dontcareanymore
04-16 04:20 PM
Hi number30,
I know many of my friends who have Indian 3 yr bachelors & 2/3years of Masters + 5 years experience post education applied in EB2 and got I-140 approved and many of them got their GC too.
There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.
I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.
I know many of my friends who have Indian 3 yr bachelors & 2/3years of Masters + 5 years experience post education applied in EB2 and got I-140 approved and many of them got their GC too.
There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.
I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.
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wahwah
06-05 12:03 PM
HQPRD 70/6.2.8-P
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
bigboy007
10-29 12:14 PM
they have delayed processing time so more people will file for premium processing and they earn more money. H1b quota is not filling up and all of a sudden processing time went from 2 to 6-7 months in 1 month. Because so many people ( h1 - h4 ) might be travelling in dec - jan season. Come back in feb - march and processing time will be again 2 months.
ICPS printing problems , Delays in approving will happen even if they make premium - join me in this drive if your EAD Card approved and still waiting... we need more people... let the word spread ASAP.
http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1665685-ead-cpo-approved-but-no-card-yet-gather-here-4.html
ICPS printing problems , Delays in approving will happen even if they make premium - join me in this drive if your EAD Card approved and still waiting... we need more people... let the word spread ASAP.
http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1665685-ead-cpo-approved-but-no-card-yet-gather-here-4.html
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chumki
12-17 07:13 PM
Changing jobs after 180 days of I-1485 pending/ I-140 approved.
Simple question:
1. Should I file AC-21 Memo with USCIS or not?
2. What are the risks of filing AC-21?
Note: I am working on EAD in Texas and my Labor was at IL but similar job.
3. Does Ac-21 always trigger a RFE and/or Interview?
4. What are the advantages of filing AC-21?
Please advise.
Simple question:
1. Should I file AC-21 Memo with USCIS or not?
2. What are the risks of filing AC-21?
Note: I am working on EAD in Texas and my Labor was at IL but similar job.
3. Does Ac-21 always trigger a RFE and/or Interview?
4. What are the advantages of filing AC-21?
Please advise.
more...
abhijitp
08-27 07:25 PM
Very good effort Drona.... go IV, go California!
All other states, raise to the occasion... show that you can beat us!
If you need assistance with logistics, help yourself by going here:
http://immigrationvoice.org/forum/showthread.php?t=12441
All other states, raise to the occasion... show that you can beat us!
If you need assistance with logistics, help yourself by going here:
http://immigrationvoice.org/forum/showthread.php?t=12441
sheela
02-21 11:26 AM
Thanks Sheela. Was that visit to home, a part of your employer audit as well as it was mentioned by bujjigadu123 or something else?
Not sure whether you got a chance to ask the officer about the reason for this visit? Was it a part of random check or any investigation on fund transfers or any other program etc?
Now, I think it is a random check and nothing like 'employer audit'. I never asked him -at that time I thought it was a part of background check.
I believe they are always doing these checks probability could be 1/100,000 although i have no idea at the frequency.
Not sure whether you got a chance to ask the officer about the reason for this visit? Was it a part of random check or any investigation on fund transfers or any other program etc?
Now, I think it is a random check and nothing like 'employer audit'. I never asked him -at that time I thought it was a part of background check.
I believe they are always doing these checks probability could be 1/100,000 although i have no idea at the frequency.
more...
bachelor
09-24 08:08 AM
Hi All
I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date
I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.
My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.
There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...
I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).
I believe my H1-B has been automatically canceled on immediate approval of GC.
How do I get my future wife to USA?. What are the options left out to me now?.
Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.
--Suresh
Hi Suresh,
I'm in the same situation as you are in.. Can you please let me know which option did you choose?..
Thanks in advance.
I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date
I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.
My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.
There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...
I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).
I believe my H1-B has been automatically canceled on immediate approval of GC.
How do I get my future wife to USA?. What are the options left out to me now?.
Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.
--Suresh
Hi Suresh,
I'm in the same situation as you are in.. Can you please let me know which option did you choose?..
Thanks in advance.
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aray
04-01 04:30 PM
Sent Fax# 10.
more...
pcs
06-17 01:07 PM
We can fax, while we work up a strategy...
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octoberbloom
01-12 03:27 PM
Try Senator/congressman + Ombudsman inquiry now. If you do not get a response or nothing happens, contact me. Let us see what we can do for people who are current since a long time.
Hi pappu,
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?
I just wanted to give a try and see if this trigger my case. Please advice.
Thanks,
Hi pappu,
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?
