eb3retro
11-19 11:58 AM
Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
i would say its a long wait..its high time u get it..congrats..
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
i would say its a long wait..its high time u get it..congrats..
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pdakwala
02-28 02:24 PM
IV have given enough information to everyone. IV have proved that they can do it if they get our support.
What else do we want, when we have people willing and taking efforts to go to DC sacrificing their personel time, family and spending their own money. Time has come for everyone to come forward and contribute money. They along with QGA are meeting the senators.
For those who have contributed more than once, thanks a lot to you guys. For those who have not contributed so far, please come forward and please contribute money. Contributing money to IV is not going to make you rich or poor. By contributing money to IV you are doing a favor to yourself.
Cheers
What else do we want, when we have people willing and taking efforts to go to DC sacrificing their personel time, family and spending their own money. Time has come for everyone to come forward and contribute money. They along with QGA are meeting the senators.
For those who have contributed more than once, thanks a lot to you guys. For those who have not contributed so far, please come forward and please contribute money. Contributing money to IV is not going to make you rich or poor. By contributing money to IV you are doing a favor to yourself.
Cheers
nk2006
10-09 03:16 PM
I understood that if your employer revokes I-140 you have to start the process all over again with a new emplyer, even with AC21. i thought only if the employer does not revoke can you keep your PD and continue from I-485 stage with the new employer. someone, please confirm if this is wrong/correct
I think answer is - Wrong.
My understanding (after reading a lot on multiple sites; I am not a lawyer) is that once you file I140 and I485 and six months are passed you can use AC21 provisions and continue the same I485 application if the new positions is same/similar even if old I140 is revoked. There are multiple scenarios here each having different levels of risks/issues (again as per my understanding):
(i) You filed I140 and I485 (concurrent or separate). I140 is approved. I485 is pending for six months. You got a job with another employer with same/similar function (i.e. same SOC code; and salary is not radically different; similar title). This is the straight forward case. You can change the job � send a letter to UCSIS in a proper format informing them of your job change and new address if any. No need to start the process from scratch at new place even if old employer revokes your I140 your 485 should be approved when priority dates are current.
(ii) You filed I140 and I485 (concurrent or separate). I140 is NOT approved. I485 is pending for six months. This is a bit complicated case but heard still possible if the old employer does not revoke the I140; but if its revoked then back to square one at new employer. It might be possible to keep the priority date if relevant docs are collected (see next).
(iii) I140 is approved, you havnt yet applied for 485. If you change jobs you �might� be able to keep the priority date (if you can get documents). I am not sure if we can keep priority dates if I140 is revoked in this case.
Please comment if my understanding is correct.
Also on a related subject what happens to H1b extension if underlying I140 is revoked? My case is like this: am in 6th year of H1B; applying for I140. Once its approved, planning to apply for 3year extension. After that change employers with new 3year H1B (I know the process has to start fresh at the new place). What happens to my H1B if the old employer revokes the I140. Does this mean my extended h1b is invalid or I can continue without any issues? Anyone in similar situation?
I think answer is - Wrong.
My understanding (after reading a lot on multiple sites; I am not a lawyer) is that once you file I140 and I485 and six months are passed you can use AC21 provisions and continue the same I485 application if the new positions is same/similar even if old I140 is revoked. There are multiple scenarios here each having different levels of risks/issues (again as per my understanding):
(i) You filed I140 and I485 (concurrent or separate). I140 is approved. I485 is pending for six months. You got a job with another employer with same/similar function (i.e. same SOC code; and salary is not radically different; similar title). This is the straight forward case. You can change the job � send a letter to UCSIS in a proper format informing them of your job change and new address if any. No need to start the process from scratch at new place even if old employer revokes your I140 your 485 should be approved when priority dates are current.
(ii) You filed I140 and I485 (concurrent or separate). I140 is NOT approved. I485 is pending for six months. This is a bit complicated case but heard still possible if the old employer does not revoke the I140; but if its revoked then back to square one at new employer. It might be possible to keep the priority date if relevant docs are collected (see next).
(iii) I140 is approved, you havnt yet applied for 485. If you change jobs you �might� be able to keep the priority date (if you can get documents). I am not sure if we can keep priority dates if I140 is revoked in this case.
Please comment if my understanding is correct.
Also on a related subject what happens to H1b extension if underlying I140 is revoked? My case is like this: am in 6th year of H1B; applying for I140. Once its approved, planning to apply for 3year extension. After that change employers with new 3year H1B (I know the process has to start fresh at the new place). What happens to my H1B if the old employer revokes the I140. Does this mean my extended h1b is invalid or I can continue without any issues? Anyone in similar situation?
