arsh007
01-30 03:49 PM
1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
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varshadas
12-19 09:26 AM
Conference Details
Date: Wednesday, December 20, 2006
Start Time: 9:00 PM Eastern Std Time
End Time: 10:55 PM Eastern Std Time
Participants: 25
Type of Conference Web-Scheduled Standard
Dial-in Number: 1-605-725-1900 (South Dakota)
Organizer Access Code: *938581 (you must include the leading star key)
Participant Access Code 22558
Date: Wednesday, December 20, 2006
Start Time: 9:00 PM Eastern Std Time
End Time: 10:55 PM Eastern Std Time
Participants: 25
Type of Conference Web-Scheduled Standard
Dial-in Number: 1-605-725-1900 (South Dakota)
Organizer Access Code: *938581 (you must include the leading star key)
Participant Access Code 22558
abhijitp
07-25 01:27 AM
Your lawyers are not adding the employment letter because they are working in the ineterst of your HR department and not in your interest. Your HR thinks that after 180 days you will leave the job. So in order to retain you, they are filing incomplete application to invoke an RFE or rejection and keep things iin their control. Hope you are smart enough to see the games people are playing with your greencard application.
Yes, I have this feeling already. Now, what happens if someone switches jobs using AC-21 and then this RFE is received? You have to submit the NEW employment / offer letter right? So how does this help the current employer to stop you from switching jobs?
Yes, I have this feeling already. Now, what happens if someone switches jobs using AC-21 and then this RFE is received? You have to submit the NEW employment / offer letter right? So how does this help the current employer to stop you from switching jobs?
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reddymjm
06-03 07:15 AM
I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.
I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.
I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
more...
gsc999
07-13 12:38 PM
Can members posting on this thread please explain to me why this thread is more visible than our San Jose rally thread.
Is this issue so important to you? If you have some spare time, help spread media awareness about this rally.
Other option is to go to this attorney's website and discuss it there.
Is this issue so important to you? If you have some spare time, help spread media awareness about this rally.
Other option is to go to this attorney's website and discuss it there.
greyhair
02-11 04:10 PM
I have asked to Vin13 if he/she can get source of information from Ron. If you have good contact with him can you ask for source of info ? Any link to USED vs waste number. Or even any link that made definition of USED visas and waste visas and their number for last year ? I am serious to get this fix this time , if I get a link to some document that clarify. I think that will help so many. Please get some links to information and we should build a team to fight for this.
I'm sorry to say this but this will probably the last you hear from . I've tried my best to find a credible source but it never goes anywhere. People just want to talk in terms of random numbers without any concrete substance. Please count on me to work on this issue if you are able to find anything. But in the absence of credible information I refuse to fall in the trap of immigration body shops.
I'm sorry to say this but this will probably the last you hear from . I've tried my best to find a credible source but it never goes anywhere. People just want to talk in terms of random numbers without any concrete substance. Please count on me to work on this issue if you are able to find anything. But in the absence of credible information I refuse to fall in the trap of immigration body shops.
more...
alanoconnor
08-15 03:57 PM
All
Charge-ability
Areas
Except
Those
Listed
CHINA-
mainland born INDIA MEXICO PHILIP-PINES
Employ-ment
-Based
1st 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
2nd 01JAN07 01JAN06 01APR04 01JAN07 01JAN07
3rd 01AUG02 U U U 01AUG02
Other
Workers U U U U U
4th 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
Certain Religious Workers 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
5th 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
Targeted Employ-ment Areas/
Regional Centers 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
Charge-ability
Areas
Except
Those
Listed
CHINA-
mainland born INDIA MEXICO PHILIP-PINES
Employ-ment
-Based
1st 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
2nd 01JAN07 01JAN06 01APR04 01JAN07 01JAN07
3rd 01AUG02 U U U 01AUG02
Other
Workers U U U U U
4th 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
Certain Religious Workers 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
5th 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
Targeted Employ-ment Areas/
Regional Centers 01JAN07 01JAN07 01JAN07 01JAN07 01JAN07
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serg
07-16 09:25 PM
As someone told, webfaxes/emails do not have big influence/impact, why we can't just send regular mails? Guys, we spent $20-$40 each on flower campaign, why we can't spend 39c to send a letter?
more...
rajuram
01-25 08:18 PM
understood.
