eastindia
01-12 01:14 PM
Sorry eastindia but you are plain wrong. The US is not East India Company.
Here are the facts about the US checks and balances:
1. No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government.
2. If the Supreme Court strikes down a federal law, Congress can always modify the law until it is such that the Supreme Court does not consider it to violate the U.S. Constitution. Then they would have to vote to pass the new law, and the President would sign it.
3. The Supreme court can overrule its own rulings.
4. Congress can rewrite a law to conform with Constitutional standards.
5. The Constitution can be amended. This would require a two-thirds vote of both houses of Congress, and ratification by three-quarters of the states (actually, at least 39).
If you think a law is unconstitutional then it can be challenged in the court. For example, there was an article in WSJ about some lawyers planning to challenge the health care bill once it becomes a law. One of the reasons: the health care law would require a person to buy health insurance, which infringes upon constitutionally guaranteed individual right of freedom. Now not to deflect from the topic of this thread, the bottomline is if you think the law is unconstitutional then you can challenge the law in the court.
The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)")and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.
You are talking about rights as if you are a citizen of this country. Constitutional rights are given to the citizens of the country. It is not your right to stay in this country. Legally it is your employer who wants you here and petitions for your Greencard. Now can you get your employer to talk to your congressman or media or file a lawsuit for you?
There were some folks talking about lawsuit 3 months ago after the visa bulletin. That thread ran 9 pages and nobody did anything. 2 months ago again people talked about lawsuit and hunger strike. Nobody did anything. So it is not going to happen. Are you willing to spend thousands and keep going to courts or testify? Are you ok with your greencard application be used as an example and allow USCIS to scrutinize it?
This talk about lawsuit is all gas.
Here are the facts about the US checks and balances:
1. No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government.
2. If the Supreme Court strikes down a federal law, Congress can always modify the law until it is such that the Supreme Court does not consider it to violate the U.S. Constitution. Then they would have to vote to pass the new law, and the President would sign it.
3. The Supreme court can overrule its own rulings.
4. Congress can rewrite a law to conform with Constitutional standards.
5. The Constitution can be amended. This would require a two-thirds vote of both houses of Congress, and ratification by three-quarters of the states (actually, at least 39).
If you think a law is unconstitutional then it can be challenged in the court. For example, there was an article in WSJ about some lawyers planning to challenge the health care bill once it becomes a law. One of the reasons: the health care law would require a person to buy health insurance, which infringes upon constitutionally guaranteed individual right of freedom. Now not to deflect from the topic of this thread, the bottomline is if you think the law is unconstitutional then you can challenge the law in the court.
The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)")and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.
You are talking about rights as if you are a citizen of this country. Constitutional rights are given to the citizens of the country. It is not your right to stay in this country. Legally it is your employer who wants you here and petitions for your Greencard. Now can you get your employer to talk to your congressman or media or file a lawsuit for you?
There were some folks talking about lawsuit 3 months ago after the visa bulletin. That thread ran 9 pages and nobody did anything. 2 months ago again people talked about lawsuit and hunger strike. Nobody did anything. So it is not going to happen. Are you willing to spend thousands and keep going to courts or testify? Are you ok with your greencard application be used as an example and allow USCIS to scrutinize it?
This talk about lawsuit is all gas.
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gagbag
06-14 12:10 PM
My hearty congratulations to all the "LEGAL" workers who can file the 485 on July 1. Also to those who now have some hope in "LEGAL" process.
I consider this movement as a lottery to people who came here legally and had the patience to go through the painstaking process.
Moving on I think we need to understand the following aspects:
1. Implication on H1 B requirement / extension during this process
2. Impact on Travel to home country during this process
3. Processing timeline of recurring EAD and Green Card
My views are that due to enormous amount of applications coming in this and next month 485 department will be over allocated and we will certainly see a back log moving from "priority dates" to actually getting the EAD and other docs. So it might actaully result in a year - year long wait just for getting EAD.
I am not also clear on when can travel back and forth to India with 485 pending.Finally do I need H1 B when I have EAD or not.
Hope this forum has many people with these questions now.
But again this is huge day for immigrants especially Indians as we were the most backlogged in the whole world. Make sure you book medical appointments as there going to be a bombadment for these requests.
Gagan:D :)
I consider this movement as a lottery to people who came here legally and had the patience to go through the painstaking process.
