ead for i140

[Updated] Are You Ready to Apply for EAD with Approved I-140?

Raghuram Sukumar Green Card 164 Comments

Updated (Nov 20, 2015): EAD FOR I140 rule is now submitted for OMB approval on Nov 19. Here’s summary of the Rule.

ead for i140 proposed rule

Updated (Sep 25, 2015): Early Filing Dates Moved Back from July 1, 2011 to July 1, 2009 for India and Jan 1, 2013 for China.

Upated (Nov 6, 2015) – EAD for I-140 rule should be published shortly.

 

Impact: People who were getting ready to apply for EAD with Early Filing Dates have to wait longer.

This article is about getting EAD by filing I-485 via Visa Bulletin changes which included new Acceptance Date. EAD for approved I-140 is a separate proposal,  which is part of President Obama’s Executive Immigration Action. Rule Making is expected to being for EAD for I140 sometime in October 2015, but there’s no news on that yet. Last Updated Oct 28, 2015

 

EAD for I140 is a Go.  October 2015 Visa Bulletin has some Big News.  I mean this is CRAZY and BIG news for Employment Based (EB) community. Here’s Video Summary of the what has happened so far.

Breaking News: EAD for I140

  • New changes from October 2015 Visa Bulletin
  • New Cut Off Dates  – Acceptance Cut Off Date
  • Apply for EAD with approved I140 based on Acceptance Cut Off Date
  • Acceptance Cut Off Date is much earlier than Priority date
Watch the latest video interview with Immigration Murali About October Visa bulletin 2015

New Acceptance Cut Off Date 

Brand New Acceptance Cut is introduced for Employment Based Green Category (like EB1, EB2, EB3 categories), where countries like China, India are retrogressed.

Employment-
Based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIAMEXICOPHILIPPINES
1stCCCCC
2ndC01MAY14

01JAN13

01JUL11

01JUL09

CC
3rd01SEP1501OCT1301JUL0501SEP1501JAN15

01JAN10

Other Workers01SEP1501JAN0701JUL0501SEP1501JAN15

01JAN10

4thCCCCC
Certain Religious
Workers
CCCCC
5th Targeted
Employment Areas/
Regional Centers
and Pilot Programs
C01MAY15CCC

Stay tuned for updates and analysis.

[Tweet "EAD for I-140 is Approved. #EADi140 http://bit.ly/1UHzoNT”]

Regular Priority Dates for Employment Based Visa Categories

This is regular visa bulletin table with Priority Date from October 2015. This table looks similar to any previous months Visa Bulletin.

Employment- BasedAll Chargeability Areas Except Those ListedCHINA – mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC01JAN1201MAY05CC
3rd15AUG1515OCT1108MAR0415AUG1501JAN07
Other Workers15AUG1501JAN0608MAR0415AUG1501JAN07
4thCCCCC
Certain Religious WorkersUUUUU
5th
Targeted
Employment
Areas/
Regional Centers
C08OCT13CCC
5th
Pilot
Programs
UUUUU

 

How to Read the Acceptance Cutoff Dates?

For example, Take EB2 India  dates from above two tables.

  • Priority Date –  May 1, 2005
  • Acceptance Cut Off Date – July 1, 2011  (July 1, 2009)

Big News: If your Priority Date is on or before July 1, 2011, then you can apply for I-1485 from October 1, 2015.

Your actual green card and change of status will be issued when you Priority Date becomes current.

As you can see from Green Card Steps for EB2 and EB3, it can take years before EB3 and EB2 applicants from retrogressed countries to be eligible to apply for EAD (via I-485).

Why is This big News?

You can apply for EAD much earlier. EAD gives lots of benefits.

  • Apply for I-485 if you qualify (based on earlier Acceptance Cut off Date)
  • Then Apply for EAD and AP concurrently with I-485.

Read more about wait times here – How Long Does it Take to Get Green Card in the USA for EB1, EB2, and EB3

This new October 2015 visa bulletin introduced the new process will bring a welcome change to Employment Based Green Card community.   Massive Change.

What’s Next:

Get ready to file I-1485 if your Acceptance Cut Off Date is earlier than the July 1, 20111. 

Share this page and stay tuned for new updates.

Update 5: at Sep 25, 4:07 pm EST.

