Immigstories
01-17 07:17 PM
Thank you both for sharing your thoughts...
I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.
For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?
I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.
I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.
For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?
I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.
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pappu
09-01 09:52 AM
You need to connect with company A and get your documents to prove 2 year experience.
There are 2 important aspects of I140 where applications get RFE or denials.- Qualifications of applicant and Ability to Pay.
It is good that you do not have any stake in the company and do not have any family relationship with the owner.You need to understand what are the reasons for such RFE since you know your case better and accordingly prepare a response.
If you show 2 year experience you will be covered as per your RFE.
For ability to pay, you will need to post the company B turnover, number of employees, profit, liabilities, VC funding if any... there is a lot here that one needs to know to file a proper A2P response. It can be done. You need to talk to your company, Talk to a good lawyer and a CPA if needed.
now looking at your RFE, you may also want to find out the past history of your company (any past RFEs, denials, any labor subs [yes labor subs are important now to know.]).
You definitely need a good attorney. Yours is a big RFE and forums cannot give you answers. None of us are lawyers so we cannot give you advice. Our views are based on our own reading and experience on forums. You do not want to take chances with an important RFE. It is not difficult to handle. I have seen much difficult RFEs. Good luck.
There are 2 important aspects of I140 where applications get RFE or denials.- Qualifications of applicant and Ability to Pay.
It is good that you do not have any stake in the company and do not have any family relationship with the owner.You need to understand what are the reasons for such RFE since you know your case better and accordingly prepare a response.
If you show 2 year experience you will be covered as per your RFE.
For ability to pay, you will need to post the company B turnover, number of employees, profit, liabilities, VC funding if any... there is a lot here that one needs to know to file a proper A2P response. It can be done. You need to talk to your company, Talk to a good lawyer and a CPA if needed.
now looking at your RFE, you may also want to find out the past history of your company (any past RFEs, denials, any labor subs [yes labor subs are important now to know.]).
You definitely need a good attorney. Yours is a big RFE and forums cannot give you answers. None of us are lawyers so we cannot give you advice. Our views are based on our own reading and experience on forums. You do not want to take chances with an important RFE. It is not difficult to handle. I have seen much difficult RFEs. Good luck.
chocolate
09-26 02:55 PM
You can start Greencard application in EB2 after receiving the MS degree in December 2006. H-1B and GC are two separate entities.
any help appreciated. My labor got cleared from BEC. It was filed under RIR category . The minimum req for the job specified in LCA is BS+5 yrs+2 months.Salary is 80k/yr.Does this qualify me for EB2 also the ETA form has my qualification as my BE+MS .Also it specifies my past experience before joining the company. In my previous experience i was promoted and worked in a fortune 500 company .Will this qualify me for EB2. Also i heard that the category is determined in 140 stage.any help .thanks in advance.The occupation code also specifies that 65% or more in this job have bachelors and masters .Also it was mentioned it requires years of work experience for this job.Will this qualify for EB2. I am eager to know as i am from rest of the world and i can file 140/485/ead/ap together now.Any inputs.
any help appreciated. My labor got cleared from BEC. It was filed under RIR category . The minimum req for the job specified in LCA is BS+5 yrs+2 months.Salary is 80k/yr.Does this qualify me for EB2 also the ETA form has my qualification as my BE+MS .Also it specifies my past experience before joining the company. In my previous experience i was promoted and worked in a fortune 500 company .Will this qualify me for EB2. Also i heard that the category is determined in 140 stage.any help .thanks in advance.The occupation code also specifies that 65% or more in this job have bachelors and masters .Also it was mentioned it requires years of work experience for this job.Will this qualify for EB2. I am eager to know as i am from rest of the world and i can file 140/485/ead/ap together now.Any inputs.
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Sunx_2004
10-05 05:10 PM
Thanks guys, I will keep updating this thread as things unfold.
Cheers
Cheers
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senthil
06-05 01:16 AM
my situation ---
im on 7th year H1B extn, going for 8th next year
- filed I-485 when current ( have EAD) and got married after retrogession
- for the spouse i had to stay and extend my H1B to make her H4 valid
- at this stage can i change employer on H1B and also for 8th year and further
extns ? has anyone on this situation by any chance .....
any inputs / suggestions will be of great help. thanks in advance
im on 7th year H1B extn, going for 8th next year
- filed I-485 when current ( have EAD) and got married after retrogession
- for the spouse i had to stay and extend my H1B to make her H4 valid
- at this stage can i change employer on H1B and also for 8th year and further
extns ? has anyone on this situation by any chance .....
any inputs / suggestions will be of great help. thanks in advance
paritp
03-03 07:51 PM
hi all,
my sister has a priority date of feb 2005 and she got the following update today for herself, husband and son. What does it mean ?
