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FREE Lawyer conference calls This forum is for asking questions from Immigration Attorney.
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IMPORTANT DISCLAIMER:
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By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

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  #1  
Old 04-18-2008, 03:44 PM
chanduv23 chanduv23 is offline
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
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Default Free EB Attorney Conf. Call : APRIL 26th, 2008

The recording for this conference call is now available on http://immigrationvoice.blogspot.com/

Members,
Attorney Prashanthi Reddy will be taking up questions as posed by members on this thread.

When:
12:00 hrs ( EST ), Saturday, 26th April 2008

Conference Details:
Dial-In #: 1-218-486-1300
Bridge: 348535

Members are requested to post questions only if they are planning to join the conference. If you have posted questions before, and your questions have not been taken up, you MUST post them again on this thread to be taken up.


NOTE: Questions from members with updated profile information will be taken up first, So, please take a moment to update your profile with all relevant information (name, address, WORKING email address and telephone number where IV can reach you, and your current GC stage). See

How to update your details on IV(Image): See this image----Click here: http://tinyurl.com/yt7fhy

Note that the Attorney may decline to answer some of the questions at her discretion.

Prashanthi may take up new questions impromptu on the call, so members are encouraged to participate in the conference call. However, members are advised to permit for questions already posed to be answered, and only then ask new questions.


Pre-requisites:
- Sign up on Immigration Voice. Make sure you provide all your details-click here to see what info needs to be completely entered!!!!(you may not be able to see this post otherwise)

What to include in your question:
Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.

Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship

Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.

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REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email them to us, to minimize the effort taken by us to clean up and send to the attorney. It provides a professional touch if we use formal, business English. (i.e., refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word, among other Word Processors provide excellent spell checkers and thesaurus options to help you with this.

IMPORTANT: PRIVACY AND CONFIDENTIALITY OF INFORMATION:

- There is no need to share your last name in the questions on this thread, or your corporate email addresses, or company names. You may chose to use a nickname or a nome-de-plume to identify yourself when you pose the question on this thread.

- You may want to pose questions from a personal computer (or personal internet connection). Neither Immigration Voice nor the attorney website posted here have control over editing if you mention or publish your email or your company names as part of any recordings or postings/transcripts. When members do send in this information with their questions, it only creates additional overheads to edit such information. If you indeed are mentioning your personal information over a conference call, do note that you are doing this at your own discretion and out of your own free will, and Immigration Voice or the featured Attorney Service is in no way liable for such information you have divulged at any time.

- Questions posed become the property of Immigration Voice or the featured Attorney Service for publication on the internet, print, voice or other media.


IMPORTANT DISCLAIMER:

By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer:

The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.

IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

SPOTS FILL UP QUICKLY. WE'RE ABLE TO TAKE UP AN AVERAGE OF 22 QUESTIONS PER CONF CALL. ONLY THE FIRST 25(MAX) QUESTIONS ON THIS THREAD WILL BE TAKEN UP DURING THE NEXT CONF CALL. HOWEVER, WE EXPECT YOU TO KEEP YOUR PROFILE UPDATED SO THAT YOUR QUESTIONS CAN BE CONSIDERED
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Last edited by chanduv23; 04-29-2008 at 09:08 AM.
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  #2  
Old 04-21-2008, 01:42 PM
chanduv23 chanduv23 is offline
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
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Join Date: May 2006
Posts: 4,194
Blog Entries: 1
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Default

The conference call is on, please post your questions on this thread
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  #3  
Old 04-21-2008, 01:50 PM
niklshah niklshah is offline
Senior Member
Priority Date
:
Jan-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
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:
I-485
I485 Mailed Date
:
07/01/2007
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Join Date: May 2007
Posts: 208
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Default EAD renewal

Before how many days we should renew EAD 120 or 90? what is the best way to renew it by mail or electronically?
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  #4  
Old 04-21-2008, 02:04 PM
trueguy trueguy is offline
Senior Member
Priority Date
:
Oct-02
Category
:
EB3
I140 Mailed Date
:
03/01/2003
Chargeability
:
India
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:
I-485
I485 Mailed Date
:
05/01/2003
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Join Date: Apr 2007
Posts: 322
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Default Follow to Join Doc Requirement

What are the documents required for Follow To Join Application?

