advad
07-16 01:49 AM
Hi there,
Here is my situation, any help to resolve this is appreciated.
- My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
- My I-485 was approved in July 2007, my wife's was pending due to NC.
- My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
- We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.
They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.
Thanks for your help.
[COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.
Thanks for your response.My attorney sent a letter explaining the situation along with relevant documents.How long does it take to get updated?.It's been 3 week s and i still don't see any updates to the case.
How can i get your contact info?.
Thanks
Here is my situation, any help to resolve this is appreciated.
- My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
- My I-485 was approved in July 2007, my wife's was pending due to NC.
- My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
- We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.
They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.
Thanks for your help.
[COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.
Thanks for your response.My attorney sent a letter explaining the situation along with relevant documents.How long does it take to get updated?.It's been 3 week s and i still don't see any updates to the case.
How can i get your contact info?.
Thanks
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Caliber
09-04 02:08 PM
So next time of election, take vacation and go home, do campaigning, spend money and vote out the govt. you dislike, if you are real serious.
Thanks for your advice indeed. I can not go and vote. If I go, they will kill me. They killed several hundred people just because they did not agree to sell their lands at 1/100 of a price.
Please do not compare Kerala with Andhra. Today's AP is nothing but earlier Bihar. YSR and gang have terrorised the whole state, govt and judiciary.
Thanks for your advice indeed. I can not go and vote. If I go, they will kill me. They killed several hundred people just because they did not agree to sell their lands at 1/100 of a price.
Please do not compare Kerala with Andhra. Today's AP is nothing but earlier Bihar. YSR and gang have terrorised the whole state, govt and judiciary.
paskal
02-14 02:48 PM
chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?
but actually an administrative fix is a very real possibility. the administration is currently willing and friendly to this kind of action. we need to draw their attention to the urgency of the matter and the need to act quickly. a lawsuit, if it were to happen is many years away. anyway USCIS cannot recapture any GC on it's own, so it will have to wait for a final verdict and order to do anything..assuming success.
therefore i would strongly suggest promoting the admin fixes campaign at this time, we do not want to lose this opportunity. this is not an either/or situation. writing letters does not take away from any other ideas etc.
a failure would not bode well in general when it is because of lack of participation. i want to hasten to add that letters have reached in the thousands now- but we need more, many more. please keep up the efforts, and thanks to the many that are working on this now...!
also as i said earlier- someone needs to stand up publicly and be a leader. and one leader is not enough. needs a team. that team must be willing to disclose identity etc publicly, if they are to collect money. in any case a lawsuit is very public and anonymity is not an option. these are the very basis of starting such a project. no one has yet responded to this affirmatively. a lot of yes votes do not mean anything. someone(s) needs to be willing to stick their necks out with time, money, effort and a very public profile.
just my 2c.
but actually an administrative fix is a very real possibility. the administration is currently willing and friendly to this kind of action. we need to draw their attention to the urgency of the matter and the need to act quickly. a lawsuit, if it were to happen is many years away. anyway USCIS cannot recapture any GC on it's own, so it will have to wait for a final verdict and order to do anything..assuming success.
therefore i would strongly suggest promoting the admin fixes campaign at this time, we do not want to lose this opportunity. this is not an either/or situation. writing letters does not take away from any other ideas etc.
a failure would not bode well in general when it is because of lack of participation. i want to hasten to add that letters have reached in the thousands now- but we need more, many more. please keep up the efforts, and thanks to the many that are working on this now...!
also as i said earlier- someone needs to stand up publicly and be a leader. and one leader is not enough. needs a team. that team must be willing to disclose identity etc publicly, if they are to collect money. in any case a lawsuit is very public and anonymity is not an option. these are the very basis of starting such a project. no one has yet responded to this affirmatively. a lot of yes votes do not mean anything. someone(s) needs to be willing to stick their necks out with time, money, effort and a very public profile.
just my 2c.
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_TrueFacts
09-04 01:53 PM
"_TrueFacts". You are entitled to your opinion and I'm entitled to mine.
.
breddy2000,
you are crying like a 2 year old. As i have said numerous times. It will not matter on a public forum..any one can create an id.
As far as Mr.vadicherla doing a personal comment. First say if you support that or not. Tell him to apologize.
.
breddy2000,
you are crying like a 2 year old. As i have said numerous times. It will not matter on a public forum..any one can create an id.
As far as Mr.vadicherla doing a personal comment. First say if you support that or not. Tell him to apologize.
more...
darslee
07-03 10:24 PM
I don't know about it. Anyone with details should post summary.
