Shujaat
05-27 10:33 AM
I did my three years diploma (polytechnic) and three years engineering degree (B.E.) after that and I had @ eight years of experience while I had applied for GC through EB2 category. I had no problem in getting my I-140 approval; so far I have not received single rfe.
Hi,
Can you share you EE copy with me? It will really help me to understand that on which basis your evaluation has done.. Either 13 years schooling and 3 year Bachelor equivelent to US Bachelor...
Hi,
Can you share you EE copy with me? It will really help me to understand that on which basis your evaluation has done.. Either 13 years schooling and 3 year Bachelor equivelent to US Bachelor...
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redcard
01-19 01:08 PM
Here is my understanding:
Situation 1-
1. Get New Visa Stamped:
If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.
Situation 2
2. No New Visa Stamped and entering on the old visa
I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..
Hope this helps..
Situation 1-
1. Get New Visa Stamped:
If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.
Situation 2
2. No New Visa Stamped and entering on the old visa
I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..
Hope this helps..
GCwaitforever
06-19 04:09 PM
I heard that once we start using EAD (immigrant intent), we could never go back to using H-1B (quasi non-immigrant). Many lawyers suggest not using EAD as yet because if I-485 is ever rejected for any reason, we could still be on H-1B and go on for few more years and leave the country comfortably. Without H-1B in those circumstances, we would be out of any status and we have to leave the country immediately.
Your friend might have applied for EAD, but primarily he must be staying on H-1B only. His wife could be using the EAD very much.
Your friend might have applied for EAD, but primarily he must be staying on H-1B only. His wife could be using the EAD very much.
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sandyn16
03-17 12:35 PM
I applied recently for refinancing on H1B (1 yr extensions) and did not face any issues. I had to provide additional documentation like the 485 receipt, apart from that no issues.
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webm
04-15 11:12 AM
Congrats!! on your GC...
ash0210
11-09 12:36 PM
In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?
"Premium GC processing" will work as follows:
Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....
...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!
USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..
Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:
1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability
2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years
3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years
4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA
5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?
6. FP:
Finger Printing at least once (NOT over by 15 months etc..)
7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time
8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)
After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.
Look guys, this is a capitalist country & we have to pay few $$$'s to USCIS instead of spending them on EAD's & AP's extensions for next couple of years (usually instead of year, its turning out to be 8-9 months!)
Do IV core group/IV members wants to amend or add more Base rules, including $$ price for Premium GC processing?
I am sure Dems will consider these options as they have to prove that its NOT nothing doing congress!!
Needs further brain churning to suggest "firm-up" suggestions to Dems/Congress...!!
"Premium GC processing" will work as follows:
Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....
...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!
USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..
Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:
1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability
2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years
3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years
4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA
5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?
6. FP:
Finger Printing at least once (NOT over by 15 months etc..)
7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time
8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)
After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.
Look guys, this is a capitalist country & we have to pay few $$$'s to USCIS instead of spending them on EAD's & AP's extensions for next couple of years (usually instead of year, its turning out to be 8-9 months!)
Do IV core group/IV members wants to amend or add more Base rules, including $$ price for Premium GC processing?
I am sure Dems will consider these options as they have to prove that its NOT nothing doing congress!!
Needs further brain churning to suggest "firm-up" suggestions to Dems/Congress...!!
more...
immigration07
10-06 04:11 PM
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
I went thru all the arguments and counter arguments that this guy made. Some made sense others did not but the post attached below shows he is a piece of thrash full of vanity and arrogance. Just for yur info Mr. gctest getting into a second tier university in India and framing yur SOP with some thrash and sentiments will easily fetch yu a place in yur so called tier one UNiversities in US. I am sure you opted to do that as you were not able to get into any of the tier one B-schools or other similar place of higher learning in India because you did not have the grey matter in your head. Moreover students from those places come to US directly recruited by the companies in US (that too after paying a hefty placement fees per recruit and on a dual intent H1B visa) but unfortunately they too are in EB2 category............I am really happy that you got your GC and can merrily gloat about your academic proficiency and IQ level of "180" (but commonsense...) with much more freedom.
