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houston_TX
07-19 01:36 PM
Hi All,
MY LC (PD May 2003) is still stuck in DBEC. So I may or may not be able to file withing Aug17th.
My question is regarding the procedure used by USCIS to process AOS applications. It would be great if someone could explain this to me.
These are my questions:
1. Is the AOS application processed by RD or PD?
2. Once USCIS starts processing the I485, do they check PD at any stage, or is it just used as the initail "gate " for allowing I485 application submission?
3. Suppose Tom with a PD of July 2006 applied in July 2007. Then Harry's case gets approved by BEC in August 2007 and he applies in October 2007. Who will get the GC first?
Thanks for the help!
MY LC (PD May 2003) is still stuck in DBEC. So I may or may not be able to file withing Aug17th.
My question is regarding the procedure used by USCIS to process AOS applications. It would be great if someone could explain this to me.
These are my questions:
1. Is the AOS application processed by RD or PD?
2. Once USCIS starts processing the I485, do they check PD at any stage, or is it just used as the initail "gate " for allowing I485 application submission?
3. Suppose Tom with a PD of July 2006 applied in July 2007. Then Harry's case gets approved by BEC in August 2007 and he applies in October 2007. Who will get the GC first?
Thanks for the help!
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willigetgc?
07-15 01:46 PM
While IV has not lobbied for any particular EB category but I think that is what they should be doing. Isn't one of IV's goals is to end retrogression ... so shouldn't EB3 be at least lobbied for since they are in such a mess ... I don't believe it sometimes that we are still in 2001.. that is 10 years back.
In a couple of years EB2 will be more or less current. So that means a guy who came two years back will file in EB2 and get his GC and I who has been working here for 12 years would still be waiting in line.
Some people say EB1 are brighter than EB2 and EB2 are brighter than EB3 . I find that funny because no one Eb1 or EB2 or EB3 is brighter than anyone unless someone has an extraordinary PHd or is a scientist . Its the lawyers who are brighter and how co-operative your company is.
Besides when we filed in EB3 categories there was no retrogression and hence no one cared or else we also would have filed in Eb2 and got our GC.
I think time has come for IV to lobby for help to EB3 people specifically since EB2 is almost done .
I was in DC for the advocacy days, and as many of the attendees have written, there was not a single line that indicated of IV's preference for EB2. In fact, us members were told how futile the argument was - because no law is ever passed for one category alone. If the country cap elimination bill is passed (which IV heavily lobbying for) - EB2 and EB3 I benefit. If recapture bill is passed then too, EB2 and EB3 I will benefit. No law is ever made for one category. Sure, will EB2 benefit more? probably, because of the spillover rules. The lawmaker offices we went and met with, know less about the whole GC process. They know of retrogression - but do they know of EB2 and EB3 - not really. I would ask everyone who talks about EB2 and EB3 to actually go meet with their lawmakers office locally - and find out for themselves.
In a couple of years EB2 will be more or less current. So that means a guy who came two years back will file in EB2 and get his GC and I who has been working here for 12 years would still be waiting in line.
Some people say EB1 are brighter than EB2 and EB2 are brighter than EB3 . I find that funny because no one Eb1 or EB2 or EB3 is brighter than anyone unless someone has an extraordinary PHd or is a scientist . Its the lawyers who are brighter and how co-operative your company is.
Besides when we filed in EB3 categories there was no retrogression and hence no one cared or else we also would have filed in Eb2 and got our GC.
I think time has come for IV to lobby for help to EB3 people specifically since EB2 is almost done .
I was in DC for the advocacy days, and as many of the attendees have written, there was not a single line that indicated of IV's preference for EB2. In fact, us members were told how futile the argument was - because no law is ever passed for one category alone. If the country cap elimination bill is passed (which IV heavily lobbying for) - EB2 and EB3 I benefit. If recapture bill is passed then too, EB2 and EB3 I will benefit. No law is ever made for one category. Sure, will EB2 benefit more? probably, because of the spillover rules. The lawmaker offices we went and met with, know less about the whole GC process. They know of retrogression - but do they know of EB2 and EB3 - not really. I would ask everyone who talks about EB2 and EB3 to actually go meet with their lawmakers office locally - and find out for themselves.
