nrakkati
03-21 03:28 PM
There you go. Here is the link for the opinion letter
www.murthaimmigration.com/wp-content/uploads/2007/08/sheela_murthy.pdf
(http://immigrationvoice.org/forum/www.murthaimmigration.com/wp-content/uploads/2007/08/sheela_murthy.pdf)
Read it, Understand it and then please let me know if you still think that OP was in "unauthorized work", as this is what you have written before
Again, Thanks a bunch Desi3933. My case is pretty much same as 'Scenario 1' in this Murthy document.
Desi3933 cleared the 99% of the cloud surrounded this issue by pointing to murthy.com (I maintained valid status with 'Employer #2' and this doc says I am good to go). Thank you very much Desi3933.
Apologize for extending the topic....but one of the 'still open' question is what if the Second Employer H1B is 'NEW' and what if it is 'Transfer'.
Murthy document does not say about the Company B H1B is NEW or TRANSFERRED.
If New H1B and Transferred H1B are same....then problem is solved.
Many of you here said both are same. I assume so too. But, we haven't proved Gapala is wrong yet (no hard feelings gapala. it is not my intention to hurt you). if 'NEW and TRANSFERRED' are different, Murthy should have mentioned in her Document, but she did not do that. So, can we safely assume, that 'NEW and TRANSFERRED' are same.
Thank you everyone who responding to my post.
www.murthaimmigration.com/wp-content/uploads/2007/08/sheela_murthy.pdf
(http://immigrationvoice.org/forum/www.murthaimmigration.com/wp-content/uploads/2007/08/sheela_murthy.pdf)
Read it, Understand it and then please let me know if you still think that OP was in "unauthorized work", as this is what you have written before
Again, Thanks a bunch Desi3933. My case is pretty much same as 'Scenario 1' in this Murthy document.
Desi3933 cleared the 99% of the cloud surrounded this issue by pointing to murthy.com (I maintained valid status with 'Employer #2' and this doc says I am good to go). Thank you very much Desi3933.
Apologize for extending the topic....but one of the 'still open' question is what if the Second Employer H1B is 'NEW' and what if it is 'Transfer'.
Murthy document does not say about the Company B H1B is NEW or TRANSFERRED.
If New H1B and Transferred H1B are same....then problem is solved.
Many of you here said both are same. I assume so too. But, we haven't proved Gapala is wrong yet (no hard feelings gapala. it is not my intention to hurt you). if 'NEW and TRANSFERRED' are different, Murthy should have mentioned in her Document, but she did not do that. So, can we safely assume, that 'NEW and TRANSFERRED' are same.
Thank you everyone who responding to my post.
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snathan
01-13 02:59 PM
I believe we are wasting our energy here. Quarterly spill over is already a law and we need to make DOS/USCIS to implement it. If we have some many people are ready to sue USCIS on country quota issue, why dont we use that energy on the low hanging fruit...
You may argue that only EB2 will benefit...but once EB2 become current, its going to spill over to EB3.
You may argue that only EB2 will benefit...but once EB2 become current, its going to spill over to EB3.
bondgoli007
06-26 06:09 PM
I know IV is doing its best and there are other groups fighting for HR 5882.
But honestly, what are the chances for this bill to succeed this year (before election)?
100% or 75% or 50% or 25% or 0%
Ron Gotcher predicts that none of the individual bills may pass this year.
And also that EB3 I may not move forward even next year!
I am not sure how many EB3 (I) volunteers are there in IV (who are really focussed). Are they getting nothing? The prediction is that EB3 I may go back to Nov 2001 and stay there for a while (or may be for the rest of next year).
Is the efforts of EB3 (I) volunteers being exploited (indirectly, ofcourse)? What are they fighting for?
First of all, I can commiserate with you and understand how important any news about the expected PD movement is. However I am sure you will also agree if nothings changes, the agonizing wait will keep getting longer. Now what needs to change and what the success percentage is at least partially up to us.
By believing that no matter what, EB3 is destined to have a long wait you might be not taking advantage of the possibility that there is some chance (no ones know how much) that things might get better. So lets just put our combined optimistic efforts into this initiative because that is a prerequisite for any change..now or later.
All the best and hang in there pal!
But honestly, what are the chances for this bill to succeed this year (before election)?
100% or 75% or 50% or 25% or 0%
Ron Gotcher predicts that none of the individual bills may pass this year.
And also that EB3 I may not move forward even next year!
