pappu
12-26 11:07 PM
Thank you go_gc_way, for this effort. Hundreds of members may have seen your thread but nobody could spend 15 minutes on this simple effort. I hope by tomorrow you will have good company.
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yabadaba
01-18 03:35 PM
http://www.nelp.org/docUploads/Fact%20sheet%20formatted%2Epdf
This will help you understand the law...you didnt have to answer the police officer.
This will help you understand the law...you didnt have to answer the police officer.
eb3_nepa
02-13 01:01 PM
Logicliffe i agree with you.
I think the Aim of IV should be to make the ENTIRE process of the GC quick and painless and abt 2.5 to 3 years start to finish.
Guys we have to fight the root cause and not the individual symptoms. United we stand. The problem is Backlogs at various stages. We should strive for removing the root cause of backlogs. A united voice which says, "Give us our Green Cards in abt 3 years". If we fight for each individual thing, we will be like many small streams each figthing for it's own little cause. So far we have seen the following SUB issues:
1) Spouses not being able to work
2) Children aging out
3) FBI/Name check clearance.
Now if we each start fighting for the specific cause, the movement will be scattered. Instead what we are trying to do is focuss on eliminating ALL problems.
Guys i ask everyone on here to step forward and Signup for the Rally we are trying to hold In DC. We need stronger numbers on that rally if we are to be successful.
I think the Aim of IV should be to make the ENTIRE process of the GC quick and painless and abt 2.5 to 3 years start to finish.
Guys we have to fight the root cause and not the individual symptoms. United we stand. The problem is Backlogs at various stages. We should strive for removing the root cause of backlogs. A united voice which says, "Give us our Green Cards in abt 3 years". If we fight for each individual thing, we will be like many small streams each figthing for it's own little cause. So far we have seen the following SUB issues:
1) Spouses not being able to work
2) Children aging out
3) FBI/Name check clearance.
Now if we each start fighting for the specific cause, the movement will be scattered. Instead what we are trying to do is focuss on eliminating ALL problems.
Guys i ask everyone on here to step forward and Signup for the Rally we are trying to hold In DC. We need stronger numbers on that rally if we are to be successful.
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vijayassr
08-05 08:53 PM
Hi, Looks like you have a propabilities now.
1) If your H1 gets approved first before OCT'01st and your L1 does not approve, you should change to company B (who applied H1), if B applied your H1 with CHANGE OF STATUS (you will see new I-94 issued along with approval).
Good thing u can stay in country and work for B.
2) IF your H1 & L1 gets approved one after other in sequence, means first H1 then L1 then I think you are safe to work with company A without leaving country, Murthy.com says its the sequence that matters.
Check with Murthy.com attornies as well, but other Attorneys does not agree with them.It will be only problem when you apply GC, and not in mean while.
3)IF its L1 then H1,and if you want to work with company A, then you need to go out of country and get L1 stamped. Your H1 will remain avilable unless company B cancells it.
4) If your L1 gets approved and H1 gets problem(rejected I dont want this but if happens) then any how u can work for company A.
Hope the above things help.
Thanks
Vijay
1) If your H1 gets approved first before OCT'01st and your L1 does not approve, you should change to company B (who applied H1), if B applied your H1 with CHANGE OF STATUS (you will see new I-94 issued along with approval).
Good thing u can stay in country and work for B.
2) IF your H1 & L1 gets approved one after other in sequence, means first H1 then L1 then I think you are safe to work with company A without leaving country, Murthy.com says its the sequence that matters.
Check with Murthy.com attornies as well, but other Attorneys does not agree with them.It will be only problem when you apply GC, and not in mean while.
3)IF its L1 then H1,and if you want to work with company A, then you need to go out of country and get L1 stamped. Your H1 will remain avilable unless company B cancells it.
4) If your L1 gets approved and H1 gets problem(rejected I dont want this but if happens) then any how u can work for company A.
Hope the above things help.
Thanks
Vijay
more...
vagish
04-04 04:25 PM
04/04/2007: Senator Durbin and Senator Grassley Introduced H-1B and L-1 Visa Fraud and Abuse Prevention Act of 2007
* We reported earlier that these Senators were considering introduction of this foreign worker restriction bill in the Senate. Here we go. This bill was introduced in the Senate late last week. As seen in the summary of Senator Durbin, this bill proposes to apply to all the employers the restrictive portion of the current H-1B rule that applies only to the H-1B dependent employers. Together with the USCIS announcement of FY 2008 H-1B cap exhaution in one day, this legislative bill casts a dark shadow over the foreign worker immigration system. In a way, it is a frontal assault on the immigration of foreign professional workers. Please stay tuned to this web site for our summary of this nightmarish bill. Admittedly, the event in the last two days suggests that there is a room for potential abuse of the H-1B visa system under the current law and some level of change should be considered in one way or another. However, Senator's bill may not be a right way to correct the problems in the current system.