This is as per my experience and talking to people who know about letter writing.
Are you sending these emails with your name, address etc from a genuine email ID? Try sending it from your office ID if you are serious.
Otherwise all your emails are getting deleted by the spam fileter and you are wasting your energy, time.
I came to this site while searching on Google to read about investments and buying houses kind of topic and I think those are good threads. They help us increase our knowlege and help in real life in the life of an immigrant waiting for greencard. Most people after getting EAD do not eally care about Greencard like you but care about these issues more. Green card will come anyways for them, sooner or later. You cannot keep discussing about Immigration all the time. Such threads add interest to the site. Who is interested in reading threads like Stamping in Tijuana, H1B denied, Got no FP notice Please help Urgent, etc
This is as per my experience and talking to people who know about letter writing.
Are you sending these emails with your name, address etc from a genuine email ID? Try sending it from your office ID if you are serious.
Otherwise all your emails are getting deleted by the spam fileter and you are wasting your energy, time.
I came to this site while searching on Google to read about investments and buying houses kind of topic and I think those are good threads. They help us increase our knowlege and help in real life in the life of an immigrant waiting for greencard. Most people after getting EAD do not eally care about Greencard like you but care about these issues more. Green card will come anyways for them, sooner or later. You cannot keep discussing about Immigration all the time. Such threads add interest to the site. Who is interested in reading threads like Stamping in Tijuana, H1B denied, Got no FP notice Please help Urgent, etc
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kaella
07-13 10:03 AM
I think it was referenced some where else in this thread , anyways here you go
http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa
number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand
for numbers under these dates. (Priority dates of the first through seventh of a month are grouped
under the 1st, the eighth through the fourteenth under the 8th, etc.)
Source please... or are you just kidding ?
http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa
number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand
for numbers under these dates. (Priority dates of the first through seventh of a month are grouped
under the 1st, the eighth through the fourteenth under the 8th, etc.)
Source please... or are you just kidding ?
more...
pappu
07-03 06:01 PM
If anyone has any questions we will be happy to talk to them.
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perm2gc
02-01 02:50 AM
please add sulekha.com
forget sulekha..i posted our ad couple of times ,after that they started to delete.I am not sure what the reason is...
All i need is the forums which have more members with more activity.I will spend sometime to join them and post.
forget sulekha..i posted our ad couple of times ,after that they started to delete.I am not sure what the reason is...
All i need is the forums which have more members with more activity.I will spend sometime to join them and post.
more...
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hasil
03-19 06:36 PM
Before EB2 moves faster, every EB3 guy will get a new LC and jump in to EB2 line. Then EB3 line will be little lighter and moves a little faster. Then people will start asking like this - "Can we go back to EB3 line ? Can we have 3rd EB3 LC ( like LC sells in walmart) and another 485 ?" . Pretty much everyone wants to have 2 LC , 2 I-140 and 2 I-485 at any time. That way whichever category moves faster they will beat the system.
Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).
This madness has to stop !
:)
Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).
This madness has to stop !
:)
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sapota
08-15 05:39 PM
Surprised by visa bulletin mentioning cutoff dates for EB1, EB2 & EB3 ROW & philipines instead of U.
Does this mean EB1, EB2 & EB3 ROW cases are not backlogged ? (i.e USCIS approved all it could on July1st 2007 but still visa numbers left?)
Or were these cases waiting for FBI check so could not use up visa numbers??
Either way, in a month or so (after all July VB cases are entered into database, USCIS would know its true backlog). Wish it would announce such a backlog number and make realistic predictions for when cases will be approved.
Given the recent announcement from whitehouse regarding expedited FBI checks, maybe there is some light at the end of the tunnel.
But hey, lets keep pushing, we dont want hope to be a mirage do we.
Edit/Delete Message
Does this mean EB1, EB2 & EB3 ROW cases are not backlogged ? (i.e USCIS approved all it could on July1st 2007 but still visa numbers left?)
Or were these cases waiting for FBI check so could not use up visa numbers??
Either way, in a month or so (after all July VB cases are entered into database, USCIS would know its true backlog). Wish it would announce such a backlog number and make realistic predictions for when cases will be approved.
Given the recent announcement from whitehouse regarding expedited FBI checks, maybe there is some light at the end of the tunnel.
But hey, lets keep pushing, we dont want hope to be a mirage do we.