I think it is not relevent for EAD/AP but we can use it when we need it
Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to ajudicate the I485.
I have that very situation. My son turn 21 in mid-January 2008. The original July brought great relief from years of worrying about whether our PD would become "current" in time. We scrambled to get ready to file 2nd July, only to have everything collapse around us again. :(
Hope the info clarifies the "age out" situation!
I think it is not relevent for EAD/AP but we can use it when we need it
Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to ajudicate the I485.
I have that very situation. My son turn 21 in mid-January 2008. The original July brought great relief from years of worrying about whether our PD would become "current" in time. We scrambled to get ready to file 2nd July, only to have everything collapse around us again. :(
Hope the info clarifies the "age out" situation!
Lasantha
10-17 10:12 AM
Hello everyone,
Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.
Thanks
alexander
Not true. She must be included in the application. US citizens can enter Canada without a visa as a visitor. But to become a PR and live and work up there they need the landed immigrant status (PR) just like everybody else.
And by the way, here is a great forum exclusively for Canadian immigration matters. http://britishexpats.com/forum/forumdisplay.php?f=33
You guys will get better help in that forum because this one (ImmigrationVoice) is primarily a US immigration forum.
Lasantha
Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.
Thanks
alexander
Not true. She must be included in the application. US citizens can enter Canada without a visa as a visitor. But to become a PR and live and work up there they need the landed immigrant status (PR) just like everybody else.
And by the way, here is a great forum exclusively for Canadian immigration matters. http://britishexpats.com/forum/forumdisplay.php?f=33
You guys will get better help in that forum because this one (ImmigrationVoice) is primarily a US immigration forum.
Lasantha
more...
sidbee
06-01 03:03 PM
what lawsuit :confused:
whom are we going to sue? USCIS for following what the congress has laid out....
i guess what you mean maybe is sue the congress.....:D
Buddy , people do win lawsuits , against the governments.
I am not saying sue them , and get greencards .
Lawsuit, may be possible againstcountry quota.
Lawsuit, may be possible to recapture the wasted immigrant visas. The Law states the limit , for a year. It doesnt say that it expires on the last day of the year.If USCIS couldnt use that in a year , it should use it the next year.
Paying medicare/ss taxes, and not getting them, is also wrong, These are not Income Taxes, we are paying for some services, which we would never get.(Just like unemployment insurance)
whom are we going to sue? USCIS for following what the congress has laid out....
i guess what you mean maybe is sue the congress.....:D
Buddy , people do win lawsuits , against the governments.
I am not saying sue them , and get greencards .
Lawsuit, may be possible againstcountry quota.
Lawsuit, may be possible to recapture the wasted immigrant visas. The Law states the limit , for a year. It doesnt say that it expires on the last day of the year.If USCIS couldnt use that in a year , it should use it the next year.
Paying medicare/ss taxes, and not getting them, is also wrong, These are not Income Taxes, we are paying for some services, which we would never get.(Just like unemployment insurance)
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amitga
02-13 10:28 AM
I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.
There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.
There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.
more...
smuggymba
07-27 01:01 PM
"..veracity of this statement"
Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.
I don't have time to spend on quixstar professionals or their business. I don't give a rats arse if quixstar is legal or illegal on H1B.
I just repeated a comment that someone else made. If you know it's legal, that's all that matters. Good luck.
Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.
I don't have time to spend on quixstar professionals or their business. I don't give a rats arse if quixstar is legal or illegal on H1B.
I just repeated a comment that someone else made. If you know it's legal, that's all that matters. Good luck.
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pappu
07-02 06:07 PM
We are starting a media drive from tomorrow on visa bulletin.
Before we post all the details and how to's
we need help from members to:
- post some email templates specific to this visa bulletin and our cause. Mention IV name several times in the template so that the reporter can contact us.
- Someone please collect a list of the reporters from pervious media drives , make a file and post it here.
Let us get this background work done tonight and from tomorrow morning we will start this drive with a bang.
=======================
media list
http://www.mydatabus.com/myFiles.php?pt=createLink&fn=Media.xls
members can post other email addresses on the thread so that everyone can write emails
Before we post all the details and how to's
we need help from members to:
- post some email templates specific to this visa bulletin and our cause. Mention IV name several times in the template so that the reporter can contact us.
- Someone please collect a list of the reporters from pervious media drives , make a file and post it here.
Let us get this background work done tonight and from tomorrow morning we will start this drive with a bang.