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
my sister has a priority date of feb 2005 and she got the following update today for herself, husband and son. What does it mean ?
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
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fatboysam
05-17 12:39 AM
I am a software engineer and i do not find my occupation in this list. There is one but it's only for managers. Does it mean i am not eligible by any means ?
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hibworker
03-08 03:23 PM
thats what gist of it i was not there
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.
As the client manager mentioned that your brother reports to him that implies that his employer - consulting firm that filed H1 - does not have an employee - employer relationship with him. As per the last year's guidelines such staff augmentation is no longer allowed on H1 and hence the rejection. One of my friend went through similar situation last month in Delhi - his H1 got rejected as he was working on a multi year contract at client site where his work was controlled by client manager.
Applying again for the same job and company will not be helpful. The alternative is to get H1 from a different employer or to convince the current client to directly sponsor the visa.
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.
As the client manager mentioned that your brother reports to him that implies that his employer - consulting firm that filed H1 - does not have an employee - employer relationship with him. As per the last year's guidelines such staff augmentation is no longer allowed on H1 and hence the rejection. One of my friend went through similar situation last month in Delhi - his H1 got rejected as he was working on a multi year contract at client site where his work was controlled by client manager.
Applying again for the same job and company will not be helpful. The alternative is to get H1 from a different employer or to convince the current client to directly sponsor the visa.
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no-tec
10-14 07:24 PM
i have one- im no-tec no one likes me though ? :q:
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Gravitation
06-29 01:12 PM
My docs and signed applications reached attorney last Friday. Paralegal seems to be working on it as he keeps sending questions by email. However, when I asked the forms might be mailed by June 29th, he didn't reply. My feeling -by the questions asked- is that my form are complete. I'm hoping he'll mail it latest by first week of July.
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kondur_007
09-18 09:50 PM
My 140 is Approved from Company A.I haven't filed my 485 yet.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
I am not a lawyer, but this is what I can tell (as far as I know):
1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.
2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.
3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.
4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!
Good Luck.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
I am not a lawyer, but this is what I can tell (as far as I know):
1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.
2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.
3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.
4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!
Good Luck.
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fatjoe
09-05 10:16 AM
Same here. All filed at NSC. Filed for EAD and AP on Aug 10th. Checks got cleared on Aug 24th. But did not get the reciept notice yet. Why is it taking so long a time to get the REceipt notices for EAD/AP, where my checks were cleared a couple of weeks ago.
Filed for 485 on July 18th, checks not cleared yet. Already my LC that was filed in July-2002 was denied due to the careless mistake of the attorney/employer. So, Keeping my fingers crossed.
BTW: Do, you know what # should I dial to contact USCIS to get info on I485/EAD/AP.
Thanks.
Filed for 485 on July 18th, checks not cleared yet. Already my LC that was filed in July-2002 was denied due to the careless mistake of the attorney/employer. So, Keeping my fingers crossed.
BTW: Do, you know what # should I dial to contact USCIS to get info on I485/EAD/AP.
Thanks.
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INSpector
08-13 11:46 AM
Respectfully, I domnt think the info is right...
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WeShallOvercome
08-03 12:12 PM
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.
On this status you have 2 options to be able to work:
1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
Please note that if you use EAD, you HAVE TO use AP for travel.
2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.
You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.
Good luck
After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.
On this status you have 2 options to be able to work:
1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
Please note that if you use EAD, you HAVE TO use AP for travel.
2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.
You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.
Good luck
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Ramba
06-18 06:15 PM
485 is a very simle procedure you can do your self. The best thing is download the latest I-485 form from USCIS website and spend some time in reading it. It clearly says what should be attached. Each lwyer says different things. Do not send too much. Do not send all the pages of paspoort. It will defenitly add weight.
Here is the list I sent long time back.
I-485 form
Attachements:
1. 140 approval notice
2. Offer letter.
3. Fee
These three are very important.
3. 4 biographic pages
4.Medical cover.
5. Latest I-94
6. All the approval notice to prove your non-immigrant stay (most cases H1B approval notices)
7. Bio-graphic and visa pages of old and new passport.
8. Birht certificate.
Dependent and Child.
All the 3 to 8.