Even immigration-law.com admits there is a potential fraud going on ,read the last few lines.
thanks
* We reported earlier that these Senators were considering introduction of this foreign worker restriction bill in the Senate. Here we go. This bill was introduced in the Senate late last week. As seen in the summary of Senator Durbin, this bill proposes to apply to all the employers the restrictive portion of the current H-1B rule that applies only to the H-1B dependent employers. Together with the USCIS announcement of FY 2008 H-1B cap exhaution in one day, this legislative bill casts a dark shadow over the foreign worker immigration system. In a way, it is a frontal assault on the immigration of foreign professional workers. Please stay tuned to this web site for our summary of this nightmarish bill. Admittedly, the event in the last two days suggests that there is a room for potential abuse of the H-1B visa system under the current law and some level of change should be considered in one way or another. However, Senator's bill may not be a right way to correct the problems in the current system.
Even immigration-law.com admits there is a potential fraud going on ,read the last few lines.
thanks
lazycis
12-21 10:03 PM
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
more...
Buran
02-15 02:40 PM
How is ROW getting screwed?. Look at the situation as individuals applying irrespective of country of birth. Last Year, there were 120,000(approx) applicants and only 60,000(approx) H1-b1 visas. NOW: It just happens that a lot or 60%were natives of one country. But that does not mean anything... There could be more ROW applicants who could apply, no body is stopping them. There are just not enough ROW applicants that employers can find.
Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.
70 percent of H-1B are used by Indian consulting companies. Where do you think they hire their workers?
Countries like India, China, Poland, UK, Russia, Canada, and others are not allowed to participate in the DV lottery because they send more then 50,000 immigrants to the US every year.
I don\'t think it\'s fare to allow natives of one country to consume more then a half of the world\'s quota. The Congress has the same view on this problem :)
Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.
70 percent of H-1B are used by Indian consulting companies. Where do you think they hire their workers?
Countries like India, China, Poland, UK, Russia, Canada, and others are not allowed to participate in the DV lottery because they send more then 50,000 immigrants to the US every year.
I don\'t think it\'s fare to allow natives of one country to consume more then a half of the world\'s quota. The Congress has the same view on this problem :)
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3d Nirvana
03-13 11:04 PM
woa.... didn't some votes disapear?! I could have sworn grinch had 6 votes..
more...
Winner
06-11 08:02 AM
PLEASE PLEASE PLEASE SEND THE MESSAGE. WE WILL ALSO START WITH THE PHONE CAMPAIGN IN THE MORNING.
Reason being, the other side is writing letters to other Senators to seek their support. They want to see this amendment pass. Here is the letter.
************************************************** ***************
COMPANIES LAYING-OFF THOUSANDS OF AMERICAN WORKERS DON�T NEED GUEST WORKERS
Please Support the Sanders-Grassley Employ America Amendment to the Tax Extenders bill
Dear Colleague:
Since the recession started in December of 2007, nearly 8 million Americans have lost their jobs and the unemployment rate has nearly doubled. In total, 15 million Americans are officially unemployed, another 8.8 million Americans are working part-time only because they cannot find a full-time job, and more than one million workers have given up looking for work altogether.
With the unemployment rate still unacceptably high and millions of people looking for a job, we have a responsibility to ensure that companies do not use temporary visa programs to replace American workers with cheaper labor from overseas.
Therefore, during the consideration of the American Jobs and Closing Tax Loopholes Act, we will be offering an amendment that would prohibit companies which have announced mass lay-offs over the past year from hiring guest workers, unless they can prove that their overall employment will not be reduced as a result of these lay-offs.
At a time when millions of Americans are out of work, the notion that we need to import labor from abroad because there are not enough qualified, willing or able American workers in this country rings hollow.
Recently, some of the very companies that have hired tens of thousands of guest-workers from overseas have announced large scale lay-offs of American workers. The high-tech industry, a major employer of H-1B guest workers, has announced over 330,000 job cuts since 2008. The construction industry, a major employer of H-2B guest-workers, has laid-off 1.9 million workers since December of 2007.
The American Recovery and Reinvestment Plan, signed into law last February, included a provision to prevent companies receiving assistance through the Troubled Asset Relief Program from replacing laid-off American workers with guest-workers from overseas.
The Employ America Act expands upon this provision to prevent any company engaged in a mass lay-off of American workers from importing cheaper labor from abroad through temporary guest-worker programs. Those companies that are truly facing labor shortages would not be impacted by this legislation and could continue to obtain employer-sponsored visas. Only companies that are laying-off a large number of Americans would be barred from importing foreign workers through guest worker programs.