Moving on I think we need to understand the following aspects:
1. Implication on H1 B requirement / extension during this process
2. Impact on Travel to home country during this process
3. Processing timeline of recurring EAD and Green Card
My views are that due to enormous amount of applications coming in this and next month 485 department will be over allocated and we will certainly see a back log moving from "priority dates" to actually getting the EAD and other docs. So it might actaully result in a year - year long wait just for getting EAD.
I am not also clear on when can travel back and forth to India with 485 pending.Finally do I need H1 B when I have EAD or not.
Hope this forum has many people with these questions now.
But again this is huge day for immigrants especially Indians as we were the most backlogged in the whole world. Make sure you book medical appointments as there going to be a bombadment for these requests.
Gagan:D :)
Jaime
09-08 01:42 PM
OK, the poll has not been a huge success :) but, for the person who voted "need more solid reasons to attend" the rally, here is the most solid reason: It's your dignity, freedom and right to speak up! You can make a change! TOGETHER we can! Will you attend? PM me if this reason is still not good enough, and we can talk. I am willing to work with you and help you in any way so you can attend!
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go_guy123
08-21 05:24 PM
I guess it depends... I would prefer to slog with weather in Canada for 3 years and get citizenship instead of stuggling for 4-5 years with desi consultanting company to get GC. My sixth year is about to start in december 2009 and employer has told that they will not sponsor GC. I am planning to take citizen ship from Canada and then move back to India. That way, anytime I want to come back to US/Canada doors will be open. I guess, there is no right or wrong answer, its a matter of choice.
Plus you children will also have option of deriving Candian citizenship from you but but...
they will also be in EB2/3-India. Just a thought
Plus you children will also have option of deriving Candian citizenship from you but but...
they will also be in EB2/3-India. Just a thought
more...
gg_ny
07-07 01:35 PM
Just curious, and thinking loud: if there is a limited and reduced number of H1B workers come in, in the long run the number of applicants for permanent residency will be shrinking too (at least EB category). To reduce EB GC applications, and preserve the americanness of the employee-pool, this seems to be a nice and covert trick, at least to me. Let few people come for 6 years, and so fewer may remain as GC holders. Maybe I am missing something here.
murali3000
10-01 04:02 PM
Does any one filed saying why you need AP.
Where do you find the information where to mail you application and documents ?
I filed my I485 nebraska , do i need to send there ?
Where do you find the information where to mail you application and documents ?
I filed my I485 nebraska , do i need to send there ?
more...
felix31
08-06 10:12 AM
whats ur country of chargeability? pls update that in your profile.
I am EB3 ROW..:(
I guess, in the vast scheme of things, getting biometrics (even with past appointment date) is much better than having to battle the .."GC approved when PD is not current"..situation. :mad:
at least, company's att sent h1B under premium processing. If all goes well I plan to come back before they re-schedule biometrics...
I am EB3 ROW..:(
I guess, in the vast scheme of things, getting biometrics (even with past appointment date) is much better than having to battle the .."GC approved when PD is not current"..situation. :mad:
at least, company's att sent h1B under premium processing. If all goes well I plan to come back before they re-schedule biometrics...
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Tito_ortiz
12-01 02:34 PM
From talking to dozens of people I have met in my MBA program, including folks from MIT, Harvard, etc my lesson tells me this:
If you work in financing or executive positions - for example if you plan to work as a financial analyst at Wall Street - then yes, it makes sense investing in schools which are highly ranked.
For those of us coming from IT related positions and now aspiring to move into project management roles, even IT directorship or CTO position, then ranks become very, very irrelevant. I agree at that point a good MS in information management or MS in telecommunications would be a better deal followed by inexpensive PMP type of courses which you could pay from your own pocket.
If you get an MBA from Sloan or Wharton or Harvard or Berkeley, nothing like it. I know of few people who have not done very well after getting MBAs from these schools. If you want to continue writing comp. programs, then of course there is no need for it. But how many people want to do it forever?
But I agree with Tito to some extent. Especially, if the degree is from even a slightly lower ranked school like Arizona or Northwestern, the returns are not there, and there is a great deal of evidence in that direction.
Having actually studied this data (and being in the business of teaching) gives me some perspective.
But it's still just my 2 cents.
If you work in financing or executive positions - for example if you plan to work as a financial analyst at Wall Street - then yes, it makes sense investing in schools which are highly ranked.
For those of us coming from IT related positions and now aspiring to move into project management roles, even IT directorship or CTO position, then ranks become very, very irrelevant. I agree at that point a good MS in information management or MS in telecommunications would be a better deal followed by inexpensive PMP type of courses which you could pay from your own pocket.