1.I-134 (sponsership)
2. Bank statemnet (no tax or w2 forms, not needed)
3. Marrage certificate.
Thats all.
got RFE for Birth certifcate, as it was late registered. I sent a affidavit and very old school document in response to RFE.
Here is the list I sent long time back.
I-485 form
Attachements:
1. 140 approval notice
2. Offer letter.
3. Fee
These three are very important.
3. 4 biographic pages
4.Medical cover.
5. Latest I-94
6. All the approval notice to prove your non-immigrant stay (most cases H1B approval notices)
7. Bio-graphic and visa pages of old and new passport.
8. Birht certificate.
Dependent and Child.
All the 3 to 8.
1.I-134 (sponsership)
2. Bank statemnet (no tax or w2 forms, not needed)
3. Marrage certificate.
Thats all.
got RFE for Birth certifcate, as it was late registered. I sent a affidavit and very old school document in response to RFE.
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namm80
04-07 10:18 PM
H1B extension beyond 6 yrs is possible under 2 circumstances:
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
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dealsnet
09-02 01:43 PM
Your previous thread, you narrate the incident. You are pleaded guilty in the court. But now you are saying the court dismiss because unintentional stealing.
Which is correct ???
You are stealing/swallowing your own words ??? !!!!!!!!!!!!!!
SEE YOUR PREVIOUS THREAD.
http://immigrationvoice.org/forum/forum105-immigrant-visa/24389-travel-on-ap-to-india-shoplifting-case.html
Hi there,
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
Which is correct ???
You are stealing/swallowing your own words ??? !!!!!!!!!!!!!!
SEE YOUR PREVIOUS THREAD.
http://immigrationvoice.org/forum/forum105-immigrant-visa/24389-travel-on-ap-to-india-shoplifting-case.html
Hi there,
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
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eb3_nepa
02-12 06:09 PM
I guess most of us dont want to take the pain of "mailing the letters"
How abt someone obtains online authorization to mail letters on members behalf.
I mean members authorize mailing a letter on their behalf by IV.
!?
Question is asked when they sign in... or login to the website!
Now hang on a minute there!
There are IV volunteers leading double/triple lives juggling full time jobs, families AND full time IV work and some members have the GALL to say that:
I dont want to take the pain of "mailing the letters"
Anyone giving this excuse has ABSOLUTELY NO RIGHT from this point on to complain. This is as easy as the IV core can make it! Write those letters or SUFFER IN SILENCE
How abt someone obtains online authorization to mail letters on members behalf.
I mean members authorize mailing a letter on their behalf by IV.
!?
Question is asked when they sign in... or login to the website!
Now hang on a minute there!
There are IV volunteers leading double/triple lives juggling full time jobs, families AND full time IV work and some members have the GALL to say that:
I dont want to take the pain of "mailing the letters"
Anyone giving this excuse has ABSOLUTELY NO RIGHT from this point on to complain. This is as easy as the IV core can make it! Write those letters or SUFFER IN SILENCE
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Openarms
10-19 02:25 PM
Looking for attorney for GC processing. PERM - I-140 (Interfile with existing PD). Please respond with details so that I can discuss with full details later. Appreciate if you state your fees.
googlegc
04-07 12:56 PM
You are lucky!!
Just sharing my experience, My company lawyer has provided me the photocopy of I140 approval, he didnot resist in anyway.
Just sharing my experience, My company lawyer has provided me the photocopy of I140 approval, he didnot resist in anyway.
martinvisalaw
07-21 01:20 PM
Like the attorney mentioned, you can't maintain H4 and AOS status at the same time.
To clarify some misunderstandings - you can have H-4 and an AOS pending. You can't have H-4 and work on an EAD.
Someone else said "If working on EAD invalidates H1,..." No, working on an EAD does not invalidate H-1B status, unless the work is for a different employer to the H-1B petitioner.
Another poster: "I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid."
No, the H-4 status is not valid. I wonder if the H-4 applicant completed the I-539 correctly and stated that s/he was working. There is a specific question about this on the 539. If the applicant said s/he was working, I would be very surprised if CIS extended the H-4 status.
To clarify some misunderstandings - you can have H-4 and an AOS pending. You can't have H-4 and work on an EAD.
Someone else said "If working on EAD invalidates H1,..." No, working on an EAD does not invalidate H-1B status, unless the work is for a different employer to the H-1B petitioner.
Another poster: "I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid."
No, the H-4 status is not valid. I wonder if the H-4 applicant completed the I-539 correctly and stated that s/he was working. There is a specific question about this on the 539. If the applicant said s/he was working, I would be very surprised if CIS extended the H-4 status.
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