"gctest
Member Join Date: May 2008
Posts: 49
--------------------------------------------------------------------------------
Were you born in a dumpster? You are assuming so many things here.
Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that
i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud
-------------------------------------------------------------------------------
Last edited by gctest : 10-03-2008 at 09:12 PM. "
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
I went thru all the arguments and counter arguments that this guy made. Some made sense others did not but the post attached below shows he is a piece of thrash full of vanity and arrogance. Just for yur info Mr. gctest getting into a second tier university in India and framing yur SOP with some thrash and sentiments will easily fetch yu a place in yur so called tier one UNiversities in US. I am sure you opted to do that as you were not able to get into any of the tier one B-schools or other similar place of higher learning in India because you did not have the grey matter in your head. Moreover students from those places come to US directly recruited by the companies in US (that too after paying a hefty placement fees per recruit and on a dual intent H1B visa) but unfortunately they too are in EB2 category............I am really happy that you got your GC and can merrily gloat about your academic proficiency and IQ level of "180" (but commonsense...) with much more freedom.
"gctest
Member Join Date: May 2008
Posts: 49
--------------------------------------------------------------------------------
Were you born in a dumpster? You are assuming so many things here.
Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that
i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud
-------------------------------------------------------------------------------
Last edited by gctest : 10-03-2008 at 09:12 PM. "
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bkam
03-17 11:15 PM
EB3_PERA,
Immigration to Canada is the most obvious option in case you want to stay within North America. Being Canadian permanent resident / citizen allows you to run business in the States under certain rules.
Another option is Australia but it is a bit far away and in fact the country is not very much populated - less than 20 mln people. I.e. business is not booming.
Dubai is an excellent option for making money, or at least that was the case 10-15 years ago. Its economy is still booming.
<snip>
Immigration to Canada is the most obvious option in case you want to stay within North America. Being Canadian permanent resident / citizen allows you to run business in the States under certain rules.
Another option is Australia but it is a bit far away and in fact the country is not very much populated - less than 20 mln people. I.e. business is not booming.
Dubai is an excellent option for making money, or at least that was the case 10-15 years ago. Its economy is still booming.
<snip>
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jonty_11
06-20 06:15 PM
Thanks.
Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.
as per my Co lawyer..U can add ur spouse at any time before ur appplication is adjudicated upon.
Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.
as per my Co lawyer..U can add ur spouse at any time before ur appplication is adjudicated upon.
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chanduv23
08-05 11:13 PM
PA members most welcome to merge with Tri State members on the rally effort. We have a lunch meeting in NYC on Saturday and you are all most welcome to join us.
Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
ALSO- PLEASE DO UPDATE YOUR CONTACT INFORMATION
Thank you!
Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
ALSO- PLEASE DO UPDATE YOUR CONTACT INFORMATION
Thank you!
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Pineapple
02-09 01:51 PM
That's a good one :)
..
PS: You know that Power = IV right? = )
..
PS: You know that Power = IV right? = )
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cox
October 22nd, 2005, 12:05 AM
There have been some E coast meets at Indy, but as far as I know, no W coast. QJ and I have threatened to meet here since we both live around SF Bay Area, but haven't managed it yet. I'm game for a get together, but my work schedule is hideous. :(
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gc2
03-08 08:36 AM
i guess you would need to share specifics with a reputed attorney to identify what went wrong in your brother's case. on this forum, there is limited help for a case like yours that requires professional handling.
perhaps someone who has had similar experience can throw light on this situation. wishing you best.
perhaps someone who has had similar experience can throw light on this situation. wishing you best.