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Paul Pope
February 4th, 2004, 08:03 PM
Nikon was on the ropes the second they decided that they didn't need
1) to update their DSLR's more then once every 3 years
2) not to make their own chips but to outsource them from sony
Its kinda sad that Nikon have to create FUD about their DSLR sales to create imaginary market share. I have it on good authority that their market share of the worldwide DSLR market is under 30%.
The failure of the D2H to be even remotely competitive with the 1D Mk 11 even though both cameras had similar development cycles is simply a embarrassment.
1) to update their DSLR's more then once every 3 years
2) not to make their own chips but to outsource them from sony
Its kinda sad that Nikon have to create FUD about their DSLR sales to create imaginary market share. I have it on good authority that their market share of the worldwide DSLR market is under 30%.
The failure of the D2H to be even remotely competitive with the 1D Mk 11 even though both cameras had similar development cycles is simply a embarrassment.
more...
nmember
02-24 08:02 AM
I feel IV should support the amendments as pointed out in the earlier posts regarding the GC for Phd students. I beliieve the PACE bill does not say it explicitly but the spirit of the original National Academics study is that they want to encourgae Phd students to work here and get the GC. From my own personal experience most of the Engg students come for MS initially to the US and then they convert to Phd after MS. So a visa for Phd student would not help that much, since the prospective students initially would only be applying for MS, and i do no think anyone would take the risk/hassle to go back to their home country to get a new visa, once they are admitted to thePhd program. A better way would be to apply this clause to everyone would will or are currently doing their Phds at American University. Thiis i think is the spirit of the bill and i feel IV must focus this aspect. This would also free up visa number for the other categories of visa.
nivasch
02-28 02:27 PM
Great work guys. keep it up.
thx,
Nivas
thx,
Nivas
more...
sundarraj61
08-17 07:48 PM
Hi Group,
I am also in the same boat.
Waiting for the visa number and also got canadian PR and thinking of working in seattle and visiting family in vancouver on weekly basis.
Any ideas / suggestions /experience is appreciated.
Thanks
Sundar
I am also in the same boat.
Waiting for the visa number and also got canadian PR and thinking of working in seattle and visiting family in vancouver on weekly basis.
Any ideas / suggestions /experience is appreciated.
Thanks
Sundar
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HV000
04-03 09:10 PM
again from the same Murthy article:
http://www.murthy.com/news/n_porret.html
When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued.
Got it. I hope this stupidity doesn't happen!! Can this country's immigration laws get more convoluted???
http://www.murthy.com/news/n_porret.html
When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued.
Got it. I hope this stupidity doesn't happen!! Can this country's immigration laws get more convoluted???
more...
champu
03-12 07:04 PM
Friends,
Any advice on above post.
Thanks.
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Any advice on above post.
Thanks.
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
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Kalloo dada
04-04 01:46 PM
Some people are just getting married to US Citizens and getting green card. we are waiting for ever. my friend came here last year got married and have a greencard.
more...
krishnam70
08-14 11:23 PM
krishnam70:
I just saw your signature and it seems like you just received your GC. Congrats!!!
I am sure you feel relieved.
It sure feels good , however i am still waiting for our son's receipt for appl filed on july 2nd :confused: so life is in limbo until it comes.
cheers
I just saw your signature and it seems like you just received your GC. Congrats!!!
I am sure you feel relieved.
It sure feels good , however i am still waiting for our son's receipt for appl filed on july 2nd :confused: so life is in limbo until it comes.
cheers
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PD_Dec2002
03-20 08:19 AM
Typical response just to defend......green card might be least of my priorities....but may be its your only priority for you !!!!!
You still haven't shown me the text from any of the three bills that says Masters in STEM are exempt from the EB cap. After all, that's the only thing that will prove you or me wrong.
Regards,
Jayant
You still haven't shown me the text from any of the three bills that says Masters in STEM are exempt from the EB cap. After all, that's the only thing that will prove you or me wrong.
Regards,
Jayant
more...
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Alabaman
05-26 07:45 PM
AILAs take
Immigration In Conference
There are the three possible scenarios now that S.2611
has been handed to the House:
(1) the House does not name the conferees, hence no conference report and immigration reform dies this Fiscal year;
(2) the House names conferees and goes into a contentious conference, resulting in no conference report and immigration reform dies this Fiscal year;
(3) the House produces a conference report, immigration reform legislation is passed.
If immigration reform fails in conference, a statute could still ensue. There is still opportunity for a Republican vision of immigration reform, i.e. emphasis on enforcement, to be enacted, if House Republicans choose to attach such legislation with the appropriations bill during budget reconciliation. Stay tuned.
