aph0025
11-12 09:41 AM
Hi Gurus,
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
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deepimpact
02-11 01:03 PM
Most of Eb2 ( Not all ) are qualified for STEM and may release up to 30k visas each year to EB3. that will clear Eb3 backlog in 1-2 years. Don't forget that we have some Eb3 people with STEM degree too.
Actually almost all of EB1A and B will also qualify for STEM and add about 20-30K more each year for spillover.
Actually almost all of EB1A and B will also qualify for STEM and add about 20-30K more each year for spillover.
Ramba
03-15 11:18 AM
Filing 485 during visa unavailability, should not be the concern in this bill. Why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category. Specter removed very important provision that eliminate per country limit in EB visas for oversubscribed countries. This is a big blow to India, China. It will stop all the benefits from this bill.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill
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vnsriv
07-19 01:53 PM
I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
more...
pt326bc
09-27 10:36 AM
Same issue with me.
Different A# on I 140 and the I 485 receipt notice. The A# on the FP notice is the same as the I 485 receipt notice.
I have emailed the paralegal handling my case and she said she'll confirm with the lawyer and get back to me.
BTW my I 140 A# starts with 088 and the I 485 receipt notice starts with 094.
Don't know what that means.
Will keep you guys updated with whatever my lawyer sends me back.
Regards.
Different A# on I 140 and the I 485 receipt notice. The A# on the FP notice is the same as the I 485 receipt notice.
I have emailed the paralegal handling my case and she said she'll confirm with the lawyer and get back to me.
BTW my I 140 A# starts with 088 and the I 485 receipt notice starts with 094.
Don't know what that means.
Will keep you guys updated with whatever my lawyer sends me back.
Regards.
ksircar
06-11 11:55 AM
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don’t be ignorant and its your right to ask the question don’t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don’t count me as anti – immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
:mad:
You are right ... the core team is possibly working for their own benefits (and that also within closed doors). Just remeber the core group (only 10/12 people) are not the only persons affected by backlog and retrogression. So even if they work for their own benefits, that will indirectly benefit people like you and me. Instead of screwing the core group, why don't you ask them how you may offer your service to IV.
I am too in the same GC queue with I140 and I485 filed and pending, so don’t count me as anti – immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
:mad:
You are right ... the core team is possibly working for their own benefits (and that also within closed doors). Just remeber the core group (only 10/12 people) are not the only persons affected by backlog and retrogression. So even if they work for their own benefits, that will indirectly benefit people like you and me. Instead of screwing the core group, why don't you ask them how you may offer your service to IV.
more...
Legal
08-03 12:42 PM
There should be a box for A number, is it blank?
I remember seeing this discussion more than a year ago. Some have A#, some don't.
My 485 notice has an A number next to "beneficiary" box with my name, 140 has name mentioned in the "applicant" box but no number.
They won't adjudicate 485 without fingerprints, but you have them done already, doubt this will be an issue.
I remember seeing this discussion more than a year ago. Some have A#, some don't.
My 485 notice has an A number next to "beneficiary" box with my name, 140 has name mentioned in the "applicant" box but no number.
They won't adjudicate 485 without fingerprints, but you have them done already, doubt this will be an issue.
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MahaBharatGC
08-15 10:22 AM
I dont think that the priority dates will become current by next year october for 2003. I really pray for that to happen as we are all going to go through...
We all know that working as a consultant without GC is very risky when market goes down.
So, play your cards safe....
We all know that working as a consultant without GC is very risky when market goes down.
So, play your cards safe....
more...
ItIsNotFunny
09-09 04:20 PM
While on EAD, what type of entity (LLC, S Corp, C Corp) is the best one?
S Corporation. For detailed information visit LegalZoom.com. Make sure you just get information from there, don't go through them.
S Corporation. For detailed information visit LegalZoom.com. Make sure you just get information from there, don't go through them.
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akilaakka
07-13 11:17 AM
Checklaw,
By Law, you must apply for an intended travel.
However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.
I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.
Thanks
Senthil
By Law, you must apply for an intended travel.
However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.
I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.
Thanks
Senthil
more...
abhijitp
02-15 10:49 AM
^^
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GCHope2011
02-05 06:31 AM
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
Congrats ivar - you are now a free man!!
My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
Congrats ivar - you are now a free man!!
My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.
more...
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GCisLottery
11-02 10:35 AM
Folks,
Please don't give wrong information so authoritatively :)
Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.
If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.
Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).
Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
Please don't give wrong information so authoritatively :)
Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.
If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.
Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).
Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
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santb1975
02-17 01:02 PM
We look forward to seeing everyone there
more...
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sands_14
09-23 09:59 AM
I e-filed my EAD and AP;but when I sent the supporting documentation to the PO Box in Mesquite,Texas;it was not delivered on Friday,a notice was left.I am very anxious if it comes back.Is there a Phone Number I can call to ask them Reason for Non-delivery;what should I do???Is there an address different from the PO Box where I can FEDEX
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reddy_h
08-14 04:04 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
I am really sorry for you, buddy. This is a stupid mistake by USCIS. Atleast they rejected your wife's application before Aug 17th so now you can refile. But I would advise you to send separate checks now. Even if EAD or AP applications are not properly filed, they will atleast accept I-485 if you send separate checks.
