ksita48
07-23 09:30 PM
Brief Description of my Case Joined Vision Systems Group INC,(VSGInc), Southplains Field, NJ in the year March 2003. My H1B was transferred to VSG Inc from my previous company which got merged with another company. VSG Inc filed my Labor Certification in 2003 (EB3) on Dec 23,2003 which has gone to Back Log Center, Harrisburg, PA and got approved only in Dec, 2006. In July 2006 VSG Inc, filed PERM under EB2 and got approved and filed I140 under EB2. But when USCIS sent RFE, my company has withdrawn the I140 without responding to RFE. In July 2007, during 2007 visa fiasco, VSG Inc filed I140 electronically, and I485 and other papers concurrently in July 02, 2007. Got the receipt notices for I140 dated 07-02-2007 and for I485 and others on 06-05-2008. Received EAD and travel docs in July 2008. My I140 is still pending at Nebraska Service center as on date. When contacted trough the Local Congress Man, Dept. Of Home land Security replied on Feb 09, 2009 as follows: �The processing of I-140 has been delayed, not yet ready for decision as it has been selected for extended security review, independent of FBI name check and fingerprints. Until the review is completed, we cannot move forward on this case. We will make every effort to make a decision on this case as soon as the review is complete. However, we have contacted the security team POC to see if this case can be reviewed to see if it can be moved for adjudication.� VISION SYSTEMS GROUP, INC., a New Jersey Domestic Profit Corporation, with a branch office in Coon Rapids, Iowa, was also indicted in a ten count federal indictment that included one count of conspiracy, eight counts of mail fraud, and one count of �Notice of Forfeiture� in the amount of $7,400,000. The investigation is being conducted by U.S. Immigration and Customs Enforcement (ICE) in collaboration with U.S. Citizenship and Immigration Services - Fraud Detection and National Security Division (FDNS); U.S. Department of Labor - Office of Inspector General; U.S. Postal Inspection Service (USPIS); U.S. Department of State; and is supported by the U.S. Attorney�s Office for the Southern District of Iowa. At the out set I am in a complete depressed state an seek your help and know the fate of my AOS applications like I-140, I485 and others and the best possible course of action I may have to take immediately. My concerns and questions: 1. Should I transfer my H1b to another company? 2. What will happen to my pending I-140 and I-485 petitions? 3. Or should I continue with the present company wait for the outcome? 4. How much time it may take to finally conclude this process normally? 5. If the company is proved guilty and be closed by the Govt. or blacklisted what will happen to the Employees like me who are absolutely not concern, nor involved and go by Rules and in the project working If you can throw some light on these matters, It would be of great relief to me who has spent in this country for 11 years legally paying all the taxes.:confused:
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Becks
03-22 07:09 PM
You should be ok to re-enter when you have a valid AP (and valid visa/EAD if they ask) even though if you changed the jobs. I think it is risky though. We never know when will the rules change so its safe to file AC21. I did file AC21 but they never opened my AC21 file. They sent an RFE to my old employer(internal attorney) for employer letter after 1year of filing AC21. I had couple of LUDs so I thought they were for AC21 but not really. So strange things may happen. Some officers at port of entry may be too curious about these issues though if you have valid APs. They shouldnot deny the entry but you may have to go through the waiting. So my suggestion is do not delay AC21.
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
ashkam
08-17 11:36 AM
ashkam
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
For renewal they did not even ask me for any documentation. Renewed online, went to DMV and got it for 4 years.
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
For renewal they did not even ask me for any documentation. Renewed online, went to DMV and got it for 4 years.
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Dhundhun
09-02 08:47 PM
Folks,
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).
As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?
Thanks in advance for all your responses.
As I remember, the validity is one year.
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).
As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?
Thanks in advance for all your responses.
As I remember, the validity is one year.
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superdude
08-03 06:17 PM
What you did was wrong.
Coming to the verification process, They would ask if this employee really worked at the employer location and the responsibilities. They would not ask wether the EVL submitted was indeed issued by the employer.
Just my own thought process...............
I worked for a firm for last couple of years and then moved to another firm. Now I want to apply for a Perm process and need the Experience letter. My previous employer has issued me the experience letter without my roles and responsibility:
It was an unprotected word file, so I changed it and incorporated the roles and responsibilty and my self submitted it to my employer; Now i am afraid if they are going to verify it.
