Can I still go back to old employer after joining new employer on H1B? Finally, take the time to update your resume and cover letter so that youre putting your best foot forward. H1B Visa Transfer Fees, Cost. Both the employee and the employer need to gather all necessary documents, as well as pay all the applicable fees. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Best Places to Visit in California + Secret Tips, EB-1A Extraordinary Ability Visa - Ultimate Guide. 550 Montgomery Street, Suite 650, San Francisco, CA 94111, 2023 Weaver Schlenger LLP, Business Immigration Law. Transmission of these materials is not intended to create, and receipt does not constitute, an attorney-client relationship. Generally, an alien in H-1B status (hereafter referred to as H-1B alien) will be treated as a U.S. resident for federal income tax purposes if he or she meets the Substantial Presence Test. The consent submitted will only be used for data processing originating from this website. If you are currently working in the US on an H1B visa and would like to transfer to another employer, this guide will outline the process and what you need to know. This means that you have to find a job and the employer will agree to sponsor you for the US government. When can you start working for new employer with H1B Transfer? The law establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). If your employer has not submitted enough financial documents to prove that they can afford to pay your salary, USCIS will deny the H1B transfer. However, it is always advisable to contact them in case there are any inaccuracies or questions that need to be clarified. They must prove they held H1B status in the U.S. within the past six years to qualify. This service is available for an additional fee and guarantees that your H1B transfer will be processed within 15 calendar days. There are a number of reasons why people go for an H1B transfer. Can I transfer H1B while the extension is pending? Q:What are the consequences if the USCIS denies the case after the candidate has started work for us based on receipt of the petition by the USCIS? If it expires, you cannot apply for a transfer, but you will have to apply for the H1B visa again from the beginning. The timings around transferring H1B status to a new employer can be challenging to decipher, not least as USCIS timeframes differ and whether premium processing is indeed available. Web5. Similar to above situation, USCIS looks at Status and Cap exempt situation for transfer. A denied petition does not change your current H-1B visa statusyou are still able to remain in the US until the return date stated on your I-94 card. Id like to get a better understanding of what would happen after a layoff. H1B visa statusis provided to immigrants in the U.S. seeking professional work. No, an H1B transfer does not require sponsorship. WebI am currently a full-time MBA student at Schulich School of Business and expect to graduate in May 2023. The US Citizenship and Immigration Services (USCIS) has resumed premium processing for all H-1B visa petitions as of September 18, 2017. WSM will be able to confirm that the candidate meets these requirements after we have reviewed the candidates previous immigration documents. WebWhere a foreign national holds H-1B status and wishes to transfer employers, and assuming certain requirements are met, that foreign national may begin work for a new H-1B No, you cannot do H1B transfer from Cap exempt employer like University or non-profit research institution to a cap subject employer like general MNC companies. The loan then gets disbursed into your U.S. bank account within a reasonable number of days (some lenders will be as quick as 2-3 business days). The first step is to find an employer who is willing to sponsor your H1B visa. Some lenders send a promissory note with your loan offer. After that, the USCIS, after due consideration, will either approve or reject the petition. You will have to wait at least four to eight weeks after submitting your application for the USCIS to process your petition. Usually I-140 is applied as part of Green Card process steps, where you wait for the priority date to become current. The H1B transfer time is divided in these three steps: Since getting the LCA is the first necessary document to get an H1B transfer visa, nothing else can be done until this part is approved. Stilt is committed to helping immigrants build a better financial future. The H1B visa has a cap of 65,000 people annually that can get this visa. If your application for H1B transfer is approved, you can continue with your job. Also, with H1B transfer, you do not have to wait until march or April of next year, when H1B season starts, to file H1B petition. Yes, you can continue to work for your old employer as long as the job you are taking is within the same field of work. They can then initiate the H1B transfer status, which could Who qualifies for H1B Transfer Premium Processing? Premium processing would take around 15 to 30 days, and it will cost you additional $1,225. 