I just wanted to give a try and see if this trigger my case. Please advice.
Thanks,
more...
logiclife
03-21 04:47 PM
In order to be sending consistent messages to all lawmakers, please email Varsha and Sanjay at varsha@immigrationvoice.org and sanjay@immigrationvoice.org respectively and get the material and talking points from them.
Its very important to read those tips and directions and also keep in mind the talking points.
We have crafted those points after intense experience in talking about these issues and these are tried and tested talking points that work. Stick to the message and you will really make a big difference.
Its very important to read those tips and directions and also keep in mind the talking points.
We have crafted those points after intense experience in talking about these issues and these are tried and tested talking points that work. Stick to the message and you will really make a big difference.
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knacath
08-20 03:16 PM
how did you expedite?
On the phone (called the regular 800 #), no documentation was required.
On the phone (called the regular 800 #), no documentation was required.
more...
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ilovestirfries
06-27 03:30 PM
I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.
To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
When I think, you guys have reached the bottom of madness, you keep digging deeper...As such there is enough madness with INS in allowing every tom, dick and harry who filed in 2007 to be on par with those poor souls who have been waiting since 2002/2003/2004...And add to that fact that, you already got approved...And you want those poor souls who waited long enough, to wait for those lucky 2007 filers...Can your suggestion get any madder? :eek:
To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.
This will also reduce the pressure among applicants , attorneys and doctors.
Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??
When I think, you guys have reached the bottom of madness, you keep digging deeper...As such there is enough madness with INS in allowing every tom, dick and harry who filed in 2007 to be on par with those poor souls who have been waiting since 2002/2003/2004...And add to that fact that, you already got approved...And you want those poor souls who waited long enough, to wait for those lucky 2007 filers...Can your suggestion get any madder? :eek:
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drak70
01-03 07:31 PM
http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html#Ineligibilities
(A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible
A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D
(A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible
A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D
more...
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shamu
01-15 08:46 PM
First of all, we would like to know whether your wife is pregnant or you are trying to know all the possible option for pregnancy.
If you are trying to know the option,
GOOD LUCK...
Thanks for asking. My wife is already pregnant, so trying to explore options.
But I have almost finalized to get into a group insurance.
Changing employer with AC21.
Thanks for your reply.
If you are trying to know the option,
GOOD LUCK...
Thanks for asking. My wife is already pregnant, so trying to explore options.
But I have almost finalized to get into a group insurance.
Changing employer with AC21.
Thanks for your reply.
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wa_Saiprasad
03-22 11:52 AM
Need suggestion how to proceed with my new approved I140.
I have two approved LC.
1. PD EB3 SEP 2003 for which my I140 was approved and I have applied 485 during July 2007.
2. PD EB3 MAR 2002 I got my I140 approval yesterday.
All for same company.
Is it possible for me use my new I140 for my 485 which I have I filled already? I have requested my company’s attorney to find options.
Thank You
I have two approved LC.
1. PD EB3 SEP 2003 for which my I140 was approved and I have applied 485 during July 2007.
2. PD EB3 MAR 2002 I got my I140 approval yesterday.
All for same company.
Is it possible for me use my new I140 for my 485 which I have I filled already? I have requested my company’s attorney to find options.
Thank You
more...
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TheGreatMan
07-06 09:38 PM
BBBBRrrrrrrrr another idiot
1) My screen name has nothing to do with the argument here. If we discuss my screen name we are going on a tangent which is very typical of desis (I rememeber womanly taunts in movies and woman gossip where they would pick anything but would niether make a point nor a valid argument)
so you can see where your argument is going..
2) Hopefull signifies optimism. A pessimist is an optimist who is very analytical or knows better. Your argument is similar to "And they lived happily ever after ...(after singing around green trees) ...." ignoring the ground reality, facts that no dent has been made and also turninga blind eye to the fact that there are people since 2001/2002 stuck. Its 2007 meaning five years and if the Dept is not willing to budge after all these efforts to a number more than 7000, and you still are HOPEFULL ignoring the facts means that you are an idiot. Yes you will get your GC before you die for sure provided you live upto the age of appx 70 and your consulting firm is around and you are not tired of the bickering with your employer.
Its just like a Yash Chora SRK movie ...it only happens in reel life and not real life ..
3) as far as the FT job goes we both knwo it deep within what it means...i hope you are smart enough to get the point and wont make me word it to emabrass you further..