If you get an MBA from Sloan or Wharton or Harvard or Berkeley, nothing like it. I know of few people who have not done very well after getting MBAs from these schools. If you want to continue writing comp. programs, then of course there is no need for it. But how many people want to do it forever?
But I agree with Tito to some extent. Especially, if the degree is from even a slightly lower ranked school like Arizona or Northwestern, the returns are not there, and there is a great deal of evidence in that direction.
Having actually studied this data (and being in the business of teaching) gives me some perspective.
But it's still just my 2 cents.
more...
PlainSpeak
03-29 05:43 PM
Hi,
You gulti bitch...one more time I see you fight on the forum...I am going to simply put my cock in your mouth and shut it. You want cojons...how many you take every day you ass hole. Learn to talk decently on the public forum. If you want cojons send me your address...I will come and tear your pussy.
You low life gulti bitch. stay away from here or from Ron's blog.
M Bolti K Bund L ?????
What are you blabbering you low life scum bag...so many people fucked ur pussy? it stinks now.
Ha Ha Ha Ha !!!!!
I see you have no guts to say the same in a public thread, only in IM's :p:p:p ...
Poor Poor Poor man so sick in the head.
Some one get this man admitted to a mental hospital and in the same process wash hsi mouth with soap
Yes ass hole...I am not as bad as you to talk about cojons on the publich forum. If u have the guts post ur address and so many will come and tear ur pussy. Is it so baddly....u low life bitch. You are a disgrace for entire humanity.
Does IV tolerate this ..... ???
Will IV fix this or should i fold up my sleeves and take care of poorslumdog myself.
Kyunki .....
gaali hume me aaati hai or aise gali ki sunke poorslumdog aatmahatya karlega
aur agar shooru karungi to uska aisa bura haal hoga, Phir nahi kehana ki PlainSpeak ne gaali di
Trasalation
If IV does not take care of this then you will start seeing abuses from me and when i start i will not stop
You gulti bitch...one more time I see you fight on the forum...I am going to simply put my cock in your mouth and shut it. You want cojons...how many you take every day you ass hole. Learn to talk decently on the public forum. If you want cojons send me your address...I will come and tear your pussy.
You low life gulti bitch. stay away from here or from Ron's blog.
M Bolti K Bund L ?????
What are you blabbering you low life scum bag...so many people fucked ur pussy? it stinks now.
Ha Ha Ha Ha !!!!!
I see you have no guts to say the same in a public thread, only in IM's :p:p:p ...
Poor Poor Poor man so sick in the head.
Some one get this man admitted to a mental hospital and in the same process wash hsi mouth with soap
Yes ass hole...I am not as bad as you to talk about cojons on the publich forum. If u have the guts post ur address and so many will come and tear ur pussy. Is it so baddly....u low life bitch. You are a disgrace for entire humanity.
Does IV tolerate this ..... ???
Will IV fix this or should i fold up my sleeves and take care of poorslumdog myself.
Kyunki .....
gaali hume me aaati hai or aise gali ki sunke poorslumdog aatmahatya karlega
aur agar shooru karungi to uska aisa bura haal hoga, Phir nahi kehana ki PlainSpeak ne gaali di
Trasalation
If IV does not take care of this then you will start seeing abuses from me and when i start i will not stop
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GCBy3000
02-12 11:43 AM
Simple, the power will shift from Rep to Dem from Feb 15th(not sure about this date). So we have to to find a lobbying firm which is close to Dems.
IV go ahead and work on our cause. Some people will lose confidence as if you have guaranteed them something.
For MEMBERS,
IV is a group with folks like us. THey are also working like us and TRYING to get something passed for US. NOTHING is guaranteed by them. They do not have million dollars in their kitty to do the lobbying. What they have is mere 8000+ members in this org and mere 200+ monthly contributing members. What you can expect from them with this kind of support in US. This is not a thrid world country where you can go and bribe to get your job done. You need strong organization with good relationship with lawmakers. To get that, IV needs funds. Nothing would be guarnteed and this should be set in back of your mind. We can expect just the 100% positive efforts to solve the problem we have from IV. This is enough.
ok, i am beginning to lose confidence now... first no i-485 relief and now wait till CIR>.....last year, CIR turned out to be a big circus....i hope this time something productive happens....
why are we changing lobbying firm? what do you mean it is a strategic decision?
are we dissatisfied with our lobbying firm? pm me if you can post on public forum..
but we need answers....this leadership is going nowhere now......
