mpadapa
09-10 09:21 PM
HR 5882 has the answer for the FIFO problem.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
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Milind123
09-16 10:06 AM
Thank you karan007, pvhemanth, zappy, dvrao4, lp2007 and permfiling for the contributions. I am so happy that we were able to conclude this round with the help of only the junior members. Some of you have not posted much. Obviously, you found lot of things on this site that piqued your interest. I appreciate the fact that you did not hesitate to pull the trigger. Because of you, we can close this round and move to the final round.
I hope the final round starts with a person who visits this site regularly, find helpful suggestions and tips, and is generally happy with things moving in the right direction and knows IV is an important part of this process. Even though he supports the rally, he cannot come because he probably lives on the west coast, but would have definitely attended the rally if he or she were working in NJ, MD, PA, VA or any other neighboring states. He doesn�t have many questions to ask, but once in a while she does have a quick question, but rejects that idea because of the process involved. She knows that a user id is required to post any questions.
I am taking about the guest users who were visiting this site at 3:30 AM EST last night. Unless you are in Hawaii, it was rather late for you, even on the West Coast. Obviously we have things in common, that�s why we are communicating (At least one way; I writing and you reading). We also would like to read what�s on your mind. So please consider becoming member and start this round by firing the first shot.
I hope the final round starts with a person who visits this site regularly, find helpful suggestions and tips, and is generally happy with things moving in the right direction and knows IV is an important part of this process. Even though he supports the rally, he cannot come because he probably lives on the west coast, but would have definitely attended the rally if he or she were working in NJ, MD, PA, VA or any other neighboring states. He doesn�t have many questions to ask, but once in a while she does have a quick question, but rejects that idea because of the process involved. She knows that a user id is required to post any questions.
I am taking about the guest users who were visiting this site at 3:30 AM EST last night. Unless you are in Hawaii, it was rather late for you, even on the West Coast. Obviously we have things in common, that�s why we are communicating (At least one way; I writing and you reading). We also would like to read what�s on your mind. So please consider becoming member and start this round by firing the first shot.
sunnysharma
07-18 04:28 PM
My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).
The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
"On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."
Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!
.
You will be able to see your actual RD in the reciept notice...Donot worry..
The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
"On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."
Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!
.
You will be able to see your actual RD in the reciept notice...Donot worry..
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hpandey
07-11 11:15 AM
CIR is the Worst thing on the planet for the legals.
Girish - CIR was meant to help the illegals not us folk. I hope we never have to see CIR again . It would just mean millions more ahead in line whereas we who have been waiting for years will be sent to the dustbin.:mad:
Girish - CIR was meant to help the illegals not us folk. I hope we never have to see CIR again . It would just mean millions more ahead in line whereas we who have been waiting for years will be sent to the dustbin.:mad:
more...
learning01
04-25 01:56 PM
Let's talk about how backlog has affected us or our green card process. Let's discuss, write, post here about how to ask law makers to increase visa numbers for green cards affected by retrogression. Let's ask the USCIS to revert for concurrent filing. Write about these. Write letters to editors, to law makers, to companies. Let's stay focussed. Already there is the CIR is stalled for lack of agreement between Sen. Frist and Sen. Reid.
Let's take this PD definition discussion offline, as at present this is not a goal of IV. Am I correct?
The priority date based on the person first entering the US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one.
This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..
Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.
Let's take this PD definition discussion offline, as at present this is not a goal of IV. Am I correct?
The priority date based on the person first entering the US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one.
This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..
Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.
mohitb272
09-13 11:18 AM
Guys, I wont be able to make it to DC since I have a FP appointment on that date but I made my contribution of $100. Good luck!!!
Business Name:
Immigration Voice (The recipient of this payment is Verified)
Email:
donations@immigrationvoice.org
--------------------------------------------------------------------------------
Total Amount:
-$100.00 USD
--------------------------------------------------------------------------------
Item Amount:
$100.00 USD
Shipping:
$0.00 USD
Handling:
$0.00 USD
Quantity:
1
Item Title:
Contributions
Item Number:
Contributions
Date:
Sep. 13, 2007
Time:
08:37:31 PDT
Status:
Completed
Business Name:
Immigration Voice (The recipient of this payment is Verified)
Email:
donations@immigrationvoice.org
--------------------------------------------------------------------------------
Total Amount:
-$100.00 USD
--------------------------------------------------------------------------------
Item Amount:
$100.00 USD
Shipping:
$0.00 USD
Handling:
$0.00 USD
Quantity:
1
Item Title:
Contributions
Item Number:
Contributions
Date:
Sep. 13, 2007
Time:
08:37:31 PDT
Status:
Completed
more...
sri1309
05-06 10:15 PM
Guys,
I was very busy till today.