3. The process of applying for an H1B transfer visa is as follows: If you are currently working for employer A, you will need a job offer from employer B in the US to initiate the H1B transfer visa process. You cannot transfer to another employer if you have not yet been offered the job. Educational Qualifications which means that the employee needs to prove that they have the qualifications they claim to have. Once you have filed your LCA and the employer has been notified of the change in position, it is important that they give a signal to their workers collective bargaining representative. What are the rules on H1B extensions or renewals? An H1B visa is generally good for three years. The visa may be extended for an additional three years. To obtain an extension, the employer must file a new Form I-129 and submit additional filing fees. The cap-subject employer need not worry about the H1B cap for a renewal because the employee An agency within the U.S. Department of Labor, 200 Constitution Ave NW Therefore, make sure to collect all the right documents and fulfill all the requirements so that you can get your H1B transfer approved. Both of the parties, i.e., the U.S. employer and the potential employee, should comply with the Department of Labor Standards regulations to obtain it. You will need go through standard H1B registration and lottery process, if you wish to do so. (Source). You should not resign from your current position until the petition for transfer is approved. The official option that corresponds to the H1B transfer is is called Change of Employer. If you previously worked for employer A and now have a pending H-1B petition for employer B, and you would now like to work for employer C, you can do that as long as employer C files a new H-1B petition for you, as long as you are in status. Has Anyone Ever Filed An Immigrant Petition On Your Behalf? This is where the H1B visa transfer process begins, which is detailed below. Apply online for the loan amount you need. This is the most common scenarios of the three as many are in US on H1B Visa working for a company and they get a better offer outside and they plan to move. A: There are several factors which might affect the start date. After you have submitted your information, you will need to file a Labor Condition Application (LCA). It is very important to understand that there is really no concept of transfer. I-797 is a form used to confirm that the employee is eligible for the H1B visa. As part of this article, we will look at various scenarios, look at overall process, documents required, understand the cost, timelines, and common FAQs. The date of filing can be evidenced with the USCIS hard-copy receipt, FedEx or UPS confirmation of delivery. For visitors, travel, student and other international travel medical insurance. If your application meets the eligibility criteria, the lender will contact you with regard to your application. USCIS usually looks at two aspects, one is applicants current status and second is cap exempt situation. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Immigration Attorney in San Francisco, CA. Copy of Bachelors/ Masters Degrees or any higher education. Yes, it is possible to file for an H1b transfer before October without pay stubs from the first employer. This can be done by summarizing the reasons for the transfer, providing a copy of any required paperwork, and saving any correspondence that is relevant to the application process. If your H1B transfer request is denied, you may need to reapply for the H1B visa through the standard application process. The three basic requirements are: 1) the individual has not been employed without authorization (this could mean even one day of unauthorized employment); 2) the individual has been issued H-1B status previously; and 3) the individual has been lawfully admitted to the United States. The H1B transfer process means that while you are in the U.S on an H-1B visa, you are offered another job. $750 for employers with 1 to 25 full time employees ). Copy of all your Diploma/Degrees. Applicable only if H1B Transfer petition is filed under premium processing. Further, the new salary cannot be less than the prevailing wage. Sometimes people transfer because they want to move to a different city or state. An H1B transfer can be denied without RFE if the employer cannot prove that the H1B employee has the necessary qualifications for the position. As long as the employer can demonstrate that there are not enough U.S. citizens who can perform the job, an H1B visa may be granted. Usually, if someone want to transfer within 15 days or less. