ChainReaction
08-14 09:22 AM
My application was mailed on June 25th to TSC and picked up by TSC IO on June 28th . The new weekly processing update states processing/receipting completed till june 28th. But they still haven't cashed my check or issued any receipt ? When I called the 800 number to ask them regarding my application they first told me to wait for 15 days ,then 45 days and now 90 days. Whats the point of issuing weekly update if USCIS itself is not following it,it is creating more anxiety then doing any good.
I am wondering what if they misplaced/lost my application, will they accept resubmitting a new I485 petition after Aug17th based on Fedex signature conformation receipt signed by an IO, of previously filed petition??:confused:
I am wondering what if they misplaced/lost my application, will they accept resubmitting a new I485 petition after Aug17th based on Fedex signature conformation receipt signed by an IO, of previously filed petition??:confused:
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Googler
07-08 05:41 PM
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
Pitha -- you forget one very important thing -- they still wasted 10K visas in 2006. So in Aug and July they had not actually consumed all the visas -- they just expected to in August and didn't manage to.
Pitha -- you forget one very important thing -- they still wasted 10K visas in 2006. So in Aug and July they had not actually consumed all the visas -- they just expected to in August and didn't manage to.
chanduv23
07-10 12:35 PM
How about we come up with a skit where we can reenact the drama about the whole episode in a funny way. Where we can have people portraying roles of USCIS Director, Secrtary of State, Immigrants calling franctically to India to get their documents, parents running around to get doucments, the start of rumor, the employees of uscis working on sunday to adjudicate the cases, then the flip flop of DOS. etc. Then we can put this on youtube and will attract publicity.
Can anyone do a cartoon and we can post it on the internet?
Can anyone do a cartoon and we can post it on the internet?
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Googler
07-07 09:14 PM
she said "But we're prepared to talk to people about what happened here."
hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS
Pitha -- the law says quite clearly that AOS applications cannot be filed if visa numbers are not available. Which is why IV was trying to get in an amendment that says AOS can be filed even when visa numbers are not available.
USCIS would fight a change in this tooth and nail -- cos as the Ombudsman has reported again and again in his annual reports -- when they spend a huge amount of time churning out EADs and APs, actual adjudications of green cards fall behind. Then there are the people (incl Ombudsman) who say that such interim benefits (EAD AP) should not be granted to such large numbers of people without security checks etc.
My guess is that this is precisely why USCIS didn't want the all current situation. They don't want to be stuck with 700K applications which have no hope of getting a greencard for years upon years, while they churn out EADs and APs for all those years.
Of course, one fix would be to increase the EAD time period to 3 yrs. Something they have been unwilling to do.
hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS
Pitha -- the law says quite clearly that AOS applications cannot be filed if visa numbers are not available. Which is why IV was trying to get in an amendment that says AOS can be filed even when visa numbers are not available.
USCIS would fight a change in this tooth and nail -- cos as the Ombudsman has reported again and again in his annual reports -- when they spend a huge amount of time churning out EADs and APs, actual adjudications of green cards fall behind. Then there are the people (incl Ombudsman) who say that such interim benefits (EAD AP) should not be granted to such large numbers of people without security checks etc.
My guess is that this is precisely why USCIS didn't want the all current situation. They don't want to be stuck with 700K applications which have no hope of getting a greencard for years upon years, while they churn out EADs and APs for all those years.
Of course, one fix would be to increase the EAD time period to 3 yrs. Something they have been unwilling to do.
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GCStatus
09-16 10:16 PM
http://www.newsobserver.com/news/story/628939.html
ashwin_27
11-19 01:25 PM
The goal of this action item is to get as many impacted EB folks to write to/talk to their lawmakers. i assume that is why this action item was announced on the public forum.
For every anti-immigrant who might view this message, we hope that there will be 20-50 EB folks who speak up and act on the action item. We cannot be scared of opposition and limit every action item to members only...that way we will never get a mass response that is required for such an initiative.