I'll call all the #s tomorrow and let them know how important is the CIR for legal immigration, and how I am not able to buy a house, or start a company, as I have no greencard inspite of waiting for 8-10 years. Not to forget I am from India and it is severely backlogged. Also we have jobs, so we're not taking away anything.
I have to be very brief. So please let me know if I'm missing any impo point.
I was very busy till today.
I'll call all the #s tomorrow and let them know how important is the CIR for legal immigration, and how I am not able to buy a house, or start a company, as I have no greencard inspite of waiting for 8-10 years. Not to forget I am from India and it is severely backlogged. Also we have jobs, so we're not taking away anything.
I have to be very brief. So please let me know if I'm missing any impo point.
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Robert Kumar
03-15 05:43 PM
btw you can check it out at
welcome to the icert portal (http://icert.doleta.gov/)
!!! T h a n k y o u !!!
welcome to the icert portal (http://icert.doleta.gov/)
!!! T h a n k y o u !!!
more...
chanduv23
11-17 05:16 PM
Update: Googling and found the muthy forums thread what I was mentioned earlier.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl reported succssfully renewed EAD, AP while appeal to 485 denial was pending.
Desi we definitely need to get clarification on this. Can you post a message with interpretations from differnet lawyers? Maybe we can get more people to ask their lawyers like Fragomen, Shusterman, Siskind ..... we will then match.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3031070961
some ppl reported succssfully renewed EAD, AP while appeal to 485 denial was pending.
Desi we definitely need to get clarification on this. Can you post a message with interpretations from differnet lawyers? Maybe we can get more people to ask their lawyers like Fragomen, Shusterman, Siskind ..... we will then match.
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Raju
07-19 01:39 PM
I just contributed $100 in addition to my previous contributions. I posted the details on another thread.
If you are done with contributing please urge your friends to do so. Previously lot of people used to ask what should they tell about IV achievments to friends. Now you have the July Visa bulletin Fiasco. Strike the iron while it is hot. Please urge you friends to contribute ASAP.
If you are done with contributing please urge your friends to do so. Previously lot of people used to ask what should they tell about IV achievments to friends. Now you have the July Visa bulletin Fiasco. Strike the iron while it is hot. Please urge you friends to contribute ASAP.
more...
tikka
07-18 04:59 PM
Contributed $100 today and more to come.
If I can't volunteer my time, the least that I can do is contribute $.
much appreciated!
If I can't volunteer my time, the least that I can do is contribute $.
much appreciated!
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Suva
07-19 02:14 PM
This is the way it is going to work
I-485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.
I-485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.
more...
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audelinom
02-23 11:26 PM
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
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JunRN
09-28 07:36 PM
They can do "wild" approvals, however, they have to do it as per September visa bulletin. IF they dont have enough approvable 485s that are as per the Sept visa bulletin and if the approvable "ready to go" cases are past the priority dates of September, then they will be sitting unapproved as they CANT do any kind of "wild" approval.
Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.
Then we can see a lot of EB2/EB3 approvals then from ROW and Philippines.
Keeping all dates current in Sept (like july, but intentionally this time around) could have made is easier on USCIS to have more choice and easily find "ready to go" cases to assign and consume all visa numbers.
Then we can see a lot of EB2/EB3 approvals then from ROW and Philippines.
more...
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saileshdude
07-11 11:51 AM
I am not sure if I should be happy or sad with this news. I was laidoff recently and had applied for I-485 on July 17,2007 i.e. current processing date for TSC. Also with this bulletin I will be current (EB2 2006). I have not found a new job yet and my company has told me that they will be revoking my I-140 after 30 days. My company lawyers are not advising me much citing conflict of interest.
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
What options do I have? Will sending a new G-28 form at this time raise any issues that I do not have job with original employer as my PD is current and it is quite possible that my case maybe adjudicated. In the meantime if I do not sent new G-28 form I am not sure how much my company attorney will co-operate
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GCwaitforever
04-30 02:11 PM
I believe the 140 backlog is artificial. They processed only 2k cases in one month. How come they finished all EADs in 3 months for all June/July filers? There is something more to all this than meets the eye.
Bootmline is they want to make it hard for us one way or the other. Btw, I had just come out of BEC and got stuck with 140 now.