Immigration In Conference
There are the three possible scenarios now that S.2611
has been handed to the House:
(1) the House does not name the conferees, hence no conference report and immigration reform dies this Fiscal year;
(2) the House names conferees and goes into a contentious conference, resulting in no conference report and immigration reform dies this Fiscal year;
(3) the House produces a conference report, immigration reform legislation is passed.
If immigration reform fails in conference, a statute could still ensue. There is still opportunity for a Republican vision of immigration reform, i.e. emphasis on enforcement, to be enacted, if House Republicans choose to attach such legislation with the appropriations bill during budget reconciliation. Stay tuned.
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seattleGC
02-22 10:29 AM
Lou Doubbs is not a conservative but an idiot and a crook. He is a protectionist like the unions in America.
When it comes to skilled immigration, conservatives have been good. Sen John Coryn, Ex-sen George Allen, Sen. Sam Brownback etc. have been the sponsors of SKIL bill and like. We can depend on them to fight to get SKIL bill included into CIR when it comes up.
Our problem has mainly been with rabid anti-immigrationists like Sen Sessions and also protectionists like some in the Democratic party.
It not between Conservatives and liberals in general.
Wash Times is as conservative as your Lou Doubbs... I dont trust them...
When it comes to skilled immigration, conservatives have been good. Sen John Coryn, Ex-sen George Allen, Sen. Sam Brownback etc. have been the sponsors of SKIL bill and like. We can depend on them to fight to get SKIL bill included into CIR when it comes up.
Our problem has mainly been with rabid anti-immigrationists like Sen Sessions and also protectionists like some in the Democratic party.
It not between Conservatives and liberals in general.
Wash Times is as conservative as your Lou Doubbs... I dont trust them...
more...
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indyanguy
06-13 05:18 PM
As understand the process
1) First one should change the employer with new job.
2) Apply for new Labor (with EB2 requirements) -- PERM 3 months.
3) Apply for new I-140 (use old I-485) -- PREMIUM 1 month.
4) No need to apply for NEW I-485.
Guys, this is the best option for EB3, use it.. with in 4 months you are current... let us port to EB2...no need to wait this VISA bulletin saga.
If my EB3 140 is pending and if when I apply for EB2 140, I dont have the approval, can the interfile be done at the later date?
I am seriously considering porting my date. Any idea how much approx it would cost for the PERM + 140 process (lawyer and USCIS fee)?
1) First one should change the employer with new job.
2) Apply for new Labor (with EB2 requirements) -- PERM 3 months.
3) Apply for new I-140 (use old I-485) -- PREMIUM 1 month.
4) No need to apply for NEW I-485.
Guys, this is the best option for EB3, use it.. with in 4 months you are current... let us port to EB2...no need to wait this VISA bulletin saga.
If my EB3 140 is pending and if when I apply for EB2 140, I dont have the approval, can the interfile be done at the later date?
I am seriously considering porting my date. Any idea how much approx it would cost for the PERM + 140 process (lawyer and USCIS fee)?
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Sirisian
03-19 12:43 AM
Okay I liked code, contagious, and serif. Serif has my favorite palette of colors. Love the detail in the contagious one. Background is a little bland though. I voted for code though. Has the same colors I like.
All I got to say is Timmy Tots would have won. I can picture it now. Pixel font in the middle of a canvas. Can't compete with that. Maybe even a neon font on a black background. I should have competed in this.
All I got to say is Timmy Tots would have won. I can picture it now. Pixel font in the middle of a canvas. Can't compete with that. Maybe even a neon font on a black background. I should have competed in this.
more...
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trramesh
09-11 10:33 AM
Its not a problem dude...
You can either carry it with you or make a color photocopy (like how we used to do with our indian license) or just shove it up ur A$S....
Dude are you trying to rub salt????
BR
Someone told me that taking color photocopy of PR is illegal just like you cannot take color photocopy of currency. Maybe a B&W copy is an alternative.
Btw, why is this hatred towards someone that just walked out of the queue? Blame the system, not the poor individuals who have also waited like everybody else. Instead of venting out on innocent people, do something constructive to help yourself and others. As a donor, pls post responsibly. Guys, give me red if it is wrong to say that.
You can either carry it with you or make a color photocopy (like how we used to do with our indian license) or just shove it up ur A$S....
Dude are you trying to rub salt????
BR
Someone told me that taking color photocopy of PR is illegal just like you cannot take color photocopy of currency. Maybe a B&W copy is an alternative.