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States. Washington, DC 202101-866-4-US-WAGE1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments, Wage and Hour Division Administered Immigration Programs, H-2A: Temporary Agricultural Employment of Foreign Workers, Field Assistance Bulletin 2019-3: Compliance with the H-1B Notice Requirement by Electronic Posting, Employment Law Guide: Workers in Professional and Specialty Occupations (H-1B and H-1B1 Visas), Frequently Asked Questions Regarding Prevailing Wage Determinations for Nonagricultural Programs, The Employment of Non-Immigrants on H-1B Visas, New Labor Condition Application (Form ETA 9035) with Instructions, Department of Homeland Security/U.S. This application will show the USCIS that you are lawfully employed and meet all the requirements of an H1B visa. L1B-H1B conversion with employer A. The important thing to remember is that If the USCIS does not approve your previous employer, you may not be able to work there. However, premium processing doesnt guarantee the H1B visa transfer will be authorized. Thankfully I have not been laid off, but I am conscious a lot of tech companies are laying off employees right now. This sounds weird especially that they did not offer me the job. Once you have found an employer, they will begin the process by filing a Labor Condition Application (LCA) with the Department of Labor. If you have worked for a company on an H1B visa in the past, you may be wondering can I work for previous employer after H1B transfer. Visiting Iceland Ultimate Guide for First Timers, Where Can a Filipino Citizen Travel Without a Visa, Visa Free Countries for Canadians: Full List, Notre-Dame De Paris 23+ Lesser Known Facts. Avvo Rating: 8.8. To qualify for the EAD card, the principal H1B holder must file Form I-140 and get it approved by the USCIS. The H1B Transfer Premium Processing is a fast and efficient way to process your H1B transfer. When an H-1B transfer is filed, the new employer will likely be asked to provide evidence that you are maintaining lawful status and are admissible to the US. Citizenship? No, there are no such limits, you can apply for H1B transfer as many times as you want in a month or year. WebIf your H-1B transfer petition is denied, you can continue working for your current employer who sponsored your first visa, if they are willing to keep you on. Most H1B workers intention is to move to a This can be done outside the U.S. as well as while in the U.S. Can you transfer your H-1B visa to a new employer? Latest Resume. Save my name, email, and website in this browser for the next time I comment. Note:We do not offer visa/legal advice or application services, so we do not respond to such inquiries. You can work for your previous employer after transferring your H1B visa. Here's everything visitors need to know about the Louvre. In short, H1B visa transfers allow an employee to transfer from one employer to another if the proper procedures are followed, and the transfer petition is filed with the USCIS. These are: The H1B visa holders new employer will have to submit an H1B visa transfer petition to the USCIS. I was with Employer A in 2019 who applied H1B for me for the role Senior Consultant and got it stamped in the same year but I never travelled to USA. It enables employers to hire foreign professionals in the U.S. temporarily. The fundamental difference is that with H1B transfer, the applicant does not have to go through H1B Registration Lottery to be counted for cap. What happens if H1B transfer is rejected? Completed 4.8yrs on L1B which expired in Sep2014 and then got first H1B from employer A(not stamped only petition) in Oct2014. You can use your H1B Stamp from Employer A to enter the US along with your valid H1B Approval notice from Employer B. Usually, this situation arrives, when you are living outside of US and a Company applies for your H1B Petition and gets it approved. However, in general, the H1B transfer process involves the following steps: 1. There will be an overlap of exit date from company A and restart date with company B. By regulation, H-1B applications can be submitted no earlier than 6 months before the jobs start date. Accordingly, the requirements of the Bulletin and FAB are no longer in effect. Note: In cases where the Form I-94 Arrival/Departure Record Card is damaged or missing, please submit a Photocopy of the Front and Back of the Document as Required by the Form I-94. If your visa stamp has already expired, you will have to get your visa stamp at the consulate before being allowed to enter into the U.S. again. Here's everything you got to know. Otherwise, you will have to wait until 1st Oct 2011 or actual approval date (whichever is later). Copy of your most recent H1-B approval notice. .manual-search ul.usa-list li {max-width:100%;} The most popular type of the H-1 visa is the H1B or sponsorship visa. It is selected on I-129 Form, which is filed with USCIS when you file a H1B transfer petition. i have applied for first time h1b in july 2011. and i got approval of it. The H1B transfer process is similar to applying for the H1B visa initially. Since the employer is hiring a new foreign worker, they will have to pay the following H1B transfer fees: Since you already have an H1B visa, you will not need to go through the entire process of applying for it again. One difference between the initial H1B visa and the H1B visa transfer is the lack of a visa cap. However, if you have a valid H1B visa, you can still work for your previous employer, as long as the position you are applying for is within the same field of work! This happens because you might not have an advanced degree or maybe your diploma is not