Comments

  1. Hi,
    I am a bit confused. The “140 for EAD” is different from “485/EAD/AP filing based on ACCEPTANCE CUTOFF DATE”??

    Now that they have finalized 140 based EAD, it looks like it does more harm than good and in fact, dangerous !! if you get EAD through 140 based one, you can’t do 485-need to do consular processing of GC, your eligibility for further EAD renewal may be gone if our EB2 priority date retrogresses more than a year as per final action date, plus spouse don’t automatic renewal. The “Compelling situation” claw makes it real deal breaker.

    My EAD/AP/485 has been filed based on “ACCEPTANCE CUTOFF-Dates for filing” . I am not sure if this is to worry or this EAD is like the actual green card EAD or…if this is the same horrible EAD like the 140 based EAD.
    Please share your opinion.Thanks.

  2. Hello Raghu,

    Thanks for providing guidelines on I-140/485.

    My I-140 was approved in Dec 2008 and priority date is May 2003. I’m currently living outside the US. Can you please advise how to file for I-485? do I need to be in the US for filing I-485? do I need start from LCA with reference to this priority date?

    Appreciate your reply!

    1. Any updates on EAD on the basis of approved I-140.
      At what stage the Rule(I14O- EAD) is and are there any hopes of this rule getting approved ?

  3. Hi Raghu,

    My I-140 has approved last month, My priority date is Mar 2009 EB2.

    Please let me know if I am eligible to apply for EAD?

    1. Author

      No you are not eligible if PD is not current. If you are on H1B, your spouse can apply for H4 EAD.

  4. Hi Raghu – This is Shantanu from New York.Just wanted to know if the proposed rule includes I140 portability as well please ? What I mean to ask if after getting an approved I140 ,will we be able to move to a employer preserving the older I140;not having to redo the PERM and I140 again for the new employer please ?

    1. Author

      Proposed rule doesn’t have I-140 portability. New employer have to start all over again with PERM and I-140.

  5. My priority date is current since Feb 2016 bulletin. How long will it take for my 485 approval. I am under Eb2, India category. Please let me know.

  6. Raghu,

    You are doing a great job. Thank you for sharing this information. People have been waiting for many years for GC, we can wait for 6 more months to see the BIG change.

    1. Author

      🙂 I will update the page as we get more details about the proposed text.

  7. Good job explaining the changes, I really appreciate it.

    Was this done by Executive Order of the President or its Administrative fix?

    Want to know because …..can this be reversed in the future. I am in Canada presently, my priority date is early 2010. I don’t want to make a move south if the rule can be reversed.

    Thanks,
    Sameer

    1. Author

      This is done as result of Executive Order and rule making is Administrative fix. So, this can be challenged. but, we have to wait for the details of the rule. But, the VB changes is not yet challenged 🙂

  8. whats BIG NEWS Than.. DESIS are very happy in just EB2 Priority date was July 2011. comon guys, should be 2013 to 2014 thats BIG NEWS for us.. Don’t make FOOL to DESI public here… what a Joke in videos you sharing.
    Prashant

    1. Author

      Prashant – The difference is that I’m sharing and have a community around this. You can complain about the videos and articles, but you watched, wrote a comment and it counts for page views. Pageviews = ad revenue. It helps to pay my bills.

  9. Hi Raghu, my i-140 is approved under EB2-NIW? Will i get the benefit of I140-EAD rule as i am self sponsored for my petition.

    1. Author

      There’s absolutely no details available on who will be eligible or requirements. Keep following this page for updates.

  10. Hello Raghu,

    Is there anything for EAD for EB3 Category ? What if priority date is March 2014.

      1. Hi RAghu ,
        My husband had applied for gc in May 2010
        Thought we hav I 140
        We duno how far it goes to get the cutoff date released
        Do u hav any idea of the present EAD which was reverted back in oct ?
        , anything likely to come forward as such ?

      2. Hi Raghu, my i-140 is approved under EB2-NIW? Will i get the benefit of I140-EAD rule as i am self sponsored for my petition.

  11. So all of you are relying on a QA engineer to get your immigration information? We sure are a hopeless desperate lot. Just live your life today. Good things will happen.