Alabaman
06-12 04:38 PM
Honestly I cannot see much wrong with Congressman Pences point of view.
Unless you are an illegal who is looking for a free ride on the US immigration laws, you have got to consider it fair. Especially if it is combined with some sort of expansion of legal immigration, a fair minded individual cannot really quarrel with it.
Only problem is that it will cause those coming after a few years legally to get caught up in a Tsunami of applications and probably will be unfair to them, but ATLEAST they would be aware of what they are up against and will choose to come KNOWING that.
Immigration to the US is not a right and many of us are suffering a lot to play by the rules so our children have a bright future. Our talents are being utilised at less than their full capacity to serve a bigger purpose in this land. We are waiting patiently. Someone who cut in line should not be given rights and priviledges that we have suffered so much to get by doing the right and honorable thing.
According to this new plan the illegals will learn to know that a green card is a LONG PAINSTAKINGLY FRUSTRATING process just like all of us have learnt.
I am happy that despite their breaking the law they have a chance to atone for their mistake and still EVENTUALLY get the green card, perhaps when they are old and grey but eventually. Hey I have sprouted many grey hair in this endeavour myself!
I think this is fair and balanced and just might be able to put this CIR beyond the goalline. God knows the current legal immigration system needs some reform.
... the problem however is that the laws and procedures of the land do not care if you are suffering to do things right which makes it an UNFAIR system.
Unless you are an illegal who is looking for a free ride on the US immigration laws, you have got to consider it fair. Especially if it is combined with some sort of expansion of legal immigration, a fair minded individual cannot really quarrel with it.
Only problem is that it will cause those coming after a few years legally to get caught up in a Tsunami of applications and probably will be unfair to them, but ATLEAST they would be aware of what they are up against and will choose to come KNOWING that.
Immigration to the US is not a right and many of us are suffering a lot to play by the rules so our children have a bright future. Our talents are being utilised at less than their full capacity to serve a bigger purpose in this land. We are waiting patiently. Someone who cut in line should not be given rights and priviledges that we have suffered so much to get by doing the right and honorable thing.
According to this new plan the illegals will learn to know that a green card is a LONG PAINSTAKINGLY FRUSTRATING process just like all of us have learnt.
I am happy that despite their breaking the law they have a chance to atone for their mistake and still EVENTUALLY get the green card, perhaps when they are old and grey but eventually. Hey I have sprouted many grey hair in this endeavour myself!
I think this is fair and balanced and just might be able to put this CIR beyond the goalline. God knows the current legal immigration system needs some reform.
... the problem however is that the laws and procedures of the land do not care if you are suffering to do things right which makes it an UNFAIR system.
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easygoer
05-06 09:47 AM
Dhundun,
You should have filed in July'07 for your son and he was eligible that time even he might have completed 21 years as your I-140 was pending for enough time.
Now you have to wait for date to become current and calculate:
1) Total processing time period for your I-140
2) Your PD become current
3) Completion of your son's 21 years must not have surpassed the processing time for I-140 before you can file his I-485
You should have filed in July'07 for your son and he was eligible that time even he might have completed 21 years as your I-140 was pending for enough time.
Now you have to wait for date to become current and calculate:
1) Total processing time period for your I-140
2) Your PD become current
3) Completion of your son's 21 years must not have surpassed the processing time for I-140 before you can file his I-485
more...
dollar500
05-16 04:20 PM
Some guy picked up. I asked for immigration person. He said he's away. Then I read up the text on IV message. He said "thanks for the comments"
sravani
05-16 01:57 PM
My wife and I went for the medical examination 1.5 years ago, when we thought we'll be eligible to file shortly. We still have those sealed envelopes. However, the time passed and I understand we need to undergo the exam again for our June filing, correct?
The first time around my wife had a positive skin test (immunized in childhood) and negative Xray. Back then she was advised to never do the skin test again, as it'll always be positive. So, she'll need to go for an Xray this time. However, she is pregnant, and they don't Xray pregnant women... Is she an exempt then? There gotta be a provision for something like this, right?