If you would like to co-sponsor this amendment, please have your staff contact Warren Gunnels in Sen. Sanders� office at 8-6358 or Kathy Nuebel Kovarik in Sen. Grassley's office at 4-3744.
Sincerely,
____________________ ____________________
BERNARD SANDERS CHARLES E. GRASSLEY
UNITED STATES SENATOR UNITED STATES SENATOR
************************************************** ***************
This underscores the urgency. Please act on the action item NOW.
Reason being, the other side is writing letters to other Senators to seek their support. They want to see this amendment pass. Here is the letter.
************************************************** ***************
COMPANIES LAYING-OFF THOUSANDS OF AMERICAN WORKERS DON�T NEED GUEST WORKERS
Please Support the Sanders-Grassley Employ America Amendment to the Tax Extenders bill
Dear Colleague:
Since the recession started in December of 2007, nearly 8 million Americans have lost their jobs and the unemployment rate has nearly doubled. In total, 15 million Americans are officially unemployed, another 8.8 million Americans are working part-time only because they cannot find a full-time job, and more than one million workers have given up looking for work altogether.
With the unemployment rate still unacceptably high and millions of people looking for a job, we have a responsibility to ensure that companies do not use temporary visa programs to replace American workers with cheaper labor from overseas.
Therefore, during the consideration of the American Jobs and Closing Tax Loopholes Act, we will be offering an amendment that would prohibit companies which have announced mass lay-offs over the past year from hiring guest workers, unless they can prove that their overall employment will not be reduced as a result of these lay-offs.
At a time when millions of Americans are out of work, the notion that we need to import labor from abroad because there are not enough qualified, willing or able American workers in this country rings hollow.
Recently, some of the very companies that have hired tens of thousands of guest-workers from overseas have announced large scale lay-offs of American workers. The high-tech industry, a major employer of H-1B guest workers, has announced over 330,000 job cuts since 2008. The construction industry, a major employer of H-2B guest-workers, has laid-off 1.9 million workers since December of 2007.
The American Recovery and Reinvestment Plan, signed into law last February, included a provision to prevent companies receiving assistance through the Troubled Asset Relief Program from replacing laid-off American workers with guest-workers from overseas.
The Employ America Act expands upon this provision to prevent any company engaged in a mass lay-off of American workers from importing cheaper labor from abroad through temporary guest-worker programs. Those companies that are truly facing labor shortages would not be impacted by this legislation and could continue to obtain employer-sponsored visas. Only companies that are laying-off a large number of Americans would be barred from importing foreign workers through guest worker programs.
If you would like to co-sponsor this amendment, please have your staff contact Warren Gunnels in Sen. Sanders� office at 8-6358 or Kathy Nuebel Kovarik in Sen. Grassley's office at 4-3744.
Sincerely,
____________________ ____________________
BERNARD SANDERS CHARLES E. GRASSLEY
UNITED STATES SENATOR UNITED STATES SENATOR
************************************************** ***************
This underscores the urgency. Please act on the action item NOW.
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brb2
12-28 03:43 PM
http://www.delta.com/planning_reservations/plan_flight/international_travel_information/visa_passport_information/index.jsp
Visa requirements are based on country of passport holder in most cases.
Visa requirements are based on country of passport holder in most cases.
more...
pappu
01-18 01:18 PM
we need some more members to keep this effort stay ignited. This effort has helped us get several hundred members in the past few weeks. Pls continue to help. It will only take 15 min of your time.
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gk_2000
06-10 04:20 PM
Done..
more...
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Pineapple
07-28 12:04 PM
In the media, there is a term called the "silly season", where all kinds of "news" crop up to make up for lack of any really interesting or important news during the summer time.
(See http://en.wikipedia.org/wiki/Silly_season )
It seems IV has its own silly season, when nothing else is going on - notice the one-a-day threads on "I-got-a-red-dot", "i-am-depressed" etc. This thread is one more on the list.. take it easy.. :)
(See http://en.wikipedia.org/wiki/Silly_season )
It seems IV has its own silly season, when nothing else is going on - notice the one-a-day threads on "I-got-a-red-dot", "i-am-depressed" etc. This thread is one more on the list.. take it easy.. :)
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snathan
04-06 08:23 PM
right..ok..today at work I heard from my colleague that his friend was sent back from airport
My colleague's friend's story.
Went to india for 3 weeks vacation..at POE, officer called his employer and asked "do you need him(a H1B) to work for this position? Cant you find any US Citizen?".
Apparently, the response from employer ( I think Desi consulting)is, "Yes..we dont need him..can find a USC"..
The poor guy is sent back.