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
I am really sorry for you, buddy. This is a stupid mistake by USCIS. Atleast they rejected your wife's application before Aug 17th so now you can refile. But I would advise you to send separate checks now. Even if EAD or AP applications are not properly filed, they will atleast accept I-485 if you send separate checks.
more...
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maximus
11-07 12:38 PM
Yeah uscis is pin pointing from anything to everything. Some case they are asking for client letters, which is usually tough for a consultant to get, but nothing to worry for genuine cases.
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gxr
10-01 03:29 PM
Anyone with Oct 06 or earlier RD still waiting for I-140 approval?
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gcwait2007
06-06 04:54 PM
Hi
I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.
But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.
They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.
Do i stand any chance if i contact DOL or a lawyer not payin' them.
Any suggestions or help would be greatly appreciated.
mk58581:
First of all, you have provided incomplete details. It appears that you are at fault for having signed an contract, with out understanding the consequences.
Please mention clearly whether the contract is an employment offer? or a specific contract engagement (CON_W2) hour?. If so, what are the remuneration terms, termination terms, etc. I do not understand where is the Vendor relationship coming from? Every contract is give and take. It is definitely possible to find solution to such kind of problems. If the employer is cornering you for refund of expenses incurred, then you may have to find ways to corner him/ them if any of the contract terms were not fulfilled. One good reason can be asking for salary since commencement of employment with Employer. Whether you are in bench or not, the employer is expected to pay you. I hope you have been submitting your timesheets in a timely manner. Please keep those copies for handy incase you need to take up the matter with DOL. You need to talk some seasoned friends, who can help you to draft suitable reply to your employer. You don't need an attorney at this stage.
I wish you Good Luck.
PS: Your English is funny, I had to read your post few times to understand what you have written nuthin'; sayin'; jst bcoz tht piece
I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.
But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.
They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.
Do i stand any chance if i contact DOL or a lawyer not payin' them.
Any suggestions or help would be greatly appreciated.
mk58581:
First of all, you have provided incomplete details. It appears that you are at fault for having signed an contract, with out understanding the consequences.
Please mention clearly whether the contract is an employment offer? or a specific contract engagement (CON_W2) hour?. If so, what are the remuneration terms, termination terms, etc. I do not understand where is the Vendor relationship coming from? Every contract is give and take. It is definitely possible to find solution to such kind of problems. If the employer is cornering you for refund of expenses incurred, then you may have to find ways to corner him/ them if any of the contract terms were not fulfilled. One good reason can be asking for salary since commencement of employment with Employer. Whether you are in bench or not, the employer is expected to pay you. I hope you have been submitting your timesheets in a timely manner. Please keep those copies for handy incase you need to take up the matter with DOL. You need to talk some seasoned friends, who can help you to draft suitable reply to your employer. You don't need an attorney at this stage.
I wish you Good Luck.
PS: Your English is funny, I had to read your post few times to understand what you have written nuthin'; sayin'; jst bcoz tht piece
jliechty
June 6th, 2005, 07:42 AM
Some colors are really hard to capture without blowing out in certain situations, like this. Other than spot metering (or pseudo-spot metering like Kevin suggests), what you could do is bracket more downward, and use a RAW converter that shows a three color histogram (I wish all cameras had three color histograms - those that do are either not right for me - Sigma SD10 - or expensive - D2x, 1DsMkII?) to ensure that you don't blow out any one channel in the conversion. Of course, you'll be pulling up the shadows more if you do this, so I hope your camera has good shadow noise performance (mine doesn't).
gc_chahiye
09-23 02:11 AM
Gurus,
Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:
1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?
2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?
3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?
Thanks.
- BharatPremi
1. we also only have the copies of our receipts. Lawyers say the originals are property of the employer. Does not matter I think, as what we needed were the receipt numbers to track status, and a copy in case we communicate with USCIS (if we communicate with USCIS for something, we'll only include a copy of the receipt, dont need original). If you ever feel you need the original receipt (esp. of the 485) you can point them to the regulation that says you need original 485 receipt if you travel when you have AOS pending. there was a thread earlier on IV, and also lots of Google references:
http://www.google.com/search?q=%22is+in+possession+of+the+original%22+tr avel+adjustment&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230
2. people have got receipts (even fingerprinting notices, appointments) weeks apart from their co-applicant. I would say hang on a week before you contact uscis.
3. our receipt also had the PD field blank. Apparently thats normal
Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:
1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?
2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?
3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?
Thanks.
- BharatPremi
1. we also only have the copies of our receipts. Lawyers say the originals are property of the employer. Does not matter I think, as what we needed were the receipt numbers to track status, and a copy in case we communicate with USCIS (if we communicate with USCIS for something, we'll only include a copy of the receipt, dont need original). If you ever feel you need the original receipt (esp. of the 485) you can point them to the regulation that says you need original 485 receipt if you travel when you have AOS pending. there was a thread earlier on IV, and also lots of Google references:
http://www.google.com/search?q=%22is+in+possession+of+the+original%22+tr avel+adjustment&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230
2. people have got receipts (even fingerprinting notices, appointments) weeks apart from their co-applicant. I would say hang on a week before you contact uscis.
3. our receipt also had the PD field blank. Apparently thats normal
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