I am not sure how many EB3 (I) volunteers are there in IV (who are really focussed). Are they getting nothing? The prediction is that EB3 I may go back to Nov 2001 and stay there for a while (or may be for the rest of next year).
Is the efforts of EB3 (I) volunteers being exploited (indirectly, ofcourse)? What are they fighting for?
First of all, I can commiserate with you and understand how important any news about the expected PD movement is. However I am sure you will also agree if nothings changes, the agonizing wait will keep getting longer. Now what needs to change and what the success percentage is at least partially up to us.
By believing that no matter what, EB3 is destined to have a long wait you might be not taking advantage of the possibility that there is some chance (no ones know how much) that things might get better. So lets just put our combined optimistic efforts into this initiative because that is a prerequisite for any change..now or later.
All the best and hang in there pal!
2011 Pintura de 22 castas
kshitijnt
04-17 01:08 AM
Guys I need to tell you my story:
Last year HP acquired my company called Knightsbridge. Fragomen is HPs law firm. Everything was going well until we had this monster called fragomen deal with us. My I-140 was approved way back in 2006 and was waiting for a Jun-2005 PD to be current. In July 07, when VB was released, Fragomen suddenly found a problem with labor certifications of around 100 people. They had access to labors from Dec-06. Only they know what they were doing between Dec-06 and Jul-07. In june 07, the PD had moved a bit forward to 2004. That time Fragomen contacted a few employees to file 485. As soon as Julu-07 bulletin came out they suddenly changed their tune. The word "travel required for job" was missing from the labor. Fragomen advised HP not to go ahead with 485. All our arguments were falling on deaf ears. All independent attorney opinions were disregarded and HP decided to take fragomens advise and not to file 485 but to restart labor.
After my new labor got approved, I asked fragomen to apply for consular processing in my case. They tried to escalate it to various levels in HP and pressurise me to file I485. Finally I told my boss, I want consular and also picked up a fight with HP employee not to interfere in my GC process. Because this employee always sings the tune of fragomen. After this, they have not shown any interest in filing my I-140.
After restarting labor Fragomens service is generally upto the mark, however; they are rude and uncompromising, in that they will not share a copy of labor certification or I-140 with employee. To some of my coworkers they will not even bother to respond to him for his 7th year H1 extension despite numerious queries. One of my friends also got better than expected service in that they filed his 485 just 2 days before his PD was moving from current to retrogressed. That is the only one case I have seen with positive outcome in my company. Some employees from my company suddenly went into silent mode after July-07. I suspect, they were given under the table deals to go ahead with old labor. However I can not prove that.
After seeing all this behaviour, I have come to conclusion that Fragomen will give you good service if they see good potential revenue from you in future. Like EADs , APs etc, multiple H1 extensions etc. I think they are very money minded company and feel that they proactively advise employers to go slow on immigration and they also advise employers on how slow immigration could benefit the employer in the long run. They are completely unethical in my personal opinion. When they were describing the situation to our managers in Jul07, they were very insensitive and were showing as if nothing else had happened.
No one was held responsible for this fiasco and all good hard working people were left to suffer. Due to this I have come to despise fragomen and I also despise some big employers who use them. Here is the list:
HP, Cisco, TCS, Deloitte, IBM, ...... add yours to the list.
Last year HP acquired my company called Knightsbridge. Fragomen is HPs law firm. Everything was going well until we had this monster called fragomen deal with us. My I-140 was approved way back in 2006 and was waiting for a Jun-2005 PD to be current. In July 07, when VB was released, Fragomen suddenly found a problem with labor certifications of around 100 people. They had access to labors from Dec-06. Only they know what they were doing between Dec-06 and Jul-07. In june 07, the PD had moved a bit forward to 2004. That time Fragomen contacted a few employees to file 485. As soon as Julu-07 bulletin came out they suddenly changed their tune. The word "travel required for job" was missing from the labor. Fragomen advised HP not to go ahead with 485. All our arguments were falling on deaf ears. All independent attorney opinions were disregarded and HP decided to take fragomens advise and not to file 485 but to restart labor.
After my new labor got approved, I asked fragomen to apply for consular processing in my case. They tried to escalate it to various levels in HP and pressurise me to file I485. Finally I told my boss, I want consular and also picked up a fight with HP employee not to interfere in my GC process. Because this employee always sings the tune of fragomen. After this, they have not shown any interest in filing my I-140.