Edit/Delete Message
more...
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eb3retro
08-18 08:52 PM
Alright retro I'm sorry I upset you so much,it was not a remark which was meant to be taken seriously.I know there is no difference in intelligence between the two.Hope you will get cheered now and maybe drop in for a beer sometime.And I hope you get you green card soon too.
thanks for the beer offer, but i dont drink..just an fyi - i got the receipts long back..
thanks for the beer offer, but i dont drink..just an fyi - i got the receipts long back..
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nojoke
01-22 11:57 AM
Nothing is right or wrong, as meaning of quality of life is a very subjective thing.
In Japan, people work hard, send money/products to the US, and be happy for better quality of life by looking at increasing balances in their bank books each morning, and don't care what homes/cars they have.
In the US, people get happy for better quality of life by looking at their new BMW's, and nicely furnished homes (bought by money borrowed from Japanese investors), and don't care what they owe.
Both are unhappy too, for not having enough what they want more, Japanese want to have bigger balances in their bank books, and American want bigger BMW's and homes.
"Peace of Mind - Do you have" referenced in posts above is just a price for the quaility of life they "enjoy". No enjoyment comes without a price.
My issue is not with the quality of life. Don't we need to consider the risks associated with the quality of life? I see that there is a sense of entitlement that you should live your american dream or whatever at whatever cost.
In Japan, people work hard, send money/products to the US, and be happy for better quality of life by looking at increasing balances in their bank books each morning, and don't care what homes/cars they have.
In the US, people get happy for better quality of life by looking at their new BMW's, and nicely furnished homes (bought by money borrowed from Japanese investors), and don't care what they owe.
Both are unhappy too, for not having enough what they want more, Japanese want to have bigger balances in their bank books, and American want bigger BMW's and homes.
"Peace of Mind - Do you have" referenced in posts above is just a price for the quaility of life they "enjoy". No enjoyment comes without a price.
My issue is not with the quality of life. Don't we need to consider the risks associated with the quality of life? I see that there is a sense of entitlement that you should live your american dream or whatever at whatever cost.
more...
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gvenkat
04-07 10:41 AM
Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.
POE: San Francisco. I hold a completely different job compared to my Masters degree. I was asked what qualifications I have to hold a job in marketing when my background was technology. I gave an explanation and the VO looked up and smile. He said, you memorized your answers well. I said, I've been doing it for the last five years. He laughed and said, you guys are smart cookies. Have fun, summer is around. NEXT.
Note to people who like to spread Bullshit: Please STOP spreading horsemanure. Unless your paperwork is completely out of whack, no VO at the POE has the RIGHT/AUTHORITY to send you back. I spoke to an immigration lawyer at a party couple of months ago. He said deportation procedures are not that simple. The VO has to call DHS and Immigration Services. Once they take over the case, it takes 12 to 24 hours to do a background check. Until that time, the person is held in custody at the Airport. A decent bed and food is provided. If the documents check out incorrect then authorities in the home country are informed and so is the Embassy in United States. DHS and USCIS allow folks from (Indian embassy) to interview the candidate (potential value target: crime recod back home, etc). If the embassy decides that the documents were forged then it will send a memo to the Indian Airport and ask the Indian police to book a case after the person arrives. The process is much detailed than making a call to somebody's father or father-in-law and asking, DO YOU NEED XYZ for this job.
So all this is dino-dung. Stop wasting time at your desk and do something productive.
Let the red-dots rain.
Seriosly bro. U hit the nail on the head.. It's just rumor mongering at its best and we desis surely do get a kick out of it.. the guys who start these threads/rumors should be just , banned from the forums..
Have u noticed? it's always a friend's friend or a colleagues friend or a friend's friend's wife. it's never a friend or themselves...
The logic to send back does not hold good... If u have all ur papers there is NO WAY They can send u back.. if u had overstayed, be on bench and all other issues, yes u could have a possibility of being questioned.. if ur papers or on order.. it's just like a regular travel.
POE: San Francisco. I hold a completely different job compared to my Masters degree. I was asked what qualifications I have to hold a job in marketing when my background was technology. I gave an explanation and the VO looked up and smile. He said, you memorized your answers well. I said, I've been doing it for the last five years. He laughed and said, you guys are smart cookies. Have fun, summer is around. NEXT.