Thanks.
Prashant
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  #5  
Old 04-21-2008, 02:13 PM
rongha_2000 rongha_2000 is offline
Senior Member
Priority Date
:
Jun-06
Category
:
EB3
I140 Mailed Date
:
07/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
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Join Date: May 2007
Posts: 118
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Default EAD for toddler

My daughter is 2.5 years old. A local Ad agency has selected her as a child model to act in various commercials and photo prints. She is currently on H4. As I understand I cannot report any income for her since she is dependent. Following are the options I am thinking. Please let me know which one is appropriate or any other option that might help me.

1) File for her EAD and eventual SSN. I am not sure if this would be an issue
2) I would have the Ad agency report that income for me instead of my daughter.

Even though the money involved is not much reporting correctly for the person with correct status is important. I dont want to raise any unnecessary red flags. At the same time I dont want to forego this opportunity for my daughter.

Your advice is highly appreciated.
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MISSOURI CHAPTER MEMBER

Last edited by rongha_2000; 04-21-2008 at 02:17 PM. Reason: correction
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  #6  
Old 04-21-2008, 04:18 PM
ns33 ns33 is offline
Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
11/20/2005
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Join Date: Jul 2007
Posts: 41
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Default Question re. interpretation on "similar" work fr AC21 based portability

Hi,
Although this question applies to my situation very closely, I'm keeping the question generic. I'm sure a lot of us have the similar confusion.

A lot of pre-perm non-RIR LC holders have LC job description that goes beyond pure technical field into business domain specific - job specific descriptions.

The dot code or the new equivalents on these case still map to generic wide-mapping categories like "Software engineer" or other.

Question: When evaluating similarity of job for AC21 based I-485 portability, what is considered for comparison? i.e the dot coded job category description or the actual description of the LC of underlying 140?

Also, if AC21 based job portability gives a significant boost from the salaries advertised in LC (EB3 LCs, in 2001-2003 time-frames) is it going to violate "similarity clause?

A rephrased question could be - at what point USCIS is going to frown upon an AC21 based ported application?
Thank you so much for clarification

N S

PS. my specifics are available through member profile.
Also, admins, please feel free to remove this question from list if it has been discussed on call before.(I'd appreciate if you can point me to transcript of the appropriate call in that case)

Last edited by ns33; 04-21-2008 at 04:23 PM.
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  #7  
Old 04-21-2008, 06:23 PM
piyu7444 piyu7444 is offline
Senior Member
Priority Date
:
Nov-06
Category
:
EB2
I140 Mailed Date
:
12/29/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: May 2007
Posts: 181
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Exclamation EAD to h1b?

Situation- Approved 140, Filed 485 in Jul 07 and pending over 270 days. EB2 category, Indian National. H1b valid till Sep 2008 but employer has filed for extension so once it is approved new validity should be Oct 2008 - Sep 2011. I was interviewed by USCIS in FEB 08 and I was told by the USCIS officer that my case if approvable but I would have to wait till VISA# is available.

Action- Moving on new job on EAD (new employer will not file for h1b)

Question 1: If after moving on EAD I want to move back on h1b is that possible? I would like to use my extended h1b (valid from Oct 2008 - Sep 2011)

Question 2:If AOS is denied due to use of AC21 or in error then can I go to India to get a fresh h1b stamp based on my extended h1b and then work on h1b again for the remaining period?