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mikemeyers
11-07 09:35 PM
Hey Guys,
I first entered US on F1 and finished my Master's. I have Master's degree from a US University. I only enrolled in this school because I could not defend my thesis in time to apply for graduation so I have to extend it a semester and before visa nos. get over I applied for H1 under regular quota. Hope this help you more to assess my situation. Please share your opinions. I already have a forum on murthy since last two days but I do not see any responses...
Regards...
I first entered US on F1 and finished my Master's. I have Master's degree from a US University. I only enrolled in this school because I could not defend my thesis in time to apply for graduation so I have to extend it a semester and before visa nos. get over I applied for H1 under regular quota. Hope this help you more to assess my situation. Please share your opinions. I already have a forum on murthy since last two days but I do not see any responses...
Regards...
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m306m
04-15 02:27 PM
Congrats. Enjoy your GC. Do pray for us and continue to support our efforts.
I have been with the same employer for over 8 years. I am sure it will be 9 years before I get my GC. I am very happy with my employer and want to continue with them after I get my GC.
I have been with the same employer for over 8 years. I am sure it will be 9 years before I get my GC. I am very happy with my employer and want to continue with them after I get my GC.
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gxtrader
10-10 03:50 PM
I got my GC on 09/18/07. Now my consulting company (how sponsored my GC) is having issues with the client and client is thinking to terminate the contract.
Client want to bring me to there pay roll. In other words they are offering my permanent position.
My consulting company does not have immediate opening for me.
It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.
Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.
Reminds me of the story about a mighty elephant who's been tied w/ a thin chain since t'was a baby. It just stopped trying to escape coz it's been conditioned that effort is futile though it can easily snap the chain. Run my friend...you're a CHEETAH now!!! :) Kudos!
Client want to bring me to there pay roll. In other words they are offering my permanent position.
My consulting company does not have immediate opening for me.
It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.
Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.
Reminds me of the story about a mighty elephant who's been tied w/ a thin chain since t'was a baby. It just stopped trying to escape coz it's been conditioned that effort is futile though it can easily snap the chain. Run my friend...you're a CHEETAH now!!! :) Kudos!
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diptam
08-13 11:28 AM
What makes you think in this Direction ?
looks like they will make us wait till 17th and accept/reject case from July 2nd...and most of the rejected cases might not be eligible to refile :mad:...this is my guess!
looks like they will make us wait till 17th and accept/reject case from July 2nd...and most of the rejected cases might not be eligible to refile :mad:...this is my guess!
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robert5156
07-27 01:42 PM
yagw,
Regarding your comment
>>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?
Regarding your comment
>>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?
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Quadrucle
09-22 02:11 PM
Hi All,
Im planning to port my EB3 to EB2 and need your help.
My EB3 PD is Nov 2007. I have my I-140 approved too. This all was sponsored by my empoloyer. I have over 8 years of experience and I have Masters degree in Computers. Now my questions are:
1. How do I start my EB2 process? (if this is possible)
2. What do my employer needs to do to help me on this?
The reason why they did EB3 was because my designation didnt require a Masters. Do they have to promote me or create a new designation to do this? My company almost stopped sponsoring EB's an year back.
3. What will happen to my EB3 process if I am starting EB2.
4. How expensive will be the whole process? I guess I will have to take the expense for Labor and I-140 from my pocket.
Thanks in advance.
Im planning to port my EB3 to EB2 and need your help.
My EB3 PD is Nov 2007. I have my I-140 approved too. This all was sponsored by my empoloyer. I have over 8 years of experience and I have Masters degree in Computers. Now my questions are:
1. How do I start my EB2 process? (if this is possible)
2. What do my employer needs to do to help me on this?
The reason why they did EB3 was because my designation didnt require a Masters. Do they have to promote me or create a new designation to do this? My company almost stopped sponsoring EB's an year back.
3. What will happen to my EB3 process if I am starting EB2.
4. How expensive will be the whole process? I guess I will have to take the expense for Labor and I-140 from my pocket.
Thanks in advance.
Pauline
01-14 06:04 PM
I will be there...
surabhi
05-21 09:29 AM
(a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
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