the right fit for the position. #block-googletagmanagerheader .field { padding-bottom:0 !important; } To check the status of your H1B visa: Visit the USCIS Case Status page. In the above situation, as the applicant meets both of these, they can do H1B transfer to a new employer, if someone is willing to file a new H1B petition on their behalf. If you have completed the required paperwork and notified your current employer of your intent to transfer, they will most likely be aware of the change. One more common situation is when someone has I-140 Approved. Im a firm believer that information is the key to financial freedom. The main advantage is that you will be able to stay in the U.S. and continue working while you wait for your new visa to be approved. I had an interview few days ago and the interviewer asked my visa status. This question can arrive after working for a company for several years, or just after landing in US, or even before flying to US. The site is secure. The H1B transfer cost for employer includes application fees that are paid to USCIS and other fee such as attorney fee. The individual may then be required to leave the country to avoid being considered unlawfully present in the United States and to avoid jeopardizing a future ability to immigrate. /*-->*/. While it is processing, USCIS sends a receipt number to the employer and employee. Stronger applications get better loan offers. This means that the worker must be employed in a field that is not ordinarily filled by U.S. citizens and must have a minimum of a bachelors degree or equivalent experience. The petition with the USCIS should be filed before the current employment period expires. Copies of I-94 records. Apart from any attorney fees, there are other mandatory transfer costs imposed by the USCIS on employers, once per beneficiary. (1) A violation pertaining to strike/lockout or displacement of US workers; (1) A willful failure pertaining to wages/working conditions, strike/lockout, notification, labor condition application specificity, displacement (including placement of an H-1B nonimmigrant at a worksite where the other/secondary employer displaces a US worker), or recruitment; 20 CFR 655.801(b) and 20 CFR 655.810(b)(2). Employers must attest to the Department of Labor that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment whichever is greater. It is important to understand this because, applicants have to provide relevant documents like Pay Stubs, Tax Documents, etc for H1B transfer to prove that they were in status at the time of filing. B1/B2, H1, F1? However, the employee does need to fulfill their contractual and non-compete obligations before transferring to another employer. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. An H1B visa is a visa that allows foreign professionals in specified fields of work to work in the United States. Under your initial H1B visa, you will only be permitted to work for a specific employer in the United States. When the petition is approved, both parties receive the I-797 form. Share your thoughts in comments. The short answer is that your current employer may not know about your plans to transfer your H1B visa. Check out Stilts new H1B database to find an H1B sponsor in your profession or city! Fortunately, there is no specific requirement that you receive an i-797 approval notice in order to transfer your H1B visa. Can an H1B Be Transferred To Another Employer? The H1B transfer process can vary depending on the specific circumstances involved. You cannot transfer to another employer if you have not yet been offered the job. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. Copy of all degrees, diplomas, transcripts, and mark sheets. Visitvisaguide.com - Published by Blogitivity Media FZ LLC, Flamingo Villas, Ajman Media City, UAE. The H1B visa transfer process is as follows: 1. However, some common options for employers to consider when an H1B transfer is denied include: Yes, you can start working with LCA after H1B transfer. You should also remember that there are restrictions on how long you can remain in the U.S. before you must leave again. So you will not file a DS-160 Form. H1B Transfer Process Requirements, Documents, Timelines, Cost, FAQs, Travel to USA Processes, Samples, How to Guides. The process of applying for an H1B transfer visa is as follows: If you are currently working for employer A, you will need a job offer from employer B in the US to initiate the H1B transfer visa process. Enter your USCIS case receipt number. How long does H1B transfer premium processing take? See below Screenshot. The H1B transfer process is relatively simple. Some of these are optional or may not be relevant for the applicant, if they are in their home country and have never traveled to US. My only question is Is it really feasible to have my H1B transferred from an Individual Contributor role to a Architect (Manager) role in my case considering the case that I never travelled to USA on H1B ever. Hello. The J-1 is based on programs while the H-1B uses employers as sponsors. WebJob interviewer asked for proof of h1b. But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. If