Note to people who like to spread Bullshit: Please STOP spreading horsemanure. Unless your paperwork is completely out of whack, no VO at the POE has the RIGHT/AUTHORITY to send you back. I spoke to an immigration lawyer at a party couple of months ago. He said deportation procedures are not that simple. The VO has to call DHS and Immigration Services. Once they take over the case, it takes 12 to 24 hours to do a background check. Until that time, the person is held in custody at the Airport. A decent bed and food is provided. If the documents check out incorrect then authorities in the home country are informed and so is the Embassy in United States. DHS and USCIS allow folks from (Indian embassy) to interview the candidate (potential value target: crime recod back home, etc). If the embassy decides that the documents were forged then it will send a memo to the Indian Airport and ask the Indian police to book a case after the person arrives. The process is much detailed than making a call to somebody's father or father-in-law and asking, DO YOU NEED XYZ for this job.
So all this is dino-dung. Stop wasting time at your desk and do something productive.
Let the red-dots rain.
Seriosly bro. U hit the nail on the head.. It's just rumor mongering at its best and we desis surely do get a kick out of it.. the guys who start these threads/rumors should be just , banned from the forums..
Have u noticed? it's always a friend's friend or a colleagues friend or a friend's friend's wife. it's never a friend or themselves...
The logic to send back does not hold good... If u have all ur papers there is NO WAY They can send u back.. if u had overstayed, be on bench and all other issues, yes u could have a possibility of being questioned.. if ur papers or on order.. it's just like a regular travel.
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champu
03-09 04:37 PM
looks like that is Plan B :D:D
the way eb3 is , I may get it faster if my US born kids sponsor me. He is 8 right now.;)
the way eb3 is , I may get it faster if my US born kids sponsor me. He is 8 right now.;)
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HV000
02-14 03:22 PM
Everybody stands in one single queue......one line not five lines......one line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.
I was talking about ONE line. How can you say ROW folks have an equal chance when majority are Indians, Chinese, Filipinos, and Mexicans? ROW will NOT be able to compete with MAJORITY (Indians/Chinese/Filipinos/Mexicans) put together. Keep in mind ONLY 140,000 can clear the checkout per year.
This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.
Your statement - "Unlike NOW, where some people wait 5-8 years and others 1-2 years" is very simple to explain. People wait longer because they usually belong to OVERSUBSCRIBED countries.
Few ways to alleviate this situation is -
1. Increase the overall quota beyond 140,000
2. Increase the quota of oversubscribed countries slightly based on demand
3. Recapture unused numbers from previous years
What WILL NOT happen? - Removal of per country quota for EB Visas!!
I was talking about ONE line. How can you say ROW folks have an equal chance when majority are Indians, Chinese, Filipinos, and Mexicans? ROW will NOT be able to compete with MAJORITY (Indians/Chinese/Filipinos/Mexicans) put together. Keep in mind ONLY 140,000 can clear the checkout per year.
This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.
Your statement - "Unlike NOW, where some people wait 5-8 years and others 1-2 years" is very simple to explain. People wait longer because they usually belong to OVERSUBSCRIBED countries.
Few ways to alleviate this situation is -
1. Increase the overall quota beyond 140,000
2. Increase the quota of oversubscribed countries slightly based on demand
3. Recapture unused numbers from previous years
What WILL NOT happen? - Removal of per country quota for EB Visas!!
StarSun
02-17 09:50 AM
Who is IV?
You and I = WE.
You and I = WE.
desi3933
02-11 07:40 PM
If someone port their EB3 i-485 to EB2, say somebody who's PD is in 2002.
Does his Visa number go waste or it will be re-used for another case.
this is with presumption that the cases are pre-adjudicated
Visa number is considered used only when I-485 is approved or immigrant visa is approved at US consulate.
Visa number is NOT allocated if I-485 is pre-adjudicated. Pre-adjudicated means that application can be approved but due to lack of visa number it must wait.
____________________
Not a legal advice.
Does his Visa number go waste or it will be re-used for another case.
this is with presumption that the cases are pre-adjudicated
Visa number is considered used only when I-485 is approved or immigrant visa is approved at US consulate.
Visa number is NOT allocated if I-485 is pre-adjudicated. Pre-adjudicated means that application can be approved but due to lack of visa number it must wait.
____________________
Not a legal advice.
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