IV go ahead and work on our cause. Some people will lose confidence as if you have guaranteed them something.
For MEMBERS,
IV is a group with folks like us. THey are also working like us and TRYING to get something passed for US. NOTHING is guaranteed by them. They do not have million dollars in their kitty to do the lobbying. What they have is mere 8000+ members in this org and mere 200+ monthly contributing members. What you can expect from them with this kind of support in US. This is not a thrid world country where you can go and bribe to get your job done. You need strong organization with good relationship with lawmakers. To get that, IV needs funds. Nothing would be guarnteed and this should be set in back of your mind. We can expect just the 100% positive efforts to solve the problem we have from IV. This is enough.
ok, i am beginning to lose confidence now... first no i-485 relief and now wait till CIR>.....last year, CIR turned out to be a big circus....i hope this time something productive happens....
why are we changing lobbying firm? what do you mean it is a strategic decision?
are we dissatisfied with our lobbying firm? pm me if you can post on public forum..
but we need answers....this leadership is going nowhere now......
more...
cygent
07-18 08:29 PM
On the same evening.....Seeta and Geeta are shopping for tamarind in a nearby aisle....for some reason (I cant be more vivid than this) they notice eachothers tatto's; one has EB3 and one has EB2..........CATFIGHT!!!!!!!!!!!!!!![/I]
In this case the Eb3-I tattoo is more like a tramp stamp :D based on what is happening to these folks now. I know, I am one of them :rolleyes:.
In this case the Eb3-I tattoo is more like a tramp stamp :D based on what is happening to these folks now. I know, I am one of them :rolleyes:.
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Caliber
04-10 04:09 PM
Sanjus is comparing apples to oranges. ie, comparing IV to Comcast?
Reddog: We discussed enough on this Donor and Freeluncher's. You decided not to pay. Why still keep arguing about it?
Why not you provide free lunch to your neighbor's every day? Over a period of time, those neighbor's will think it is their right to get Free lunch from you.
If you are a student and not earning, you have every right to request for free access. You claim to be Highly educated and earning and you still want free ride?
Reddog: We discussed enough on this Donor and Freeluncher's. You decided not to pay. Why still keep arguing about it?
Why not you provide free lunch to your neighbor's every day? Over a period of time, those neighbor's will think it is their right to get Free lunch from you.
If you are a student and not earning, you have every right to request for free access. You claim to be Highly educated and earning and you still want free ride?
more...
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indyanguy
06-25 05:02 PM
The LUD on my EAD app is 06/16/2008. I hope they forget about it for another week ;)
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gopinathan
07-18 01:25 PM
Gurus,
I applied for tax return with my cousin as dependent. I am H1B on a project working for MNC, spouse in H4 and my cousin is doing his MS on F1. Since my wife has only ITIN, my understanding is that there is NO stimulus payment for me and my cousin will loose his $300 as he is claimed as dependent. last week, my cousin got a letter from dept of treasury that his stimulus payment is on the way and sure enough, couple of days later, a check for $300 is waiting for him.
Is this normal that a person with a SSN who filed his return as dependent get stimulus benefit? just checking if anyone else got one like this.. does this mean I can expect $300 for myself being on H1B with SSN also?
thanks for any suggestions..
I applied for tax return with my cousin as dependent. I am H1B on a project working for MNC, spouse in H4 and my cousin is doing his MS on F1. Since my wife has only ITIN, my understanding is that there is NO stimulus payment for me and my cousin will loose his $300 as he is claimed as dependent. last week, my cousin got a letter from dept of treasury that his stimulus payment is on the way and sure enough, couple of days later, a check for $300 is waiting for him.
Is this normal that a person with a SSN who filed his return as dependent get stimulus benefit? just checking if anyone else got one like this.. does this mean I can expect $300 for myself being on H1B with SSN also?
thanks for any suggestions..
more...
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GC08
06-02 05:07 PM
This sounds unfair. Because of the backlogs, you have waited 6 years. Now you got laid off and you lost everything. Would that be the situation if there was no backlog and you were able to get your green card within, say 2 or 4 years?
I think those government agencies should take responsibilities and compensate for your loss.
Anyone thought about that?
:mad:
I think those government agencies should take responsibilities and compensate for your loss.
Anyone thought about that?