Btw, why is this hatred towards someone that just walked out of the queue? Blame the system, not the poor individuals who have also waited like everybody else. Instead of venting out on innocent people, do something constructive to help yourself and others. As a donor, pls post responsibly. Guys, give me red if it is wrong to say that.
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walking_dude
11-19 11:30 AM
Irrespective of what Ron Gotcher or anyone says, the matter is left to the discretion of the adjudicating IO. One IO may be okay with even 50%-70% hike, while another may start frothing at the mouth for anything over 30%.
I remember the time of July VB fiasco so many members posted here that my hotshot attorney has told me DOS cannot retract the VB in the middle of the month. And guess what, they did it twice! Point of the matter is AC21 ( at least in theory) is decided based on the famous and widely read Aytes and Yates memos. And these guidelines give the IO the descretion to decide 'same or similar job', if there is a major difference in salary. In case IO decides to reject the case the applicant has to do MTR and/or appeal in the court.
It all boils down to one thing EAD + AC21 is not poor man's GC. It's just an illusion which is losing it's shine with each day. If you are worried about a hike now, have you considered the future. Will you continue to work with same level of salary 5-6 years from now?
We need to work to get the real thing fast.
I remember the time of July VB fiasco so many members posted here that my hotshot attorney has told me DOS cannot retract the VB in the middle of the month. And guess what, they did it twice! Point of the matter is AC21 ( at least in theory) is decided based on the famous and widely read Aytes and Yates memos. And these guidelines give the IO the descretion to decide 'same or similar job', if there is a major difference in salary. In case IO decides to reject the case the applicant has to do MTR and/or appeal in the court.
It all boils down to one thing EAD + AC21 is not poor man's GC. It's just an illusion which is losing it's shine with each day. If you are worried about a hike now, have you considered the future. Will you continue to work with same level of salary 5-6 years from now?
We need to work to get the real thing fast.
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willwin
06-23 10:03 AM
Any Updates on this ... When is the Full House Hearing Scheduled , it was supposed to be on 23..jun
If it happens it will be all over. So, just wait. It is tough to get an answer here.
If it happens it will be all over. So, just wait. It is tough to get an answer here.
gene77
10-19 01:54 PM
My case is exactly like yours ....
1st 140 under EB3 PD Oct 04
2nd 140 under EB2 still pending, requested for EB3 PD Oct 04 to be ported - awaiting porting results.
However, since your 485 is already filed with a EB3 I140, you are requested USCIS to 'link' (for lack of better words) the new EB2 I140 with your pending I485. Per my interpretation of what I have read in Matthew Oh's website (I'll post later) and Perarson's memo, we can request this interlinking only when the PD for our 2nd I140 is current.
However your lawyer suggests differently - which may be fine and may work just as well. In fact, if your case works, then I won't wait for my PD to be current either and will interfile immediately after approval of my I-140.
here is where my confusion lies....I'm sure you must have this also.
This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the next I-140 petition.
Please share this with your attorney and update the forum members of their response.
Gene.
1st 140 under EB3 PD Oct 04
2nd 140 under EB2 still pending, requested for EB3 PD Oct 04 to be ported - awaiting porting results.
However, since your 485 is already filed with a EB3 I140, you are requested USCIS to 'link' (for lack of better words) the new EB2 I140 with your pending I485. Per my interpretation of what I have read in Matthew Oh's website (I'll post later) and Perarson's memo, we can request this interlinking only when the PD for our 2nd I140 is current.
However your lawyer suggests differently - which may be fine and may work just as well. In fact, if your case works, then I won't wait for my PD to be current either and will interfile immediately after approval of my I-140.
here is where my confusion lies....I'm sure you must have this also.
This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the next I-140 petition.
Please share this with your attorney and update the forum members of their response.
Gene.
cooldudesfo
09-20 01:53 PM
Hi rc0878,
Yes, I do have EAD and AP in hand. I got my AP papers in mail around 1 week back. I am not sure about processing times at this very moment.
Also, received original 485 receipt notices from my Attoreny and it does say RD is July 2, 2007, which is good.
My case has successfully reached at NSC and have not seen any LUD after that. Still waiting for FP notices so that I can consider that everything is good with my case at NSC..
Thx..
Yes, I do have EAD and AP in hand. I got my AP papers in mail around 1 week back. I am not sure about processing times at this very moment.
Also, received original 485 receipt notices from my Attoreny and it does say RD is July 2, 2007, which is good.
My case has successfully reached at NSC and have not seen any LUD after that. Still waiting for FP notices so that I can consider that everything is good with my case at NSC..
Thx..
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