Thanks.
Vlad
The following thread answers your question.
http://immigrationvoice.org/forum/showthread.php?t=4493
The first time around my wife had a positive skin test (immunized in childhood) and negative Xray. Back then she was advised to never do the skin test again, as it'll always be positive. So, she'll need to go for an Xray this time. However, she is pregnant, and they don't Xray pregnant women... Is she an exempt then? There gotta be a provision for something like this, right?
Thanks.
Vlad
The following thread answers your question.
http://immigrationvoice.org/forum/showthread.php?t=4493
more...
needhelp!
04-09 02:06 PM
I am in. If I choose 5K now, can i later "upgrade" to half marathon?
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pappu
05-09 10:49 AM
I am seeing several people contacting Congressman and opening service requests. These guys seem to have become current just this month and they do not have any patience. It is crazy in my opinion. As pointed out earlier there is lot of herd mentality on the forums and if one person posts, everyone else does the same. Some people I have seen on the forum call customer service every day to get case status. I urge people to read and try to understand the process than blindly following what others are doing. Secondly as posted earlier, tracking is also useless and a waste of time. It will not help you get your green card any faster. Have some patience and follow the process. Starting a service request as soon as your date gets current, cannot help you.
more...
Dhundhun
05-06 02:48 AM
http://www.immigration-law.com/
05/05/2008: USCIS Revises "Significantly" Child Status Protection Act (CSPA) Interpretation & Guidance 04/30/2008
I read it and seems to be complex to understand.
My I-140 was applied in Mar 2005, when my son was 20. PD became current in Jul 2007 and I-485 was filed. I-140 was approved in Oct 2007.
I have a question: Earlier, it was not possible for me to file I-485 for my son. Under new provision, is it possible?
05/05/2008: USCIS Revises "Significantly" Child Status Protection Act (CSPA) Interpretation & Guidance 04/30/2008
I read it and seems to be complex to understand.
My I-140 was applied in Mar 2005, when my son was 20. PD became current in Jul 2007 and I-485 was filed. I-140 was approved in Oct 2007.
I have a question: Earlier, it was not possible for me to file I-485 for my son. Under new provision, is it possible?
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nixstor
05-15 12:03 PM
Folks,
Please call the below selected members from CHC. There are reasons why we should NOT be calling every one in the CHC. The members we have to target from CHC and their corresponding numbers are listed below.
I removed congressman Henry Cuellar from the list as he is now the co sponsor of all three bills
I removed congresswoman Lucille Roybal-Allard from the list as she is now the co sponsor of all three bills
Tell them that you would like to talk to some one who handles immigration/legal matters, If forwarded to voice mail, leave a VM. If the VM is full, you can get back to the main line by pressing 0 and then leave a message with them.
The message you have to deliver when calling these offices is
I would like Representative "Representative Name" to co sponsor bills HR 5882, HR 5921 & HR 6039 sponsored by Zoe Lofgren. All three bills have wide bipartisan support in the house and will help reduce the back logs associated with USCIS. These bills are a great first step towards immigration reform.
DO NOT GET INTO THE LEGAL/ILLEGAL DISCUSSION WITH STAFF MEMBERS
Only if the staff member bring up the issue of CIR, in that case say that -
In the past we have been supporting Comprehensive approach and still continue to support comprehensive approach and we look for our our main issues to be addressed whenever comprehensive bill is passed. However, this is is just an interim fix to begin or start the immigration reform process.
.
Senator Robert Menendez
202 224 4744
Ruben Hinojosa
phone: 202-225-2531
Charles Gonzalez
Phone: (202)225-3236
Hilda Solis
202 225 5464
Ciro Rodriguez
202 225 4511
Raul grijalva
ph (202) 225-2435
Dennis Cardoza
(202) 225-6131
Jim Costa
(202)225-3341
Please call the below selected members from CHC. There are reasons why we should NOT be calling every one in the CHC. The members we have to target from CHC and their corresponding numbers are listed below.