:mad:
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JunRN
09-13 09:32 PM
Something can happen if we have a Democrat Congress which is filibuster-proof, meaning > 60% of total membership must be Democrats, AND a Democrat President, then something good could happen for us. It might not be exactly what we like because "undocumented" will get the same as well, but atleast also get what we want.
Nothing good will happen for us if we have a Republican Congress and Republican President. They will just make life hard for all of us --legal or undocumented alike. If we are having a hard-time getting a Driver's License right now, then expect worse if this combination happens next year plus the continuing recession.
Republican Congress + Republican President + Recession = NIGHTMARE FOR IMMIGRANTS
They will put all the blame on us, which is already happening right now.
Nothing good will happen for us if we have a Republican Congress and Republican President. They will just make life hard for all of us --legal or undocumented alike. If we are having a hard-time getting a Driver's License right now, then expect worse if this combination happens next year plus the continuing recession.
Republican Congress + Republican President + Recession = NIGHTMARE FOR IMMIGRANTS
They will put all the blame on us, which is already happening right now.
more...
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nrakkati
03-20 10:51 PM
H1 doesnt work as you are interpreting. OP was working for 'A' and had a valid H1. At some point of time, he got a job offer from X and had his H1 transferred to X. Even though his new H1 is approved, his old H1 is still valid. It is valid as long as OP doesnt join X. Since the OP never left A and never joined X, he was always in status. OP -> this should be a simple case. Since you have documentation to prove that you were in status always and since you never joined X , you dont have paystubs and that should be perfectly fine as long as you never left A.
Thanks dilbert_cal.
Thanks dilbert_cal.
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cessua
06-14 01:48 PM
This seems to be a very good site with stats on approvals.
http://www.immigrationwatch.com/
http://www.immigrationwatch.com/
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eers
07-23 02:30 PM
I do not recommend Attorney Richard Prinz , Houston.
In my experience he is terribly slow, do not communicate with clients , do not pay attention to details.
His incompetence , has caused a colleague to miss the opportunity to file I485 before the retrogression kicked in july 2004 (?) and poor guy had to wait 3 years until jun 2007 to file his I485.
He hasnt filed I1485 yet ,for 2 cases from our firm, with PD current in June 07 , though the docs were provided with all the forms filled by mid june.
Once he collects the money he does not entertain any communications and says "your if u send me email or call about the case it will be further delayed".
His lack of attention caused me a denial on my I140.
I did not know abt these cases before i I had to deal with delays and denial in my own case.
He has only 2 admin assistants in the office. He still uses an aol dialup connection ,so you can imagine how updated he is.
Its frustrating when u need to be at lawyers mercy to get your case filed after paying big $$.
In my experience he is terribly slow, do not communicate with clients , do not pay attention to details.
His incompetence , has caused a colleague to miss the opportunity to file I485 before the retrogression kicked in july 2004 (?) and poor guy had to wait 3 years until jun 2007 to file his I485.
He hasnt filed I1485 yet ,for 2 cases from our firm, with PD current in June 07 , though the docs were provided with all the forms filled by mid june.
Once he collects the money he does not entertain any communications and says "your if u send me email or call about the case it will be further delayed".
His lack of attention caused me a denial on my I140.
I did not know abt these cases before i I had to deal with delays and denial in my own case.
He has only 2 admin assistants in the office. He still uses an aol dialup connection ,so you can imagine how updated he is.
Its frustrating when u need to be at lawyers mercy to get your case filed after paying big $$.
munnu77
03-17 11:13 AM
The option to file 485 after labor approval before priority dates become current is not present. It is not present in specter's bill either. It was present in S.1932 but current bills do not have that provision. I hope someone brings in an amendment to include this feature. This would help greatly for most of us.
if this presesnt clauses r there..i think its enuf for us to et the dates current...recapturing unused visas and increasing visa numbers
if this presesnt clauses r there..i think its enuf for us to et the dates current...recapturing unused visas and increasing visa numbers
small2006
08-08 01:08 PM
:(
Hi folks,
Here's my situation:
Currently applied for 485 and waiting for receipt
Will be applying for EAD/AP this week.
I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.
Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.
The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.
Coming to my question re H1B:
My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.
Please advice. Anything will help.
Thanks in advance.
Hi folks,
Here's my situation:
Currently applied for 485 and waiting for receipt
Will be applying for EAD/AP this week.
I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.
Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.
The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.
Coming to my question re H1B:
My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.
Please advice. Anything will help.
Thanks in advance.
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