We have 29 guests viewing this thread as I type! Can we make this forum members only? IMHO they are not adding any value and may contain prying anti's in their mix....
For every anti-immigrant who might view this message, we hope that there will be 20-50 EB folks who speak up and act on the action item. We cannot be scared of opposition and limit every action item to members only...that way we will never get a mass response that is required for such an initiative.
We have 29 guests viewing this thread as I type! Can we make this forum members only? IMHO they are not adding any value and may contain prying anti's in their mix....
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GCStatus
09-15 08:38 PM
Third post to get your attention?. Is it possible to make this thread hard wired?. Is it possible to send a PM to all members with the first post?. Thank you.
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kawosa
08-31 06:52 PM
I just got this email... I have no idea what ADIT means... Does this mean approval? Good luck to those still waiting .. especially the EB3 crowd...
Does anyone know how long it actually takes to receive the card?
__________________________________________________ _______
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Decision
On August 31, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.
If you have questions or concerns about your application or the case status results
listed above, or if you have not received a decision from USCIS within the current
processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Check Processing Times.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
Does anyone know how long it actually takes to receive the card?
__________________________________________________ _______
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Decision
On August 31, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.
If you have questions or concerns about your application or the case status results
listed above, or if you have not received a decision from USCIS within the current
processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Check Processing Times.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
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xyz_123
08-29 03:21 PM
My attorney received the receipt notice for I-485 application today.
Application was received by NSC on July 23rd.
PD - Jan 2004
Application was received by NSC on July 23rd.
PD - Jan 2004
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mirage
03-06 06:09 PM
You wouldn't have felt that way if you were EB-3 India sittinig for last 8 years, reading Visa Bulletins every months, just to find it still in Oct'2001...And if you ask USCIS what's going on they ask you 5K.
Funny how some people call this country cap 'discrimination.' If this is discrimination, then everybody is being discriminated, as the country cap applies to all countries, not just India and China. Since everybody is 'discriminated,' then it is not discrimination anymore.:)
Funny how some people call this country cap 'discrimination.' If this is discrimination, then everybody is being discriminated, as the country cap applies to all countries, not just India and China. Since everybody is 'discriminated,' then it is not discrimination anymore.:)
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mqualique
05-01 03:20 PM
Spouse can stay in the country as far as her/his 485 has been applied before EB primary got a GC and after EB primary PD was current.
It WILL matter if while filing 485 EB & EB dependents have to use EB PD & FB PD respectively because then it could happen that EB primary got GC but EB dependent was never able to file 485.
In most cases it WON'T matter if while filing 485 EB & EB dependents can both use EB PD.
So if EB Dependents can use FB Quota but EB PD that would be really good for us. Off course clarification from attorney is always a good idea.
Our intention is to findout if CIS interpretation is correct. If spouse can stay in the country with EAD and AP and if Primary gets GC first. It won't matter much becos, that EAD will not have any strings attached on same or similar etc. So we should be OK.
It WILL matter if while filing 485 EB & EB dependents have to use EB PD & FB PD respectively because then it could happen that EB primary got GC but EB dependent was never able to file 485.
In most cases it WON'T matter if while filing 485 EB & EB dependents can both use EB PD.
So if EB Dependents can use FB Quota but EB PD that would be really good for us. Off course clarification from attorney is always a good idea.
Our intention is to findout if CIS interpretation is correct. If spouse can stay in the country with EAD and AP and if Primary gets GC first. It won't matter much becos, that EAD will not have any strings attached on same or similar etc. So we should be OK.
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satishku_2000
06-09 03:21 PM
I dont know any one of you guys personally but I am happy for you folks who are able to file AOS after a long wait.. Good luck for you ....Please continue to support IV ...:):D :cool:
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delhirocks
07-04 11:29 PM
Hey thx man...I had no idea about this. I will search for the post and read up on it.