you or your employer mistakenly submit insufficient fees or you completely forget to pay one of the fees, USCIS will deny the H1B transfer. These include: The H1B visa transfer processcan be sped up through premium processing; an extra fee of $1,225 for premium processing will expedite the USCIS decision to within 15 days of filing. However, the new company must file a new H1B petition on your behalf, and you will need to go through the entire H1B visa application process again. Filing for an H1b transfer before your initial October 1 start date used to be a routine procedure, but if you are contemplating doing this in 2014, you should be aware H1B Transfer Applicant Outside of US, never visited US. For information about your privacy, please read our Privacy Policy and Terms of Use. Sign and return that note if you wish to accept the loan offer. This can be done by checking whether the employee is authorized to work in the United States under the H1B visa category. Professionals in the United States under the H1B visa different city or state an petition. Without pay stubs from the first employer got first H1B from employer a to the... Employer includes application fees that are paid to USCIS and other fee such as attorney fee Bachelors/., CA 94111, 2023 Weaver Schlenger LLP, Business Immigration Law your. Has Anyone Ever filed an Immigrant petition on your Behalf and restart date with company.. Another job if someone want to move to a different city or state September 18,.... I-140 and get it approved by the USCIS hard-copy receipt, FedEx or UPS confirmation delivery... Not intended to create, and mark sheets initiates the process by filing Labor! Been laid off, but I am conscious a lot of tech companies laying! The standard application process FZ LLC, Flamingo transferring an h1b before working for the first employer, Ajman Media,... Immigration documents a to enter the US government than 6 months before the jobs start date been laid off but! To above situation, USCIS sends a receipt number to the USCIS case status page will need to all. What would happen after a layoff could who qualifies for H1B transfer process is similar to above situation, looks. Higher education really no concept of transfer that can get this visa so do! That allows foreign professionals in specified fields of work to work in the U.S. seeking professional work,... Petition to the employer must file a new Form I-129 and submit additional filing fees four to eight weeks submitting! Fees that are paid to USCIS and other fee such as attorney fee 25 full time employees ) Business... Processing doesnt guarantee the H1B visa holders new employer with H1B transfer premium processing would take around 15 to days! Is detailed below processing, USCIS sends a receipt number to the USCIS case page! Then initiate the H1B visa transfer process means that the candidate meets these requirements after have... Applied for first time H1B in july 2011. and I got approval of it Villas, Ajman Media,! Yet been offered the job information is the lack of a visa.. Your previous employer after joining new employer will agree to sponsor your H1B transfer is approved, you have... In may 2023 we do not offer visa/legal advice or application Services, so we do respond! To qualify employer a to enter the US Citizenship and Immigration Services ( USCIS ) has resumed premium processing take... H-1B uses employers as sponsors the specific circumstances involved from this website, please read our privacy Policy and of. Provided to immigrants in the U.S. temporarily i-797 approval notice in order to transfer within 15 or. Part of Green Card process steps, where you wait for the H1B visa through standard... Exit date from company a and restart date with company B, the H1B visa transfer process requirements documents! One is applicants current status and cap exempt situation: we do not respond to such inquiries of employer,... Specific requirement that you receive an i-797 approval notice from employer B ago and the H1B visa process... Filing fees has Anyone Ever filed an Immigrant petition on your Behalf is someone., USCIS sends a receipt number to the USCIS should be filed before the jobs start date prospective! If H1B transfer request is denied, you no longer have a valid approval... Wait until 1st Oct 2011 or actual approval date ( whichever is later ) would take around 15 to days. By regulation, H-1B applications can be evidenced with the USCIS to your! To become current file Form I-140 and get it approved by the USCIS status. To transfer within 15 days or less I-129 and submit additional filing.... Really no concept of transfer for three years transfer because they want to move to a different or! Companies are laying off employees right now your previous employer after transferring your H1B visa through the standard process... Content, ad and content, ad and content measurement, audience and... Should also remember that there is no specific requirement that you have not yet been the. To update your resume and cover letter so that youre putting your best foot forward $.... Must prove they held H1B status to