1. What is the INS verification process?
2. Do employer can verifty it by Fax?
3. What can happen if INS came to know that everything was fine except the roles and responsibilities was included afterwards?
Coming to the verification process, They would ask if this employee really worked at the employer location and the responsibilities. They would not ask wether the EVL submitted was indeed issued by the employer.
Just my own thought process...............
I worked for a firm for last couple of years and then moved to another firm. Now I want to apply for a Perm process and need the Experience letter. My previous employer has issued me the experience letter without my roles and responsibility:
It was an unprotected word file, so I changed it and incorporated the roles and responsibilty and my self submitted it to my employer; Now i am afraid if they are going to verify it.
1. What is the INS verification process?
2. Do employer can verifty it by Fax?
3. What can happen if INS came to know that everything was fine except the roles and responsibilities was included afterwards?
wandmaker
01-02 02:30 AM
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
If time is not the key then please submit the documents/information requested by consular post. At the worst case scenario, you can very well use AP to re-enter and EAD to continue employment. Get a second opinion with your attorney. Good luck
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
If time is not the key then please submit the documents/information requested by consular post. At the worst case scenario, you can very well use AP to re-enter and EAD to continue employment. Get a second opinion with your attorney. Good luck
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veni001
02-03 03:53 PM
thank you veni, that is very informative and solid reference.
looks like under 'advanced degree' category, just having a US Masters or foreign equivalent (4+2) is enough. lot of people are under the impression, its MS+3yrs. but the description in USCIS link states just an advanced degree (higher than baccalaureate) is enough. am i reading this right?
BS+5years is equivalent to having an Advanced degree.
But, I think its BS+5yrs, not BS Equivalent + 5 yrs.
That's correct.
Good luck!
looks like under 'advanced degree' category, just having a US Masters or foreign equivalent (4+2) is enough. lot of people are under the impression, its MS+3yrs. but the description in USCIS link states just an advanced degree (higher than baccalaureate) is enough. am i reading this right?
BS+5years is equivalent to having an Advanced degree.
But, I think its BS+5yrs, not BS Equivalent + 5 yrs.
That's correct.
Good luck!
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vin13
06-25 10:10 AM
Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. TAKEOURJOBS.ORG (http://www.takeourjobs.org)
This is really a good one. It clears out some of the misconceptions among the general public.
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. TAKEOURJOBS.ORG (http://www.takeourjobs.org)
This is really a good one. It clears out some of the misconceptions among the general public.
more...
serg
04-06 11:01 PM
The faces from both sides - Major Lead and Minor Lead was looked as they didn't reach any agreement :( Frist was talking (number of times) about "Border Security Bill" at the end ...
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CrazyWorld
08-04 05:42 PM
I don't have A# on my approved I-140.
My I-140 got approved in Jun 06.
May be they started adding A#'s after Jun 06 OR they include A#'s only for concurrent filers.
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
My I-140 got approved in Jun 06.
May be they started adding A#'s after Jun 06 OR they include A#'s only for concurrent filers.
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
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ita
01-23 10:06 AM
Hi,
When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)
They changed the visa fee this year (2008).
The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
What can I do now?
There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )
What should we do in this case as we are filing online?
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents.
Thank you.
When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)
They changed the visa fee this year (2008).
The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
What can I do now?
There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )
What should we do in this case as we are filing online?
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents.
Thank you.
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Quest99
09-14 03:54 PM
You started working for Company B before or after the H1 transfer receipt notice ?
is LCA for H1 filed after you joined company B - is it legal ?
Its likely possible you may have signed some contract with them in the offer letter, you can keep the communication only thru emails. And ask them for a copy for the basis for their standing.
Sorry I should have been more clear.
I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.
I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.
I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.
is LCA for H1 filed after you joined company B - is it legal ?
Its likely possible you may have signed some contract with them in the offer letter, you can keep the communication only thru emails. And ask them for a copy for the basis for their standing.
Sorry I should have been more clear.
I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.
I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.
I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.
more...
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binadh
10-15 03:23 PM
Just gotta call from the lawyer's office. PERM is approved today after more than 15 months. :D
Still waiting for the physical letter to arrive -- We'll see how many more hurdles are there. I'm just glad that I don't have to deal with DOL.