I removed congressman Henry Cuellar from the list as he is now the co sponsor of all three bills
I removed congresswoman Lucille Roybal-Allard from the list as she is now the co sponsor of all three bills
Tell them that you would like to talk to some one who handles immigration/legal matters, If forwarded to voice mail, leave a VM. If the VM is full, you can get back to the main line by pressing 0 and then leave a message with them.
The message you have to deliver when calling these offices is
I would like Representative "Representative Name" to co sponsor bills HR 5882, HR 5921 & HR 6039 sponsored by Zoe Lofgren. All three bills have wide bipartisan support in the house and will help reduce the back logs associated with USCIS. These bills are a great first step towards immigration reform.
DO NOT GET INTO THE LEGAL/ILLEGAL DISCUSSION WITH STAFF MEMBERS
Only if the staff member bring up the issue of CIR, in that case say that -
In the past we have been supporting Comprehensive approach and still continue to support comprehensive approach and we look for our our main issues to be addressed whenever comprehensive bill is passed. However, this is is just an interim fix to begin or start the immigration reform process.
.
Senator Robert Menendez
202 224 4744
Ruben Hinojosa
phone: 202-225-2531
Charles Gonzalez
Phone: (202)225-3236
Hilda Solis
202 225 5464
Ciro Rodriguez
202 225 4511
Raul grijalva
ph (202) 225-2435
Dennis Cardoza
(202) 225-6131
Jim Costa
(202)225-3341
more...
gc_chahiye
06-29 05:49 PM
That Oh guy has been apologizing every second week for tehe rumors he post ....
this is on AILA website too. someone posted the link on another thread. lets track all this on hte "Is the door going to..." thread...
this is on AILA website too. someone posted the link on another thread. lets track all this on hte "Is the door going to..." thread...
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snathan
03-25 07:05 PM
Mr. Nathan I have a great deal of respect for you and all those who have committed themselves to driving IV and all activities it is doing. But what you understood from my post is entirely wrong, and I have to explain why, because if this is the misconception you are having, not about me in particular but everyone who is not involved, then it definitely needs answers.
As I already clarified, I had stopped worrying about GC, long time ago, not after getting EAD.
I bought a house when I didn't even start my current GC process.
I went to India (Chennai) in my 7th year for H1 extension stamping (after completing 6 yrs of H1 and before I even filed 485). I didn't postpone it till I got EAD.
I left my employer who had filed for my labor in 2004 because he started acting up at the end of my project and started GC process with new employer well into my 6th year.
I do understand some people run to IV only in time of need. But all I am saying is not to paint everyone with same brush. Even if you think about people who want anything to do with IV only when there is need, lets try winning them over rather than stating the obvious and ridiculing them.
rkg000,
I don�t have anything personally against you. For the last couple of years things have changed dramatically for the worst. If you are on H1B you are facing lots of hardship and it doesn�t matter even if you are genuinely employed and in status. They used to ask only for client letters and now it is laundry list. Till 2007 things were different.
All the information is available in the IV's about page or wiki. There are people who genuinely do not have much info but there are people who do not want to participate. Because it�s not going to help them immediately until it�s going to bite them. Until then they do not see the value for their investment.
The frustration and disappointment is about them. You cannot wake up a person who is just pretending.
As I already clarified, I had stopped worrying about GC, long time ago, not after getting EAD.
I bought a house when I didn't even start my current GC process.
I went to India (Chennai) in my 7th year for H1 extension stamping (after completing 6 yrs of H1 and before I even filed 485). I didn't postpone it till I got EAD.
I left my employer who had filed for my labor in 2004 because he started acting up at the end of my project and started GC process with new employer well into my 6th year.
I do understand some people run to IV only in time of need. But all I am saying is not to paint everyone with same brush. Even if you think about people who want anything to do with IV only when there is need, lets try winning them over rather than stating the obvious and ridiculing them.
rkg000,
I don�t have anything personally against you. For the last couple of years things have changed dramatically for the worst. If you are on H1B you are facing lots of hardship and it doesn�t matter even if you are genuinely employed and in status. They used to ask only for client letters and now it is laundry list. Till 2007 things were different.