    1. Author

      FYI – I earn more from blogging than being a QA Engineer (we are talking 6 figures). Yes, you came here (not other sites) and it takes skills to get to ranked in Google. By the way, it’s passive income. site earns when you and I are sleeping. So, don’t underestimate the “QA Engineer”.

    2. Sites like these have been very helpful for people like us.
      someone is working hard to lay a platform like this… we have to appreciate that.

  12. Is there any possibility that cutoff date will soon be Aug 2013?

    or Is there any rules for i140 Approved EAD? How soon It will be reality for those who are waiting from years?

    1. Author

      EAD for I-140 is under works ( that are expected to publish the rule this month). But, we know how this immigration things work 🙂

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  15. Raghu,
    i think people on H1B or in GC process should come as one and
    make a case to use the unused visas. There should not be any componant attached to that
    Fistly we should make sure we find a senator who will, push forward the legal immigration.
    Mordernizing the immigration has no effect by obama, he is a sinking ship.
    Orrin hatch might be the one to do that…..either it can be done by legislation or regulation.
    But someone needs to start the process…asap.
    We can get signatures from most CEO’s to suppport this law.
    what do you think…..since we post heavily on forums, why not start doing something right away…
    atleast in 2-3 we might see some success. Thats better than 10 years of wait.
    please email me…about your thoughts. What raashi bhatnagar did for H4’s, we all can do this.
    thanks.

    1. Author

      VJ – It’s not as easy as it sounds. It been done for many many years now by ImmigrationVoice. I went to DC and meet with Senators and House Members for over 3 days events and similar event is been going on for every year. But, keep calling your representative and do what you can. H4 EAD didn’t require law change and Executive action works on the same line tight? House in Chaos right now with no leader.

  16. Ridiculously misleading header

    “Now you can apply for I-485 and EAD with approved I-140 ”

    There is no such law. You need to wait for the cut-off dates for applying. I have approved I-140 but PD in 2013, I can’t apply for I-485.

      1. Misleading headline. I140 EAD isn’t approved and has nothing to do with VB reform. No sure what the excitement is all about since VB has gone back to ’09 for EB2 even with acceptance date and is expected to delay more.

        I140 EAD+Portability + AP rule is the only hope during this wait time for entire EB2/EB3 community. Don’t mislead people. Not everyone is willing to wait for 6 years going by your so called “Crazy” news

        1. True.. this guy looks don’t know anything.. Do not follow big news L*nd mera BIG NEWS.

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  19. Hi,

    I see the acceptance date has moved to Jul 2009 .Before when it was 2011, I was able to apply EAD.
    So does this mean, I cannot apply for EAD now?

  20. My PD is April 23 2013. I have a Approved I-140 from Employer A. My question is in case the “Acceptance Cut Off Date” becomes current for my case, then

    1) Change employer after filing I-485, EAD & AP with Employer A.

    2) Once your I-485 is filed are you still tied to that employer or you can switch jobs/ join Employer B

    -> If we join Employer B , in this case, does Employer B again need to file for Labor/PERM, I-140 and I-485

  21. I applied for Eb2, My Priority Date is 03/16/2016. please keep me posted with the current updates. P

  22. Raghu,
    Just think other way around, now i have seen that most EB2 people are applying in EB1C
    Now by this year EB1 for India will also be unavailable and it will start sucking other EB1 from other
    other countries. When the Nobel prize winners , dont have any chance to apply, then that will create an uproar. Thats when they will go and change the system. when it affects the 1%, thats when the system changes, without that, there is no hope. They will start considering the unused visas.

    1. Author

      If EB1 for L1A is removed, it could solve this problem, what do you think?

    2. EB2 cannot re-apply under EB1C easily let alone in large numbers. EB1C is for L1A visas and it is a fresh application. There are some of us who are in EB2 and could perhaps justify an EB1 application given the highly specific cutting edge tech nature of work that we do but it is tricky and EB1 applications have a 40-60% rejection rate as opposed to EB2 applications (Because EB1 is not easily justified). I am honestly not sure where the abuse of EB1 is coming from apart from some in the L1A visa pools. So definitely don’t expect that to become oversubscribed any time soon.

  23. It would be nice if USCIS maintains date for 6 months of applications it can process. That way atleast one can reap the benefits of EAD/AP after 180 days of filing even if EAD/AP comes after 180 days.