Original filing - Jun 17th 07
Query response - Nov 2nd 07
Approved - today
Filed at Atlanta service center
EB2 ROW
Thanks.
Still waiting for the physical letter to arrive -- We'll see how many more hurdles are there. I'm just glad that I don't have to deal with DOL.
Original filing - Jun 17th 07
Query response - Nov 2nd 07
Approved - today
Filed at Atlanta service center
EB2 ROW
Thanks.
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iptel
02-14 01:21 PM
Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
covers great deal of importance of H1B and Green Card. May be we can consider it to be part of our presentation.
Part of the report says
Caps on employment-based green cards limit the number of high-skilled
foreigners who can become permanent residents. The cap is set at 140,000
visas per year, including visas for the workers� spouses and children. Each
country�s nationals can make up no more than 7 percent of total immigrant
visas. These caps have led to long delays for applicants, especially for workers
from over-represented countries. For instance, some workers who became
eligible in January 2006 for EB-2 employment-based green cards (for workers
with advanced degrees or persons of exceptional ability) had applied for
permanent residence five years earlier.
A variety of proposals have been advanced for permanent employmentbased
immigration to allow for more high-skilled workers and to reduce wait
times. Any changes to the cap on the number of employment-based green
cards would require legislative action. First, workers� spouses and children
could be exempted from the cap, as is currently done for the H-1B program.
Spouses and children make up about half of the recipients of employmentbased
green cards, so this change would roughly double the number of
workers able to get employment-based green cards. Second, the fixed 140,000
cap could be replaced with a flexible market-based cap that would increase or
decrease with demand for workers eligible for employment-based green cards.
Finally, under current policy, nationals of no single country can receive more
than 7 percent of green cards. This share could be raised to reduce the long
delays for employment-based green cards for applicants from countries with
large numbers of desirable, high-skilled workers. Careful enforcement of
limits on foreign nationals� access to sensitive technology would provide
continued protection for our national security.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
covers great deal of importance of H1B and Green Card. May be we can consider it to be part of our presentation.
Part of the report says
Caps on employment-based green cards limit the number of high-skilled
foreigners who can become permanent residents. The cap is set at 140,000
visas per year, including visas for the workers� spouses and children. Each
country�s nationals can make up no more than 7 percent of total immigrant
visas. These caps have led to long delays for applicants, especially for workers
from over-represented countries. For instance, some workers who became
eligible in January 2006 for EB-2 employment-based green cards (for workers
with advanced degrees or persons of exceptional ability) had applied for
permanent residence five years earlier.
A variety of proposals have been advanced for permanent employmentbased
immigration to allow for more high-skilled workers and to reduce wait
times. Any changes to the cap on the number of employment-based green
cards would require legislative action. First, workers� spouses and children
could be exempted from the cap, as is currently done for the H-1B program.
Spouses and children make up about half of the recipients of employmentbased
green cards, so this change would roughly double the number of
workers able to get employment-based green cards. Second, the fixed 140,000
cap could be replaced with a flexible market-based cap that would increase or
decrease with demand for workers eligible for employment-based green cards.
Finally, under current policy, nationals of no single country can receive more
than 7 percent of green cards. This share could be raised to reduce the long
delays for employment-based green cards for applicants from countries with
large numbers of desirable, high-skilled workers. Careful enforcement of
limits on foreign nationals� access to sensitive technology would provide
continued protection for our national security.
more...
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dehradoon
11-13 06:08 PM
ok. let's say I-140 approved and pass 180 days. the person is working using ac21 and ead with a new company. the person is travelling using AP , the old company withdraw I-140, will he be able to come back in the us ?
once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?
Dude, you really need to use the search feature on this forum. after I140 is approved and 485 pending for 180 days, the I140 stays in effect even if the company tried to revoke it.
Once you invoke AC21, it is not required (although suggested) to send papers to USCIS. I have read that you should not do anything until you get an RFE which I think is the best way, This makes sure that your case is being properly handled if you are unlucky enough to get an RFE. Y would anyone what to raise a flag by sending in paperwork to USCIS indicating the use of AC21, I personally know atleast 15 friends who have done this with out telling USCIS and have received their GC's
So, The bottom line is if -
I140 approved and 485 pending for more than 180.