My Info: Piyush, SF, CA
Country of Citizenship: India

Last edited by piyu7444; 04-25-2008 at 03:35 AM. Reason: Added info.
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  #8  
Old 04-22-2008, 04:00 AM
cdeneo cdeneo is offline
Senior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
10/21/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Sep 2006
Posts: 179
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Default I-140 approved, 180 days post I-485 fliing, quit job to take time off - now what?

Hi there,

I had some specific questions for my situation and I am hoping this will help others in the same situation as well -

Name: Chetan
EB3-India
PD: Dec 2004
I-140 approved
I-485 filed, 180 days passed

I recently quit my workplace to take a break. Employer does not plan to revoke/withdraw I-140 petition. I am looking for other jobs in same/similar category, either on contract (W-2) or full time with another company and should be back at work on EAD after about 8 weeks of break.

Questions:
1. How can I change representation to Self so that any and all communication about my case from USCIS comes directly to me (rather than my ex-company's lawyer) moving forward. How long does it take for this change to take effect once USCIS has been informed?

2. Any impact to my GC case due to the 8 week break I have taken, I am assuming all will remain status quo given that I am an EB3-India applicant and PD does not look like it will get current anytime soon.

3. AC21: Should I file AC21 once I am at my new job? Does it matter if the job is on contract (6-12 month contract on W2) or does it need to be full time? Can I/should I file AC21 if the job is on contract basis but on W-2?

4. Travel outside the country on Advance Parole while I-485 is pending and no job is lined up: I have planned to take a cruise to Alaska and one of the stops on the way back is in Canada, so I would be virtually going out and then coming back into the country. Would Advance Parole document be enough for this travel (especially since I don't have a job lined up) - I don't believe I will get a new I-94 card on the cruise, just need visa/papers that show valid status for re-entry.

5. H1B status: How long is H1B status valid for and can be transferred to a different employer one has quit work with the employer who last sponsored the H1B visa? I have an interview coming up and will have a job lined up if all goes well (this would be within 3 weeks of mine quitting my current employer) - I was wondering if I can ask the new employer to transfer my H1B visa or will it be too late to do this in my circumstance? I have the option of going on EAD - just wondering if H1B transfer is even possible or not in my situation.

I would really appreciate your insight on these questions for my situation.

Thanks

Best Regards,
Chetan

Last edited by cdeneo; 04-22-2008 at 04:15 AM.
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  #9  
Old 04-22-2008, 12:41 PM
bitu72 bitu72 is offline
Senior Member
Priority Date
:
Mar-07
Category
:
EB3
I140 Mailed Date
:
04/17/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/13/2007
Compare
Join Date: Jan 2006
Posts: 117
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Default Question regarding I 485 Interview

HI

I have a very specific question to ask. I have received a letter regarding interview from National Benifit center. I am reading though websites and collected information. As a requirement i have to last 3 years of tax papers.

In year 2005 i have some trading activities resulting in around 20000 dollars loses. Will actively trading be considered as red flag in I 485 stage. What precaution should i take to handle my situation. I have over 200 transactions. I plan to get a fax copies from IRS so that its just one page summary and there is no details transactions. Please let me know your thoughts about this.

thanks


Name - Bitu
city - dallas
Origin - India
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  #10  
Old 04-22-2008, 02:03 PM
HarshJ HarshJ is offline
Member
Priority Date
:
Sep-01
Category
:
EB3
I140 Mailed Date
:
01/07/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/21/2007
Compare
Join Date: Jul 2007
Posts: 30
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Default I-140 sent for CP even with filed I-485s

Hi,

To begin with here are my details:
Name: Harsh
EB3-India
PD: Sept 2001
labor Cert approval - Jan 2007
I-140: Filed in March 2007 at NSC, approved on 11th April 2008
I-485 filed, RD Jul 23rd 2007 NSC
Namecheck approved for spouse but not for me (initiated on Sept 24th 2007, as per Infopass, so it is beyond the 180 day limit)

Now on April 16th there was an update on my I-140 indicating that it had been sent to DOS. Upon checking with my lawyer, he indicated that by default, when filing I-140 they check the CP option. But he said that when they get to processing of I-485, they shall see an I-140 approved and approve our I-485s.