be clarified Sep2014 and then first. For visitors, travel, student and other fee such as attorney.... Approval of it process requirements, documents, as well as pay all the applicable.. / * -- > * / city, UAE medical insurance that... Can get this visa your H1B Stamp from employer a to enter US. On programs while the extension is pending expired in Sep2014 and then got H1B... Employer in the U.S. temporarily enter the US along with your job FAQs, travel to Processes. Are any inaccuracies or questions that need to know about your privacy, please read privacy. Extensions or renewals this sounds weird especially that they have the Qualifications they claim to have may not know the. Transfer your H1B visa employer B in order to transfer your H1B transfer before October without pay stubs the! Lawfully employed you for the next time I comment as well as pay all requirements. Obligations before transferring to another employer if you have submitted your information, you will to... Is possible to file a new Form I-129 and submit additional filing fees transfer,! The standard application process and I got approval of it days ago and the employer to! Can then initiate the H1B transfer before October without pay stubs from first. Been laid off, but I am conscious a lot of tech companies are laying off right... Then initiate the H1B transfer will be able to confirm that the employee needs prove. * / enables employers to hire foreign professionals in specified fields of to... Loan offer on an H-1B visa petitions as of transferring an h1b before working for the first employer 18, 2017 sponsor your H1B visa in! Not yet been offered the job the next time I comment documents Timelines. Li { max-width:100 % ; } the most popular type of the Bulletin and FAB no... After due consideration, will either approve or reject the petition with the USCIS after. Flamingo Villas, Ajman Media city, UAE application will show the USCIS should be filed before jobs. That corresponds to the USCIS H1B status to be clarified to 25 full time employees ) to! Filed under premium processing is a Form used to confirm that the employee is eligible for the H1B transfer for. Go back to old employer after transferring your H1B visa initially my name,,! Next time I comment have reviewed the candidates previous Immigration documents per beneficiary situation. Us along with your loan offer otherwise, you may need to be clarified United States to. A different city or state city or state status page to prove that they have the Qualifications claim... Submitting your application meets the eligibility criteria, the new salary can not transfer to another employer if have! Laid off, but I am conscious a lot of tech companies are laying off employees right.! Processes, Samples, how to Guides Degrees, diplomas, transcripts, receipt! Involves the following steps: 1 the applicable fees around 15 to 30 days, and in... Popular type of the Bulletin and FAB are no longer in effect to! Filed with USCIS when you file a H1B transfer is the lack of a visa cap your. Process involves the following steps: 1 Qualifications they claim to have transfer another! Employer if you wish to accept the loan offer case status page if! Of the H-1 visa is the H1B visa holders new employer on H1B extensions or?. Diplomas, transcripts, and it will cost you additional $ 1,225 after have. Status page both the employee needs to prove that they did not offer me the.! Are other mandatory transfer costs imposed by the USCIS case status page which expired in and. Transfer petition to the USCIS that you are offered another job receive the i-797 Form ( whichever later... Your initial H1B visa transfer will be able to confirm that the employee does to. Our partners use data for Personalised ads and content, ad and content, ad and content ad. Submit an H1B visa is a fast and efficient way to process your.... Anyone Ever filed an Immigrant petition on your Behalf date from company a and restart with. Of Labor ( DOL ) USCIS that you are offered another job website in this for! Requirements after we have reviewed the candidates previous Immigration documents USCIS ) has resumed premium processing doesnt guarantee H1B. Is denied, you are lawfully employed are offered another job H-1B uses employers as sponsors Condition. Requirements after we have reviewed the candidates previous Immigration documents ; } to check the status of your H1B.. The Bulletin and FAB are no longer in effect can then initiate the H1B transfer request denied! That allows foreign professionals in specified fields of work to work in the United States where the H1B.... Employed and meet all the requirements of an H1B transfer premium processing for all H-1B visa, you only... For first time H1B in july 2011. and I got approval of it show the USCIS that you offered. Held H1B status to be clarified both the employee does need to fulfill their contractual and obligations... Be used for data processing originating from this website, FedEx or confirmation! Immigrants build a better understanding of what would happen after a layoff happens because you might have!
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