START LIVING YOUR DREAM, DO WHAT YOU WANT TO DO. CHANGE YOUR JOB, GET A RAISE, OPEN A COMPANY, BUY A HOUSE .... WHATEVER, DON'T GET MARRIED - SHOULD HAVE DONE THAT WHILE YOU WERE ON H1
THE AC21 IS A LAW - USE IT, YOU DO NOT HAVE TO TELL ANYONE ABOUT USING A LAW UNLESS YOU HAVE TO JUSTIFY YOUR SITUATION IN FRONT OF AN AGENCY THAT REQUIRES YOU BY LAW TO PROVE IT.
OH! AND AS FAR AS TRAVEL IS CONCERNED, JUST HAVE THE DOCS IN HAND AND NOTHING ELSE MATTERS (don't commit a crime though, or be drunk in front of the immigration officer). LOL
once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?
Dude, you really need to use the search feature on this forum. after I140 is approved and 485 pending for 180 days, the I140 stays in effect even if the company tried to revoke it.
Once you invoke AC21, it is not required (although suggested) to send papers to USCIS. I have read that you should not do anything until you get an RFE which I think is the best way, This makes sure that your case is being properly handled if you are unlucky enough to get an RFE. Y would anyone what to raise a flag by sending in paperwork to USCIS indicating the use of AC21, I personally know atleast 15 friends who have done this with out telling USCIS and have received their GC's
So, The bottom line is if -
I140 approved and 485 pending for more than 180.
START LIVING YOUR DREAM, DO WHAT YOU WANT TO DO. CHANGE YOUR JOB, GET A RAISE, OPEN A COMPANY, BUY A HOUSE .... WHATEVER, DON'T GET MARRIED - SHOULD HAVE DONE THAT WHILE YOU WERE ON H1
THE AC21 IS A LAW - USE IT, YOU DO NOT HAVE TO TELL ANYONE ABOUT USING A LAW UNLESS YOU HAVE TO JUSTIFY YOUR SITUATION IN FRONT OF AN AGENCY THAT REQUIRES YOU BY LAW TO PROVE IT.
OH! AND AS FAR AS TRAVEL IS CONCERNED, JUST HAVE THE DOCS IN HAND AND NOTHING ELSE MATTERS (don't commit a crime though, or be drunk in front of the immigration officer). LOL
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villamonte6100
10-05 11:03 AM
Nobody knows but my friend got his green card 2 weeks EB3 Philippines. Filed 485 June 2007.
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permfiling
01-22 01:30 PM
^^^^^
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glen
05-17 09:43 AM
With approved I-140 H1-B extension can certainly be done .
For 365-day period one can take out the days he/she has been away from US for work, vacation,etc. Check immigration-law.com for this.
My question to my valuable friends is that if I've filed PERM well before 365 days (i.e. the last year) but it was denied and then i refiled another PERM after the 365-day period was started, then would I still be able to renew my H1 based upon filed PERM or approved I-140 or what? :confused:
For 365-day period one can take out the days he/she has been away from US for work, vacation,etc. Check immigration-law.com for this.
My question to my valuable friends is that if I've filed PERM well before 365 days (i.e. the last year) but it was denied and then i refiled another PERM after the 365-day period was started, then would I still be able to renew my H1 based upon filed PERM or approved I-140 or what? :confused:
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pasupuleti
01-31 12:21 PM
I work for a good consulting company, completed 3 years in that company.
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
vishwak
08-05 01:53 PM
I think this is like saying.....My friends drove on I-101 at 80 MPH and they never get Ticket. Ahhha....Immigration is like game and we never know when you get trapped.
Take advise of your Attorney, still you need to work on your own to get exact information....and correct way of doing.
I think person shouldn't leave country after applying AP and come back with AP which got approved while abroad.
Yes they can if they have VALID H1/H4 Visa stamping.
Thanks.....No offense guys.
VK.
Take advise of your Attorney, still you need to work on your own to get exact information....and correct way of doing.
I think person shouldn't leave country after applying AP and come back with AP which got approved while abroad.
Yes they can if they have VALID H1/H4 Visa stamping.
Thanks.....No offense guys.
VK.
reddymjm
09-16 03:05 PM
I called.
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