouse is on h1 then get onto h4 by filing cos. These are just my guesses. Again talk to lawyer for your options ASAP.
From this group it does not look like there is any rule followed by states as they follow CGFNS guidelines. It is just that USCIS has started using OOH for PTs. It looks like AILA will be filing something with USCIS.
My first question: you have been here for 5yrs on h1b then why did you not file green card under schedule A when it was current until Dec 2006? I am really surprised. You would have been on green card long time back. Actually I am even surprised that you did not go for masters even afer being here for 5years.
If there is any other way you can continue your presence in US then go for it. You just have to be patient for USCIS to start accepting what state boards accept while issuing licenses. If state boards do not mind foreign bachelors to practise PT then I don't understand why USCIS would care. I think its just another shot from USCIS to shoot immigrants out of this country.
Getting into masters of PT can't be that quick. Schools just don't accept students everyday. They have deadlines for every semester and there is so much paperwork including exams, evaluations, proof of funding etc etc. So do talk to lawyer for your options to stay here, talk to school on how to enroll in masters, if your spouse is on h1 then get onto h4 by filing cos. These are just my guesses. Again talk to lawyer for your options ASAP.
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tnite
07-26 02:17 PM
I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
Funny that you're talking about moving and I thought about my life for a moment and here it is :
I was supposed to move couple of months ago to Stamford, CT (ninety miles form where I live and work now) but decided to stay after the July bulletin became current.I informed the apt mgmt that I want to extend the lease .
I didnt want to move after hearing horror stories from folks who did(Some of them did not get the FP notices, receipts and all that stuff).
Then sent in all the papers on July 2nd. USCIS came out and said we are not going to accept. I waited for a week. Nothing was happening so decided to move by the end of August.Called in the Mgmt and informed that I will move out by the end of August.
The came July 17th , when USCIS reversed their decision to accept. I called in the mgmt and told them some excuse and ask them to extend the lease by another month. Never ending uncertainity continues......
This is my story folks.Some may want to know Why I want to move, My wife got her project in jersey city and we decided that living in Stamford,CT would be half way for each of us and that was the only way we could live together. 90 miles drive each way for me and 11/2 hr each way for her .
End of the day, thats what matters.
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
Funny that you're talking about moving and I thought about my life for a moment and here it is :
I was supposed to move couple of months ago to Stamford, CT (ninety miles form where I live and work now) but decided to stay after the July bulletin became current.I informed the apt mgmt that I want to extend the lease .
I didnt want to move after hearing horror stories from folks who did(Some of them did not get the FP notices, receipts and all that stuff).
Then sent in all the papers on July 2nd. USCIS came out and said we are not going to accept. I waited for a week. Nothing was happening so decided to move by the end of August.Called in the Mgmt and informed that I will move out by the end of August.
The came July 17th , when USCIS reversed their decision to accept. I called in the mgmt and told them some excuse and ask them to extend the lease by another month. Never ending uncertainity continues......
This is my story folks.Some may want to know Why I want to move, My wife got her project in jersey city and we decided that living in Stamford,CT would be half way for each of us and that was the only way we could live together. 90 miles drive each way for me and 11/2 hr each way for her .
End of the day, thats what matters.
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Sakthisagar
04-22 03:45 PM
Congratulations HBK, what a relief to hear the good news on your case, I am in the same situation and started collecting papers to apply on normal processing will update all of you how it goes. same Vermont ..I am applying.
Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.
May GOD Bless all.
USCIS Policy Memo site link below see for yourself.
USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)
Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.
May GOD Bless all.
USCIS Policy Memo site link below see for yourself.
USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)
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gcpadmavyuh
09-23 12:24 PM
An H1/ H4 was in their list. But my Wife used her EAD and is no mor eon H4. They advised her to apply for F-1, which I dont think is an option (the F-1 application will be rejected anyways, because of the already demonstrated immigration intent).
Did you ask them what are those acceptable documents?
Did you ask them what are those acceptable documents?
miapplicant
10-06 08:55 PM
Vnsriv...
Thanks..I was just kind of curious to see, is anyone on the same boat as mine? Coz, most of my friends/network whom I had asked, got their status changed along with their spouses'. If its the same with the community, then I have to do something. But yah, It didn't occur to me that, if there is no answer, means, probably there aren't that many ppl in the same situation as mine...Thanks again...
My spouse got his EAD card yesterday. We haven't recd any RNs or for that matter any notices so far. I applied as his dependent. I guess my case is similar to yours.
Thanks..I was just kind of curious to see, is anyone on the same boat as mine? Coz, most of my friends/network whom I had asked, got their status changed along with their spouses'. If its the same with the community, then I have to do something. But yah, It didn't occur to me that, if there is no answer, means, probably there aren't that many ppl in the same situation as mine...Thanks again...
My spouse got his EAD card yesterday. We haven't recd any RNs or for that matter any notices so far. I applied as his dependent. I guess my case is similar to yours.
chapsi29
06-25 10:29 AM
Hi all,
I got my H1-B approved last year (through the lottery) and my start date was 10/01/07. My company was not doing well and so did not hire me until end of Nov. I have been continuously working since then. I did not receive any pay in 2007 and my company has been lagging behind on pay checks.
Problem: I have received pay checks only till Dec 15th, 2007. Till date, I have not received my W2 for 2007. My husband has filed a tax extension and we have time until 10/15 to file our tax now.
Questions:
1: Can my company issue a W2 for 2007 now ?
2: What are the impacts of not getting a W2 in a year, even though you have legally worked for a company ?
3: My husband has filed for his GC and is currently waiting for his I-140 and I-485 (both filed concurrently last summer). Will there be any problems in my I-485 because of my W2 issue ?
4: Is there a problem if my husband files a joint return without my W2 ? Is it even possible ? I do have my SSN and that is the only info that is being asked about me while filing the tax.
Thanks in advance.
I got my H1-B approved last year (through the lottery) and my start date was 10/01/07. My company was not doing well and so did not hire me until end of Nov. I have been continuously working since then. I did not receive any pay in 2007 and my company has been lagging behind on pay checks.
Problem: I have received pay checks only till Dec 15th, 2007. Till date, I have not received my W2 for 2007. My husband has filed a tax extension and we have time until 10/15 to file our tax now.
Questions:
1: Can my company issue a W2 for 2007 now ?
2: What are the impacts of not getting a W2 in a year, even though you have legally worked for a company ?
3: My husband has filed for his GC and is currently waiting for his I-140 and I-485 (both filed concurrently last summer). Will there be any problems in my I-485 because of my W2 issue ?
4: Is there a problem if my husband files a joint return without my W2 ? Is it even possible ? I do have my SSN and that is the only info that is being asked about me while filing the tax.
Thanks in advance.
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