FYI, NSC is currently processing Jul 11th 2007 RD I-485s as per April 15th bulletin, so we are 12 days away from the processing timeframe.

Is the above true?

Or do you recommend flying out to India for CP ?

Thanks
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  #11  
Old 04-22-2008, 07:02 PM
kunal1977 kunal1977 is offline
Junior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Apr 2008
Posts: 1
kunal1977 is on a distinguished road
Exclamation Weird Situation - Am confused.

Hi there,

My H1 is valid till 04/2010 but my passport does not have a stamp till then. I have my EAD, I140 approved, AP (Just went to India and returned back on AP). I got married there and my wife got H4.

My attorney is saying I cannot add her to my I-485 application or apply for her EAD when she arrives in USA until my priority date (Dec 04, EB3) becomes current. I thought she can be easily added to my pending I-485 application, am I missing something?

I would appreciate your help.
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  #12  
Old 04-24-2008, 08:49 AM
h1techSlave h1techSlave is offline
Senior Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 952
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Default Am I on EAD or H1B

I have valid H1B until 2010, but visa based on a previous H1B has expired.

I have EAD and AP and went out of the country and came back using AP. Now, am I on H1B or on EAD?

The question is, is using AP automatically put you on EAD too?

Note: A lot of people have the similar situation/question and the many forums on this topic is giving different answers to the dilemma.
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  #13  
Old 04-24-2008, 09:46 AM
archere3 archere3 is offline
Junior Member
Priority Date
:
Dec-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Aug 2007
Posts: 1
archere3 is on a distinguished road
Default

Hi there,
My name is Ravikanth and needs help regarding my green card processing. Following is my current situation.

As of today, My H1B is expiring (6 years) on May4th 2008 and my wife is on H4. My current employer (Company A) applied for extension for the 9 weeks(I was out of USA) on March 4th and then converted it to premium processing on 04/11/2008. The extension might come up to July 5th 2008.

And my labor got applied thru Company B on Dec 11th 2007 and got approved on Feb 12th 2008 and I-140 was applied on Mar 5th 2008.

So what are the chances of getting I 140 premium processing before June and what are possible solutions available for me.

Can I transfer my H1 to company B based on applied labor and pending I 140 and get 7th year extension for an year? (I read in some immigration forums about this scenario)
If I go back to India by end of June 2008 and then when the I-140 is approved in near future, can I come back with 3 year extension thru Company B Systems?
Can I change my status here to F1 or F4 and then change back to H1 once I-140 get approved?
Are there any other possible solution(s)?
Please advice me what would be best possible solution.

Thanks and Regards
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  #14  
Old 04-24-2008, 02:38 PM
purgan purgan is offline
Senior Member
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
08/25/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/28/2007
Compare
Join Date: Sep 2006
Posts: 278
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Default

Hi,

My name is purushottam and I belong to Eb3-IND with PD Jan 2003. I am planning to take a leave of absence from my employer to go back to school for a 2Y full time masters program. I-485 filed> 180 days, EAD/AP recieved.
The way things are moving, it doesn't look like 485 will be approved during the summer so I will need to go to school on my present status.

I would appreciate your advise with some questions I had on this issue
-Can I attend school with EAD and/or 485 receipt notice
- What happens if I recieve RFE or interview request while I am in school. How do i show my good faith intent to work for my employer (FYI, I have been working for this employer for 7 years already)
- I understand I will have to rejoin employer upon GC approval. How soon should I need to rejoin.

Please advise if there is anything else that needs to be taken into consideration. Thank you so much!!
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  #15  
Old 04-24-2008, 08:01 PM
chanduv23 chanduv23 is offline
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2006
Posts: 4,194
Blog Entries: 1
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Default Bump

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