=======================
media list
http://www.mydatabus.com/myFiles.php?pt=createLink&fn=Media.xls
members can post other email addresses on the thread so that everyone can write emails
more...
retropain
08-03 03:35 PM
don't even think about it. It is grossly unfair to people whove been waiting in line for years.
I don't mind substituion per se as long as people get new priority dates.
IV- we should have a poll on whether labor substitution is fair.
I don't mind substituion per se as long as people get new priority dates.
IV- we should have a poll on whether labor substitution is fair.
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BharatPremi
12-13 04:27 PM
we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?
more...
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kurtz_wolfgang
08-17 10:08 AM
simply racial profiling.
i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".
When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?
To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.
In the end its the color.. do you know beta.
for the record.i am no SRK fan.
Mamooty.. who is he?
Read this before you pass comments. Even Al Gore (VP) and Ted Kennedy have been detained on US Airports. Who the hell is SRK? and just because he is an actor and looks all goody goody, you have all the sympathy. Would you have it for Mulayam/Lalu, if they had gone through the same ordeal?? No, then you would have laughed and said they ought to be. Would you be protesting the same way if Musharraf was being frisked? you wouldn't.
So in the end you are one biased person. You cannot take a justful decision, your decision is based on who is it for. :rolleyes:
Would Khan have fared better as Kennedy? - US - World - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/world/us/Would-Khan-have-fared-better-as-Kennedy/articleshow/4899589.cms)
i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".
When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?
To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.
In the end its the color.. do you know beta.
for the record.i am no SRK fan.
Mamooty.. who is he?
Read this before you pass comments. Even Al Gore (VP) and Ted Kennedy have been detained on US Airports. Who the hell is SRK? and just because he is an actor and looks all goody goody, you have all the sympathy. Would you have it for Mulayam/Lalu, if they had gone through the same ordeal?? No, then you would have laughed and said they ought to be. Would you be protesting the same way if Musharraf was being frisked? you wouldn't.
So in the end you are one biased person. You cannot take a justful decision, your decision is based on who is it for. :rolleyes:
Would Khan have fared better as Kennedy? - US - World - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/world/us/Would-Khan-have-fared-better-as-Kennedy/articleshow/4899589.cms)
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ivar
08-15 03:47 AM
-- Deleted --
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Dakota Newfie
12-14 04:06 PM
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
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jackrabbit
03-26 06:45 PM
No, waiting for OMB clearance.
And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?
And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?
more...
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soljabhai
12-14 09:28 AM
It is not the case that a law cannot be challenged. All the authority of the various government branches (legislative, judicial and executive) is derived from the powers created in the constitution. So even if congress creates a law and president signs it, it can still be challenged if it is found to be contradicting with the constitution from which the government branches derive their authority.
If that was not the case then "Separate would still have been equal" and we would have still been living in a divided society with whites having different schools, hotels and theaters than everyone else. The Supreme Court ruled that "Separate cannot be equal" and all the laws for separating the different ethnicities immediately became unconstitutional and hence invalid.
The question is not that whether any law can be challenged but whether this rule regarding per country ceilings can be. Only a constitutional expert can answer that question.
If that was not the case then "Separate would still have been equal" and we would have still been living in a divided society with whites having different schools, hotels and theaters than everyone else. The Supreme Court ruled that "Separate cannot be equal" and all the laws for separating the different ethnicities immediately became unconstitutional and hence invalid.
The question is not that whether any law can be challenged but whether this rule regarding per country ceilings can be. Only a constitutional expert can answer that question.
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bostonian28
06-01 09:00 PM
Somehow we need to include citizenship in the mix, i.e. citizenship for some one who contributed Social security and medicare for 10 years, only than would politicians be interested because these numbers could potential convert into votes. That is what politicians all over the world care about.
Basically message is, this is a reasonably big chunk of your vote bank, you can support them and gain their loyalty.
Basically message is, this is a reasonably big chunk of your vote bank, you can support them and gain their loyalty.
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poorslumdog
09-04 12:38 PM
I'm not a free loader like you....Have contributed and still want to contribute...Its just that I cancelled my CC(the source of funds) that I need to reactivate.
Dont tell me your crap stroy. First do it and then we can talk.
Dont tell me your crap stroy. First do it and then we can talk.
thomachan72
08-19 08:19 AM
I'm not from India, so you know how non-Indian will look at this issue.
First of all, thanks to IV for helping our cause.
Same as vinzen, that I usually just browse through this kinda topic, but I can't help to reply.