After restarting labor Fragomens service is generally upto the mark, however; they are rude and uncompromising, in that they will not share a copy of labor certification or I-140 with employee. To some of my coworkers they will not even bother to respond to him for his 7th year H1 extension despite numerious queries. One of my friends also got better than expected service in that they filed his 485 just 2 days before his PD was moving from current to retrogressed. That is the only one case I have seen with positive outcome in my company. Some employees from my company suddenly went into silent mode after July-07. I suspect, they were given under the table deals to go ahead with old labor. However I can not prove that.
After seeing all this behaviour, I have come to conclusion that Fragomen will give you good service if they see good potential revenue from you in future. Like EADs , APs etc, multiple H1 extensions etc. I think they are very money minded company and feel that they proactively advise employers to go slow on immigration and they also advise employers on how slow immigration could benefit the employer in the long run. They are completely unethical in my personal opinion. When they were describing the situation to our managers in Jul07, they were very insensitive and were showing as if nothing else had happened.
No one was held responsible for this fiasco and all good hard working people were left to suffer. Due to this I have come to despise fragomen and I also despise some big employers who use them. Here is the list:
HP, Cisco, TCS, Deloitte, IBM, ...... add yours to the list.
more...
VSS2007
06-30 05:57 PM
Hi neerajkandhari,
Can you tell me how many days took to get your physical renewed card by mail from "Card production ordered" date?
I got my card today
the old ead was expiring on sept 2008
the new is expiring on sept 2009
Thanks
Can you tell me how many days took to get your physical renewed card by mail from "Card production ordered" date?
I got my card today
the old ead was expiring on sept 2008
the new is expiring on sept 2009
Thanks
grupak
07-13 11:57 AM
We need to get the 3 immigration bills introduced with bi-partisan support.
Did you watch Lofgren video
http://www.fastcompany.tv/video/the-geeky-congresswoman
Start watching from about 6 1/2 minutes.
Did you watch Lofgren video
http://www.fastcompany.tv/video/the-geeky-congresswoman
Start watching from about 6 1/2 minutes.
more...
alterego
11-07 10:28 PM
Looks like the Leadership of the house is changing.
Interestingly I heard one of the republican commentators comment that whatever happens, including if the republicans lose there will be a change in the house minority republican leadership, he was putting forward people like Pence and Shadegg as the new leaders(they have been pro SKIL bill). In other words, No Hastert, No Sensenbrenner etc in the committees.
Interestingly in the districts that republicans ran anti-immigrant platform, they lost badly. One of the bellweathers districts for that in Arizona, Candidate Graf(who got the republican nomination by his very hard anti illegal immigration platform) lost heavily to a democrat who is pro CIR. There are many more such examples (Sen. Santorum is another example). Thse results bode well for legislation as long as the issue comes up for debate again in this congressional year.
Who knows, now the house republicans might even be willing to consider it in the lame duck session, as atleast they will get to have some say in it. Will be interesting in the next few months.
Interestingly I heard one of the republican commentators comment that whatever happens, including if the republicans lose there will be a change in the house minority republican leadership, he was putting forward people like Pence and Shadegg as the new leaders(they have been pro SKIL bill). In other words, No Hastert, No Sensenbrenner etc in the committees.
Interestingly in the districts that republicans ran anti-immigrant platform, they lost badly. One of the bellweathers districts for that in Arizona, Candidate Graf(who got the republican nomination by his very hard anti illegal immigration platform) lost heavily to a democrat who is pro CIR. There are many more such examples (Sen. Santorum is another example). Thse results bode well for legislation as long as the issue comes up for debate again in this congressional year.
Who knows, now the house republicans might even be willing to consider it in the lame duck session, as atleast they will get to have some say in it. Will be interesting in the next few months.
2010 ver el cuadro de la Guerra
vadicherla
05-17 11:57 PM
Just did
more...
vina92
11-08 01:28 PM
I do not understand what Ombudsman is trying to imply. Are you happy or unhappy about Dems taking up the house? We don't know what they''ll do but I definitely feel hopeful about it. Infact it was the dreaded house where everything stopped in the past. Two times in the past senate okayed bills with legal immigration and were voted down by members of ultra conservative right wing Republicans. I am sure anything will be better than the old house.
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puddonhead
05-30 07:58 PM
Transaction ID: 3F820914GJ459814D
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new2H1&GC
08-04 09:29 AM
Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again THANK YOU for your replies, it's a BIG HELP!
I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.
However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.