Is this something that will be impacted by the Jul17th: no Labor substitution rule or are they completely different..
To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.
When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.
I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.
Is this something that will be impacted by the Jul17th: no Labor substitution rule or are they completely different..
To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.
When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.
I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.
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qplearn
10-25 07:49 PM
If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))
As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.
But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))
As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.
But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.
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Mehul
11-30 09:03 PM
Mehul,
Sorry to hear about your diagnosis and our prayers are with you and your family.
But as suggested by IV members, please do consider a visit to india and take second opinion from the Tata Memorial Hospital in Mumbai, its one of the best cancer treament centre in the world.
US Healthcare system is for Profit, some medical facilities in US are exception, but if you see the overall Healthcare system it sucks and its all driven by insurance and big Pharmaceutical companies.
Please send me the private e-mail if you need any help in Mumbai to reach good doctor in Tata Memorial Hospital.
Thank you all for your help and support but I have made peace with my fate. I have pancreas cancer with VERY poor pragnosis and trust me I took 5 different opinions with the some of the best hospitals in US and Europe.
Regarding my family, something is working out in Sweden and probably all of us will move there permanently in 1-2 months. We have some relatives living there.
Thanks again for all you help. You guys really made us feel we are not alone.
Good luck and Good Bye.
Mehul
Sorry to hear about your diagnosis and our prayers are with you and your family.
But as suggested by IV members, please do consider a visit to india and take second opinion from the Tata Memorial Hospital in Mumbai, its one of the best cancer treament centre in the world.
US Healthcare system is for Profit, some medical facilities in US are exception, but if you see the overall Healthcare system it sucks and its all driven by insurance and big Pharmaceutical companies.
Please send me the private e-mail if you need any help in Mumbai to reach good doctor in Tata Memorial Hospital.
Thank you all for your help and support but I have made peace with my fate. I have pancreas cancer with VERY poor pragnosis and trust me I took 5 different opinions with the some of the best hospitals in US and Europe.
Regarding my family, something is working out in Sweden and probably all of us will move there permanently in 1-2 months. We have some relatives living there.
Thanks again for all you help. You guys really made us feel we are not alone.
Good luck and Good Bye.
Mehul
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feedfront
08-26 04:50 PM
I will also suggest guys waiting with their PD current to write to the USCIS Director in DC. I did that; not sure if that worked in my case, but one needs to explore every way of bringing their case to the attention of the management.
Do you have contact info?
Do you have contact info?
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eb3_nepa
05-03 05:14 PM
I wonder how many who come here on H4 know what complexities lay ahead in the G.C processing. unfortunately it is not easy to undo their marriage and go back.
They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
--MC
I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
--MC
I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
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WaldenPond
06-28 08:34 PM
Hello gg_ny,
USINPAC and India Caucus work together. And we have been seeking help from USINPAC. But Thank you for the suggestion.
WaldenPond
USINPAC and India Caucus work together. And we have been seeking help from USINPAC. But Thank you for the suggestion.
WaldenPond
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amslonewolf
06-12 03:39 PM
My attorney is taking his owwwwn time.. Could there be any reasons for this?
He is usually very prompt and quick to act. But this time, he is taking forever to file my I-485/EAD/AP..
He is usually very prompt and quick to act. But this time, he is taking forever to file my I-485/EAD/AP..
jindhal
09-24 01:35 PM
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Thank you!!
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Thank you!!
another one
12-17 02:43 PM
Restarted the process again in 2006 due to job change.
Two things that help me.
1) Personally meeting lawmakers and making it obvious to them how screwed up their policies are.
2) Being ready to go back. After all, the country where i was born and spent the first 25 yrs of my life cannot be that impossible for me to live in.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Two things that help me.
1) Personally meeting lawmakers and making it obvious to them how screwed up their policies are.
2) Being ready to go back. After all, the country where i was born and spent the first 25 yrs of my life cannot be that impossible for me to live in.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
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