When did your labor process from BEC? Do you know if there are any pending cases with National processing center, which is the successor of BECs?
Bootmline is they want to make it hard for us one way or the other. Btw, I had just come out of BEC and got stuck with 140 now.
When did your labor process from BEC? Do you know if there are any pending cases with National processing center, which is the successor of BECs?
more...
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nojoke
09-05 09:11 PM
I remember that in the early nineties it was next to impossible to get a home loan in India. I think the only company which gave out home loans was HDFC and the interest rate was a whopping 16%. Property prices at that time conformed to what people could actually afford as the house had to be either paid in full or you had to take out a loan from your provident fund.
Fast forward to 2000 and beyond. After the Indian rupee became fully convertible and the banking regulations were relaxed every bank or finance company started to make loans. The upshot of that is that everyone could buy a house and car through taking out loans. This of course created this huge demand for new housing from the middle class which translated into a steep increase in land and property prices.
This may not exactly be a total bubble as loans are there to stay. What is happening though is that home construction is going on at a rapid pace and at some point Indian cities and their suburbs may be overbuilt. At that point you would be stuck with your house and not be able to sell as is happening in the US. Of course some markets will correct but I donot think Bombay, Bangalore or Hyderabad will.
I'm a a total layman regarding such issues and I am just trying to reason this through.
There has been a correction already going on in Bombay and Bangalore. Bombay has lost 30%. It is in the news.
Fast forward to 2000 and beyond. After the Indian rupee became fully convertible and the banking regulations were relaxed every bank or finance company started to make loans. The upshot of that is that everyone could buy a house and car through taking out loans. This of course created this huge demand for new housing from the middle class which translated into a steep increase in land and property prices.
This may not exactly be a total bubble as loans are there to stay. What is happening though is that home construction is going on at a rapid pace and at some point Indian cities and their suburbs may be overbuilt. At that point you would be stuck with your house and not be able to sell as is happening in the US. Of course some markets will correct but I donot think Bombay, Bangalore or Hyderabad will.
I'm a a total layman regarding such issues and I am just trying to reason this through.
There has been a correction already going on in Bombay and Bangalore. Bombay has lost 30%. It is in the news.
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Canadian_Dream
06-02 08:18 PM
You are correct, it only uses I-140 application as a basis of setting the cut-off (Not I-485).
In my opinion:
Date of Introduction: May 15 2007
Effective Date: Oct 01 2008
Scenarios:
Scenario 1: I-140 Filed after Introduction and Approved before effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 2: I-140 Filed after Introduction and not approved on the effective date. These cases have to refile.
Scenario 3: I-140 Filed before Introduction and not approved on the effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 4: I-140 not filed becasue of backlogged labor. They retain the priority date but have to restart in the new system, whatever that means.
Only bad scenario is 2 and 4. The other bad aspect is reduced supply of immigrant visa 90,000.
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
In my opinion:
Date of Introduction: May 15 2007
Effective Date: Oct 01 2008
Scenarios:
Scenario 1: I-140 Filed after Introduction and Approved before effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 2: I-140 Filed after Introduction and not approved on the effective date. These cases have to refile.
Scenario 3: I-140 Filed before Introduction and not approved on the effective date. These cases are eligible for Immigrant Visa, whenever available.
Scenario 4: I-140 not filed becasue of backlogged labor. They retain the priority date but have to restart in the new system, whatever that means.
Only bad scenario is 2 and 4. The other bad aspect is reduced supply of immigrant visa 90,000.
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
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santb1975
06-06 09:56 PM
That is awesome
Just contributed 100 USD. I know the money will go far and also that IV needs more money to get us where we want to be. Come on people, lets do it.
100 USD will buy you freedom.
Just contributed 100 USD. I know the money will go far and also that IV needs more money to get us where we want to be. Come on people, lets do it.
100 USD will buy you freedom.
GCStatus
09-14 05:54 PM
This is the whole problem. We divide ourself. Easy prey for the enemy.
Stop this EB2/EB3. No one is winning. Both are undone by USCIS. If you want to go separate ways as EB2 and EB3, good luck. Want to stay united and win , join us below.
http://immigrationvoice.org/forum/showthread.php?t=21493
Stop this EB2/EB3. No one is winning. Both are undone by USCIS. If you want to go separate ways as EB2 and EB3, good luck. Want to stay united and win , join us below.
http://immigrationvoice.org/forum/showthread.php?t=21493
smuggymba
08-23 08:06 AM
This line is not good:
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
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