  24. Any comments on why USCIS released a new visa bulletin today with retrogression in filing dates for EB2 india

    1. Author

      I’m reading some no so good things about this move from Immigration Attorney’s. Some reasons are political.

  25. Hi,
    Are there more reforms expected in October 2015 or within 1st quarter of 2016. Any use of having approved I140 which is approved for more than 3+ years. Especially there is no relief for EB3 India folks.

    Please share your thoughts.

    SB.

    1. Author

      There’s no more planned reforms for H4 EAD. Maybe few related to PERM Labor.

  26. Hi,
    Are there more reforms expected in October 2015 or within 1st quarter of 2016.
    Any use of having approved I140 which is approved for more than 3+ years.
    Especially there is no relief for EB3 India folks.

    Please share your thoughts.

    SB.

  27. @santo: I even asked the similar question. Raghu/Murali smartly answered: Even astrologers can’t predict that. Acc to Mr Murali ‘application date’ can even retrogress in next visa builtein. But Than I think it gonna defeat the purpose of removing backlog. I believe it might move slowly (hope I’m wrong here and dates move fast) but eventually they would try to bring application acceptance date close to current.

  28. Hi Raghu, I have an I-130 approved on a marriage based petition to a GC holder and it is already in NVC, now would I be able to file my I-485 with USCIS while my file is still with the NVC.? If yes, how can i ask them to send my file back to USCIS from as I am physically present in the US.?

    Your response will be truly appreciated.

    Thanks,
    Raj

  29. Currently working for different client as fulltime. I still have I140 approved through my previous employer ,so can my previous employer file I485 & EAD under new Obama immigration changes ?. Once EAD is approved through previous employer , do i have to switch job back to previous employer if it is necessary ?.

  30. I appreciate your efforts.
    I guess one question asked by many people is still unanswered, will appreciate if you can find this out

    Question:
    Can the person with pending PERM with current employer apply for I-485 is he/she has
    approved PERM and approved I-140 with previous employer, of course with the priority date before July 2011.

    Thanks

        1. If your previous employer has not revoked your 140 and if you can join them back then you can file 485 or else you will have to go with the new employer after your 140 is approved.

  31. My I-140 was approved from previous employer and is before Jun 2011 in EB2. With my new employer, my PERM has been applied and waiting for getting approved in few months.

    Can I still file my EAD with old I-140 approved from previous employer? Please let me know. Thanks

  32. Hi Raghu,

    I recently changed my job role within the same company. I have an approved I140 but my new role requires the employer to re-file the LCA and I140. However I will be able to retain my PD once the new petition has been approved.
    The employer hasnt filed the new petition yet. I wanted to know if I can use my current approved I140 to file the EAD under this new rule. I meet the cut off date deadline.

    Thanks!

      1. Thanks for your quick response Raghu,

        I saw the Q&A session with Murali. My scenario is a little different from what is answered on the video call with Murali. My scenario is a change of job function/role within the same company/employer which is resulting in the need to file a new GC petition. So I am not sure if my existing approved I140 can be used for filing EAD since it was filed for another role/function.

        Please advice.

  33. Is this EAD same as the EAD we used to get earlier?
    Like for the family or just the primary H1 holder.

    If it is for family, the H4 EAD will have less relevance.

    1. Author

      This is for the Family. H4 EAd still is relevant, if dates don’t move faster. Like people with Approved I-140 and Pd after Juli 1, 2011.

  34. Quick question: Does this new I-140/ead rule benefits the spouse as well if spouse is on H1B but has been listed under approved I-140 OR only to the primary applicant of I-140. Thanks.

    1. Author

      This is benefit you are getting via I-485. EAD applies to principal applicant and Spouse.

  35. Hi raghu,

    Really appreciate the good work! On an unrelated topic to this article, how much time does it take for lca to get approved. My employer says it might take 2-3 months :/

    Have the timelines changed regarding lca approval? Coz earlier it used to take 5 7 business days.

  36. Hello Guys,

    Thanks Raghu for everything that you have been doing, i am helping many ppl with their questions with the answers i know in various blogs and i am glad to help.I have one small question, can my spouse be on F1 visa to include her in I-485 filing?