All the information is available in the IV's about page or wiki. There are people who genuinely do not have much info but there are people who do not want to participate. Because it�s not going to help them immediately until it�s going to bite them. Until then they do not see the value for their investment.
The frustration and disappointment is about them. You cannot wake up a person who is just pretending.
more...
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bugsbunny
03-26 05:40 PM
And check out my signature - finding your state chapter and becoming a member is easy. I have had this for over a year now
regarding the state chapters
this is what i found on the page following your link
State: Southern California
Name: Santhi Boppana
IV handle: santb1975
Leaader Name: Pancham
IV handle: prp925
Leader Name: Puneet
IV handle: Paskal
State Group email/URL: SC_Immigration_Voice : Southern California Immigration Voice (http://groups.yahoo.com/group/sc_immigration_voice)
At first i thought there was no state chapter for California. Only after searching the page for the word "california" did i find the ones for Southern California and Northern California
which are not states but just different parts of California.
Was i supposed to magically just guess that it is listed this way...or am i a moron who just does not understand this simple thing?
regarding the state chapters
this is what i found on the page following your link
State: Southern California
Name: Santhi Boppana
IV handle: santb1975
Leaader Name: Pancham
IV handle: prp925
Leader Name: Puneet
IV handle: Paskal
State Group email/URL: SC_Immigration_Voice : Southern California Immigration Voice (http://groups.yahoo.com/group/sc_immigration_voice)
At first i thought there was no state chapter for California. Only after searching the page for the word "california" did i find the ones for Southern California and Northern California
which are not states but just different parts of California.
Was i supposed to magically just guess that it is listed this way...or am i a moron who just does not understand this simple thing?
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anilkumar0902
08-05 03:21 PM
is your case pending with ?
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gccovet
08-08 12:59 PM
Hmmm,
I may as well tell my wife to accept the fact that she is likely to loose her job. Just got reply from my attorney to go for INFOPASS once 90 days have passed and request expedite.
akhilmahajan
Did you do INFOPASS or Service Request? Is that the same or different?
With Infopass appointment you get to meet IO (may be level I, or Level II) face-to-face, SR is done via phone.
GCCovet
I may as well tell my wife to accept the fact that she is likely to loose her job. Just got reply from my attorney to go for INFOPASS once 90 days have passed and request expedite.
akhilmahajan
Did you do INFOPASS or Service Request? Is that the same or different?
With Infopass appointment you get to meet IO (may be level I, or Level II) face-to-face, SR is done via phone.
GCCovet
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girijas
04-09 01:42 PM
I have sent an email to the TeamIV email. Can you send me the form? I will be participating in the DC 10 miler
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coldcloud
05-18 09:48 AM
My Attorney has sent in more than 2 inquiries with DOL and each time we get the same boilerplate reply saying you are in queue and we are processing it. This is an automated reply as few of my friends even got the same reply with no change except case number.
Also as for as i know there is no time limit as such as 4 months to wait before contacting DOL.
Also as for as i know there is no time limit as such as 4 months to wait before contacting DOL.
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jnraajan
03-29 04:10 PM
I think the PIO Card usually comes from Delhi. But, if you go in person, you could probably get a visa on the same day. You can get the PIO Card once you return from your trip
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pd_recapturing
08-04 09:19 AM
Till now, I was thinking that I will get my EAD any time soon but looks like, I am stuck. Today is 63rd day and I have no news. I e-filed on 06/02. Is there anything, I can do to expedite it ? My wife paper filed on 06/15 and she also has no news. We both filed with TSC.
sundevil
07-12 12:10 AM
So there is a possibility that they will issue August Bulletin with limited date movement and act like July bulletin events never happened? Man, and we keep thinking they cannot sink any lower.
Is there a written rule that they have to request number only when they are about to approve a 485? Or is it just been a USCIS procedure. In the latter case they can change it when they want. Then they would have played everything by the rule.
1. On Jun 12 th there were lot of numbers.
2. July 2nd numbers were gone, through USCIS requests.
3. But wait a minute come July 10th some were returned(which is also legal). Now DOS may say numbers are not zero and potentially issue Aug bulletin with June dates or little movement.