Have several question:
1. How many non-Indian in USA that watch bollywood movie? So, what makes him a high profile in the eyes of Immigration officer (IO)? Do we need to educate all IO to recoqnize all the actors in India, Pakistan, China, Japan, Korea and all others?
I personally never heard of this SRK guy before reading this thread. So how would you guys expect the immigration officer, who's mostlikely non-Indian, would know this guy? I agree with Pappu that says "He is a famous actor to a very very small minority Indian Community in USA".
2. Looking at how he make big deal of this in media. He probably cause this delay by himself. I can imagine the conversation at the immigration office as (copying all the answer from Ryan's earlier comment on what he's asked for when he came here):
IO: Why are you visiting US?
SRK: Do you know that I'm SRK?
IO: Who do you work for?
SRK: I'm SRK, now let me pass.
IO: Where will you live in US?
SRK: I'm SRK
IO: How long have you been in US?
SRK: I'm SRK
IO: Do you have family here?
SRK: I'm SRK
And it goes on and on for 66 mins or 2 hrs until he finally realize that he's a nobody in US.
This is the kinda thread that non-Indian will laugh at. There's lots of non-Indian that goes to this public forum (such as me). Just trying to help IV to not lose credential just because of this sorts of "indian" exclusive thread.
My friend this is the greatest post ever. A real eye opener. But remember that it is through threads like these that you get to see the "real" Indian ideals. I am very sad to say that most of us Indians are screwed up with this idol worship. The conversation between SRK and IO that you put out is exactly true. I know a friend of mine who was waiting in line for the visa interview and ofcourse he is a megalomaniac (world revolves around him). He saw (or imagined) the visa officer talking tough to a women who apparently did not understand english right in front of him and decided he has to be the mesiah (savior). He jumped in and tried to save the women. Ultimately he was denied the visa and ofcourse he later met the women outside who was smiling because she had been granted one. that is why your conversation makes very good sense here. "I am SRK":D:D:D
First of all, thanks to IV for helping our cause.
Same as vinzen, that I usually just browse through this kinda topic, but I can't help to reply.
Have several question:
1. How many non-Indian in USA that watch bollywood movie? So, what makes him a high profile in the eyes of Immigration officer (IO)? Do we need to educate all IO to recoqnize all the actors in India, Pakistan, China, Japan, Korea and all others?
I personally never heard of this SRK guy before reading this thread. So how would you guys expect the immigration officer, who's mostlikely non-Indian, would know this guy? I agree with Pappu that says "He is a famous actor to a very very small minority Indian Community in USA".
2. Looking at how he make big deal of this in media. He probably cause this delay by himself. I can imagine the conversation at the immigration office as (copying all the answer from Ryan's earlier comment on what he's asked for when he came here):
IO: Why are you visiting US?
SRK: Do you know that I'm SRK?
IO: Who do you work for?
SRK: I'm SRK, now let me pass.
IO: Where will you live in US?
SRK: I'm SRK
IO: How long have you been in US?
SRK: I'm SRK
IO: Do you have family here?
SRK: I'm SRK
And it goes on and on for 66 mins or 2 hrs until he finally realize that he's a nobody in US.
This is the kinda thread that non-Indian will laugh at. There's lots of non-Indian that goes to this public forum (such as me). Just trying to help IV to not lose credential just because of this sorts of "indian" exclusive thread.
My friend this is the greatest post ever. A real eye opener. But remember that it is through threads like these that you get to see the "real" Indian ideals. I am very sad to say that most of us Indians are screwed up with this idol worship. The conversation between SRK and IO that you put out is exactly true. I know a friend of mine who was waiting in line for the visa interview and ofcourse he is a megalomaniac (world revolves around him). He saw (or imagined) the visa officer talking tough to a women who apparently did not understand english right in front of him and decided he has to be the mesiah (savior). He jumped in and tried to save the women. Ultimately he was denied the visa and ofcourse he later met the women outside who was smiling because she had been granted one. that is why your conversation makes very good sense here. "I am SRK":D:D:D
sanjay
10-15 03:50 PM
proengineer why did you create a new profile to post this?
Why are you marketing a lawyer?
Atleast he had something to tell. He might had spent atleast half an hour or more to get these numbers.
And I think that who ever is on IV for sometime knows about Ron, Gerg, murty and OH . So what's the big deal ?
Why are you marketing a lawyer?
Atleast he had something to tell. He might had spent atleast half an hour or more to get these numbers.
And I think that who ever is on IV for sometime knows about Ron, Gerg, murty and OH . So what's the big deal ?
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