  37. Hi Raghu,
    Thanks for the update .. This is definitely a very very good news. I have a question ? Actually my I140 got approved with a priority date of June 2011. How I am eligible for this EAD process .. Right now am out of USA due to max out. Could you please throw some light on it?

    1. Author

      I’m not sure how this can help you, but if you listen to the interview, you can see that this applies to folks who are out of the country. You should consult an Attorney.

  38. Do we have to continue to maintain H1B status after getting EAD?
    If not How do they determine the valid from and valid until dates of EAD during renewal?

  39. Hi , my PD is July 10 2013. But I am going to relocate to different state within Same company.
    Am I eligible to to apply EAD once My PD with in Acceptance Cut Off Date ?
    Or I have to start new I 140 and get approved by that time?

  40. My PD is July 01 2011 and i have an approved I-140 in EB2 category (India). Does this mean i am eligible now to apply for I-485? Please confirm this as Visa bulletin says “earlier than” cutoff date. Does this mean its ‘before’ or ‘on or before’ My Priority date falls exactly on the cutoff date of July 01 2011. Please let me know what exactly ‘earlier than’ means and help clear my confusion.

    Thanks!

  41. My company filed my GC perm on Jun 2012, but i’ve received RFE within 3 months. They processed RFE in one month but my perm got rejected and then my company appealed again. So far no news, almost crossed 3 years had gone after 6yrs cut off date. Is it worth to stay here?

  42. hello hi how are you sir i am usman khan from Pakistan sir how are you sir i am very thanks ful to you .sir tell me biggest news .ok i have a question sir please tell me sir this opportunity are also for Pakistani people or not only three countries , what is process to apply this opperunites please send me detail ..
    thanks sir
    REG
    usman khan

  43. Is there a chance that these new dates go backward?

    Like the actual prio date went back to May 2005 in last 3 months.

  44. My I-140 was approved from previous employer and is before Jul 1, 2011 in EB2. With my new employer, my PERM has been applied and waiting for getting approved in few months.

    Can I still file my EAD with old I-140 approved from previous employer? Please let me know. Thanks!

    1. I have the same situation. Can we apply for 485 & EAD using an approved i140 from a previous employer?

  45. My i-130 is already approved but the PD is Feb 2015. My spouse is not in US and I am a GC holder. How do I file my i-1485? Thank you in advance.

  46. Hi Mr.Raghuram,

    My husband currently on H1-B visa today his employer sent election certification form and my husband filled the form and sent to his employer.Now he has a doubt that whether to change to EAD or to be in H1 Visa because if any query raised in greencard there is no other option to be here in U.S.A we need to leave this place at any cost.If he will be in H1 visa we can apply for green card again if any query raised. Can you please suggest.

    1. Author

      . Question specific to your case (immigration) should go be submitted to an attorney.

  47. My I-140 is approved from previous employer. With my new employer I am in the middle of PERM application. Can I still file my EAD with old I-140 approved. Please let me know. Thanks!!

    1. did you find the answer to this? I am in the exact same situation …. Pls do share if you find an answer to this …. Thanks.

  48. Can you make this clear?

    Case:

    Part 1:
    Priority Date = Jan 11
    Now Applicant applies for 485 and EAD.
    USCIS accepts application on file since his priority date is current as per ‘Acceptance Cut Off Date – July 1, 2011’

    Part 2:

    A1) USCIS keep the application on file until ‘Priority Date – May 1, 2005’ crosses Jan 11.
    A2) Applicant gets the EAD.

    OR

    B1) USCIS will approve EAD and 485 within 3-12 months

    I am clear about Step 1.
    But in step 2 which is the actual route? A1-A2 or B1?

  49. Good news but wat about people who applied after 2011? Will it move further,Please answer,Thanks

  50. How does it work if I have an approved I-140 with my previous employer, do I need to talk to my current employer to file I-485?

  51. What are the chances of acceptance date moving forward in coming months from July 2011?

  52. The title to this article is misleading and is meant to generate traffic to the site. Filing of 485 has nothing to do with 140 which can be filed concurrently with 485.

  53. Raghu,
    I have my I 140 approved and my priority date is Sept 2010.
    I am getting married in Nov this year.Can I apply for 485 or should I need to wait till I get married and apply together with my wife.