4) if you would be intelligent enough to shed some light on how kindness and make you get your GC in thsi scenario ...
just a piece of advise ..STOP BEING DUMB
Looking at your writing skills, I will be amazed if you can get yourself a job in a BPO !! I am sure, you are one illeterate idiot, who just wants to ruffle some feathers and get some attention .. Damn.. I should not be wasting my time reading your messages itself !!!
1) My screen name has nothing to do with the argument here. If we discuss my screen name we are going on a tangent which is very typical of desis (I rememeber womanly taunts in movies and woman gossip where they would pick anything but would niether make a point nor a valid argument)
so you can see where your argument is going..
2) Hopefull signifies optimism. A pessimist is an optimist who is very analytical or knows better. Your argument is similar to "And they lived happily ever after ...(after singing around green trees) ...." ignoring the ground reality, facts that no dent has been made and also turninga blind eye to the fact that there are people since 2001/2002 stuck. Its 2007 meaning five years and if the Dept is not willing to budge after all these efforts to a number more than 7000, and you still are HOPEFULL ignoring the facts means that you are an idiot. Yes you will get your GC before you die for sure provided you live upto the age of appx 70 and your consulting firm is around and you are not tired of the bickering with your employer.
Its just like a Yash Chora SRK movie ...it only happens in reel life and not real life ..
3) as far as the FT job goes we both knwo it deep within what it means...i hope you are smart enough to get the point and wont make me word it to emabrass you further..
4) if you would be intelligent enough to shed some light on how kindness and make you get your GC in thsi scenario ...
just a piece of advise ..STOP BEING DUMB
Looking at your writing skills, I will be amazed if you can get yourself a job in a BPO !! I am sure, you are one illeterate idiot, who just wants to ruffle some feathers and get some attention .. Damn.. I should not be wasting my time reading your messages itself !!!
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Pineapple
05-10 09:26 PM
There is something seriously wrong here.....one gets red dots for even simply truthfully recording answers to some questions asked by administrator......or are the red dots simply to protest/ express displeasure with the fact that my GC process was not as difficult as some other people.......its like "misery likes company" - i am miserable bcos i dont have a GC and hence am pissed off at this guy who despite not being crazy about GC got his in 7 months.........so i will give him red dots..............
Guys - get over it.........look at the general tone of posts from all on this particular thread - GC did not make any "big" change to most folks.......
For the more rational beings - i genuinely hope that you get your gcs within reasonable wait times and the waiting time does not take away from the personal and professional successes you deserve!
I gave you a green, if that helps.. perhaps someone did not notice the EB category in your signature. In any case, I agree it was unfair.
I hope you will stay engaged with the IV community, and help the rest of us in achieving our goals. We need everyone, not just those waiting for a GC, in this effort.
Guys - get over it.........look at the general tone of posts from all on this particular thread - GC did not make any "big" change to most folks.......
For the more rational beings - i genuinely hope that you get your gcs within reasonable wait times and the waiting time does not take away from the personal and professional successes you deserve!
I gave you a green, if that helps.. perhaps someone did not notice the EB category in your signature. In any case, I agree it was unfair.
I hope you will stay engaged with the IV community, and help the rest of us in achieving our goals. We need everyone, not just those waiting for a GC, in this effort.
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gc007
01-07 10:25 PM
Oh No ! Thats too bad. I was really hoping that it was possible to use the old H1B. And can be used anytime to change the status.
I am hoping someone wud come up and say Yes its possible.....
keep me posted if find anywhere about the same.
Thanks !
I am in exact same situation. The company that is going to sponsor my H1 checked with two attorneys and both said that I will need a fresh H1 in April07 and I can start working from Oct07. Even I never got to work on my earlier H1. I guess this is because you need previous paystubs for H1 transfer. Let me know if you hear otherwise from your attorneys.
I am hoping someone wud come up and say Yes its possible.....
keep me posted if find anywhere about the same.
Thanks !
I am in exact same situation. The company that is going to sponsor my H1 checked with two attorneys and both said that I will need a fresh H1 in April07 and I can start working from Oct07. Even I never got to work on my earlier H1. I guess this is because you need previous paystubs for H1 transfer. Let me know if you hear otherwise from your attorneys.
gcgonewild
11-03 08:20 AM
He's the most dreaded Anti-immigrant.
andy garcia
12-30 01:04 PM
Longq,
Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.
From November 2005 Visa Bulletin
HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
* The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
* In recent years, the application of the rules outlined in AC21 has allowed countries such as China � mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
* During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
* To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.
From November 2005 Visa Bulletin
HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
* The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
* In recent years, the application of the rules outlined in AC21 has allowed countries such as China � mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
* During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
* To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