Now, I asked my friend to inform his colleague to come forward and post his story at IV..but I doubt if he cares Rat's as** now that he is kicked out.
hmmm...I have a travel coming up in Nov/Dec...with all adventurous luck going on with me, I have other plans now :confused::confused:
hmmm...strange. I heard the same story from my colleague. He said his brother was in airport and one guy who returned from India after vocation asked why he needs the H1B. The IO called his employer/client and asked if he can be replaced by USC/GC holder. The employer responded Yes...So he was sent back...
Is it just coincident or new kind of rumor...I was thinking it might be possible. Afte reading your post...its confirmed. Its rumor.
My colleague's friend's story.
Went to india for 3 weeks vacation..at POE, officer called his employer and asked "do you need him(a H1B) to work for this position? Cant you find any US Citizen?".
Apparently, the response from employer ( I think Desi consulting)is, "Yes..we dont need him..can find a USC"..
The poor guy is sent back.
Now, I asked my friend to inform his colleague to come forward and post his story at IV..but I doubt if he cares Rat's as** now that he is kicked out.
hmmm...I have a travel coming up in Nov/Dec...with all adventurous luck going on with me, I have other plans now :confused::confused:
hmmm...strange. I heard the same story from my colleague. He said his brother was in airport and one guy who returned from India after vocation asked why he needs the H1B. The IO called his employer/client and asked if he can be replaced by USC/GC holder. The employer responded Yes...So he was sent back...
Is it just coincident or new kind of rumor...I was thinking it might be possible. Afte reading your post...its confirmed. Its rumor.
more...
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sri1309
03-30 03:09 PM
Number USA is ready to kill our bill. If we introduce at time nothing is going to happen . Even it may kill CIR and that is what Anti wants.. This guy is encouraging people to push for recapture which will die soon. Why he didnot update profile. Even if he is good member he should pledge 25 $.
Did you read undocumented guys are trying to push their cause and by putting legals aside, which the goverment seems to be hearing. What makes you feel we must wait.. Just because you cannot contribute anything except for yourself. .People waiting for close to 10 years are usually in a position to create value and they are tied to this backlogs. We know EB2 is going at some pace.. How much time do you think is needed for EB2 to be in bin, into the same state as EB3 is in, right now.
Did you read undocumented guys are trying to push their cause and by putting legals aside, which the goverment seems to be hearing. What makes you feel we must wait.. Just because you cannot contribute anything except for yourself. .People waiting for close to 10 years are usually in a position to create value and they are tied to this backlogs. We know EB2 is going at some pace.. How much time do you think is needed for EB2 to be in bin, into the same state as EB3 is in, right now.
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rpulipati
09-26 10:51 AM
FSB debate is on H1-B raise and NOT on PR visas. So, I dont see reason to participation in debate. Thanks for the info though.
This is actually an article by FSB (Forture Small Business) and they have a debate section. Just wanted to make everyone aware. Thanks.
http://money.cnn.com/magazines/fsb/
This is actually an article by FSB (Forture Small Business) and they have a debate section. Just wanted to make everyone aware. Thanks.
http://money.cnn.com/magazines/fsb/
more...
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go_guy123
05-26 07:38 PM
I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
"I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..
I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
Well I am gonna get more reds.. but I dun care.
psaxena....you are the man....or woman (i dont know). every line is true.
Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
"I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..
I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
Well I am gonna get more reds.. but I dun care.
psaxena....you are the man....or woman (i dont know). every line is true.
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admin
03-20 06:38 PM
Hi,
Any new development on FBI name check process? How can one address this issue?
We're definitely pursuing this problem also through our lobbyist, but for now given the drastic changes in the Comprehensive Immigration Bills, all the effort is going into that. Once that cools down a bit, we will concentrate on the procedural issues like FBI name check as we do realize that a large number of us are likely to get stuck there.
Any new development on FBI name check process? How can one address this issue?
We're definitely pursuing this problem also through our lobbyist, but for now given the drastic changes in the Comprehensive Immigration Bills, all the effort is going into that. Once that cools down a bit, we will concentrate on the procedural issues like FBI name check as we do realize that a large number of us are likely to get stuck there.
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grinch
03-13 10:38 PM
man we were blown out of the competition...
mpadapa
07-01 04:31 PM
Online petition is a great idea. But what will it accomplish?? Ultimately all those questions have to addressed in the form of a bill and that needs to be passed in the Congress. Is it a coincidence, we already have a bill HR5921 addressing those questions raised by OP All we need to do is channel our energy to make this bill along with the other Rep. Lofgren bills a success.
IV is already raising all those questions mentioned in the petition with the lawmakers. So what is new in this petition?
IV is already raising all those questions mentioned in the petition with the lawmakers. So what is new in this petition?
kumar1
12-10 03:24 PM
Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.
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