4. Every new application now gets them higher fee.
And this could potentially be defense against the lawsuit. May be I am giving too much credit to USCIS but this has the makings of a great book for some official when he/she quits this administration(Like lot of others who have done this earlier).
So is it possible that the following was USCIS' plan all along in a bid to (1) force applicants to pay the higher fees and (2) reduce the number of applications they would receive. So let's try and see where USCIS or DOS acually broke the law. BTW, the following is pure speculation on my part.
1. DOS makes all categories current in the visa bulletin dated June 12.
2. This screws up USCIS's plans. So they have to force the DOS to issue a revision before July 1st.
3. USCIS frantically starts requesting visa numbers. Even for 485s with pending FBI checks.
4. Come July 2nd, USCIS still hasn't used up all the 60,000 or so numbers, but still informs DOS that all visa numbers have been exhausted.
5. DOS publishes a revised visa bulletin dated July 02 where everthing becomes unavailable.
6. USCIS acts on DOS revised visa bulletin and decides to reject all I-485s filed on July 02 and beyond.
7. July 05 onwards, USCIS starts returning the numbers to DOS. This could be for applications that have pending FBI checks.
8. DOS now decides to use some caution before issuing August bulletin. They will probably not make all categories current, but will probably shift them by a few months based on June bulletin.
9. USCIS now gets all new applications with higher fees and a reduced number of applications.
Please add to this sequence of events if you think I missed anything.
IMHO, USCIS broke the law in #4. And DOS broke the law in #5 if it was aware that visa numbers were still being issued as of July 02.
Thanks,
Jayant
Is there a written rule that they have to request number only when they are about to approve a 485? Or is it just been a USCIS procedure. In the latter case they can change it when they want. Then they would have played everything by the rule.
1. On Jun 12 th there were lot of numbers.
2. July 2nd numbers were gone, through USCIS requests.
3. But wait a minute come July 10th some were returned(which is also legal). Now DOS may say numbers are not zero and potentially issue Aug bulletin with June dates or little movement.
4. Every new application now gets them higher fee.
And this could potentially be defense against the lawsuit. May be I am giving too much credit to USCIS but this has the makings of a great book for some official when he/she quits this administration(Like lot of others who have done this earlier).
So is it possible that the following was USCIS' plan all along in a bid to (1) force applicants to pay the higher fees and (2) reduce the number of applications they would receive. So let's try and see where USCIS or DOS acually broke the law. BTW, the following is pure speculation on my part.
1. DOS makes all categories current in the visa bulletin dated June 12.
2. This screws up USCIS's plans. So they have to force the DOS to issue a revision before July 1st.
3. USCIS frantically starts requesting visa numbers. Even for 485s with pending FBI checks.
4. Come July 2nd, USCIS still hasn't used up all the 60,000 or so numbers, but still informs DOS that all visa numbers have been exhausted.
5. DOS publishes a revised visa bulletin dated July 02 where everthing becomes unavailable.
6. USCIS acts on DOS revised visa bulletin and decides to reject all I-485s filed on July 02 and beyond.
7. July 05 onwards, USCIS starts returning the numbers to DOS. This could be for applications that have pending FBI checks.
8. DOS now decides to use some caution before issuing August bulletin. They will probably not make all categories current, but will probably shift them by a few months based on June bulletin.
9. USCIS now gets all new applications with higher fees and a reduced number of applications.
Please add to this sequence of events if you think I missed anything.
IMHO, USCIS broke the law in #4. And DOS broke the law in #5 if it was aware that visa numbers were still being issued as of July 02.
Thanks,
Jayant
bitzbytz
03-24 05:45 PM
I never said all this crap. you could be what you are.. There are probably more qualified people who didn't get a chance to get the same f***ng benefits you enjoy.. IV is trying to help them.. It is impossible to show that because of your 100$ bill, you GC is printed 20 sec faster.. If you don't believe in what is going on in IV, take a hike..
take a chill pill and relax
take a chill pill and relax
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