  54. My Priority Data is after the Acceptance Cut off Date..How how should i need to Apply for i-485.

    Thanks,
    Arvind

  55. Should the I-140 be with the current employer to file I-485? I have approved I-140 from my previous employer (PD : Nov 2012).

    Thanks,
    Aravind.

    1. Author

      Aravind – I don’t know the answer, but I will ask Murali tomorrow morning.

      1. First of all Thanks a lot Raghu for sharing this news. Much awaited news for many folks who is having approved I140. I also have the same question “Should the I-140 be with the current employer to file I-485? I have approved I-140 from my previous employer (PD : March 2012) and its active and not revoked. What about filing I-485 when I140 is revoked by previous employer?

      2. Do we know the answer to this? I have an approved i140 from a previous employer & my current employer has just started my PERM process.

        Thanks.

  56. I got my i-140 approved in EB2 a month back, people are talking about this new rule in october 2015 which allows everyone with approved 140 to apply for i485 and after 6 months EAD… is it true ?

    Can’t wait to hear…

    1. partly true. you can only apply for 485 if your PD is before the Acceptance cut off date.

  57. Hi Raghu

    Will we be able to file I-765 (EAD) and I-131 (travel document) along with our 485? Do we need to wait until 485 gets approved ? Appreciate your response.

  58. I have I140 with previous employer. and current company is filing perm. Can I use the previous I140 and apply for EAD ?

  59. Most likely this is a very Naive question, but what is the benefit of having EAD prior to having GC?

    1. Author

      – With EAD one can work for any U.S. employer – Start a company.
      – Work multiple jobs, etc.

      Just to name a few…

  60. my PD is 2011 1st October, when do you thing the acceptance PD will move beyond that.

    1. Author

      I don’t know yet. But, I will know in next few hours or by tomorrow when I interview Attorney Murali.

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  61. Hey Raghu , I have a question? Actually my I140 got approved with a priority date of Dec 2013. How I am eligible for this 140 EAD process .. Can you explain in detail. How far i have to wait ?

    1. Author

      With PD of Dec 2013 – You have to wait till Acceptance Cut Off date will come to Dec 2013 or after. till then sit tight 🙂

        1. Author

          This is hot news. I’m in the same state as you are and I’m not an attorney 🙂 Keep checking this page. I’m adding last update time at the end.

          1. Hi Raghu,
            Thanks for the update .. This is definitely a very very good new. My sister has a pd for 2013 Jan. She has an offer from a good company and is wondering if its a good idea to change jobs now.

            Can I485 be applied based on her current company once she moves? (wondering if its same like for EAD for H4)

            The new company is ready to file GC on the forst day itself.

  62. I see that you said to Stay tuned for updates and analysis but jumping the gun here in trying to understand the advantage to applicants –

    Am I missing something or does this imply that once your priority date is before the acceptance cut off date, you can apply for an EAD, which will then allow you to work for any employer?

    1. Author

      1. Check if your PD (date when your PERM was filed) 2. If PD is on or before Acceptance cutoff Date.
      3. If Yes, then apply for I-485.
      4. Wait for 6 months after I-485 application and then file for EAD.

      Got it?

      1. yes, clear as mud. hope this benefit stays around for a long time because the bulletin says that applicants can file an I 485 in this month (october).

  63. What wrong did EB3 India do, nothing or no changes for them even if they have an approved i140

        1. Author

          It’s still better then PD of May 2014 right? 1 Year is better then nothing.
          Take what you get. things like this doesnt come too often.

      1. I’m EB3 India, with PD of October 2008. How long do you think I’ll have to wait to atleast get an EAD to change jobs without the visa hassle ?

        Thanks,

        Rajeev

  64. I am currently on f-1 visa now, and my company wants to start the GC process. Do you have an idea, if my employer starts the labor certification process this month, how long will it take to get EAD IF i 140 is approved?

    1. I don’t think its a good idea to apply for GC while on a F-1 visa. Please remember that F-1 is not a dual intent visa. Which means your F-1 status does not allow you to have an intent to permanently immigrate to the united states.

  65. Hi Raghu,
    So from what I understand, we cant get EAD after I 140 is approved? We still have to wait for a couple of years right?

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