In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again THANK YOU for your replies, it's a BIG HELP!
I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.
However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.
In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
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nixstor
03-05 12:31 PM
Those of you who are thinking that you can write a SQL query in a snap, you are egregiously mistaken.
The CLAIMS database, which contains the AOS/485 petitions is neither a SQL database nor a modern CRM application. AFAIK, It is a legacy Mainframe system and needs significant effort and rare expertise to extract the data.
Ideally, The Country of Chargeability should be in there. But these systems were built around 92 or before and the requirements gathering probably might not have thought about retrogression or carelessly left it out. What ever it is, it is not in the electronic format, it is almost impossible to get the biographic information unless a physical check is conducted. We can cringe and cry all we want, but not a lot is going to happen on the CC
The good side of the issue is, Since EB-3 ROW is beyond 2004 and we have per country PERM data (not completely accurate, but significant), our statisticians and operations research folks will break down both data and get some thing that is valuable and accurate above 90%. We can safely assume that more than 90% EB-3 Pending before 2005 belong to I, C & M.
What bothers me is the requirement of the definition of Priority Date? You would expect some one in the CIS/NRC to know what a priority date is. Don't ya? Any ways, We are working with members who received the response to get a better answer from CIS to determine further action.
Stay tuned and we will let you know.
The CLAIMS database, which contains the AOS/485 petitions is neither a SQL database nor a modern CRM application. AFAIK, It is a legacy Mainframe system and needs significant effort and rare expertise to extract the data.
Ideally, The Country of Chargeability should be in there. But these systems were built around 92 or before and the requirements gathering probably might not have thought about retrogression or carelessly left it out. What ever it is, it is not in the electronic format, it is almost impossible to get the biographic information unless a physical check is conducted. We can cringe and cry all we want, but not a lot is going to happen on the CC
The good side of the issue is, Since EB-3 ROW is beyond 2004 and we have per country PERM data (not completely accurate, but significant), our statisticians and operations research folks will break down both data and get some thing that is valuable and accurate above 90%. We can safely assume that more than 90% EB-3 Pending before 2005 belong to I, C & M.
What bothers me is the requirement of the definition of Priority Date? You would expect some one in the CIS/NRC to know what a priority date is. Don't ya? Any ways, We are working with members who received the response to get a better answer from CIS to determine further action.
Stay tuned and we will let you know.
more...
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nogc_noproblem
04-25 10:56 PM
Earlier I used google checkout for contribution but now I could not see that option. Not sure whether I am missing something, could anybody direct me to the relevant page where I can make the contribution through google checkout?
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eb3retro
06-30 03:29 PM
I am one of many many and happy to see this development.
I am puzzled.
Just would like to remind you all , only couple of months back, there was a great optimizm of CIR .. but today we know it is in stalemate.
So I think this time around we should be cautious. I have a question... What is the gaurantee that this bill is not to increase H1-B alone? Sorry If I am not being optimistic here.
I request, Our web faxes clearly state why we support SKILL BILL... If I read right and remember it well, this Forums goal is to reduce retrogression/backlogs.
Now to be positive I am copying an extract that was in quotes in press release ..
“To our detriment, current policy mandates that we educate and train these brilliant individuals and then send them away to other countries to compete against us.”
Thank you IV for your efforts.
Excellent Point. Its defenitely not in any of the employer's interest to worry about EB issues. Infact they prefer people being in H1. and I certainly do not want to support that. There are good chances that congress increase H1 quota and we end up supporting the wrong cause. As far as IV is concerned, I would even go to the extent of saying that we should not support H1 causes, as there are enough candidates in H1 here undergoing EB problems. Thanks for bringing out an excellent point regarding this bill. My opinion is, if EB issues are not stressed properly, this bill will be viewed as "INCREASE FOR H1B BILL".. my 2 cents.
I am puzzled.
Just would like to remind you all , only couple of months back, there was a great optimizm of CIR .. but today we know it is in stalemate.
So I think this time around we should be cautious. I have a question... What is the gaurantee that this bill is not to increase H1-B alone? Sorry If I am not being optimistic here.
I request, Our web faxes clearly state why we support SKILL BILL... If I read right and remember it well, this Forums goal is to reduce retrogression/backlogs.
Now to be positive I am copying an extract that was in quotes in press release ..
“To our detriment, current policy mandates that we educate and train these brilliant individuals and then send them away to other countries to compete against us.”
Thank you IV for your efforts.
Excellent Point. Its defenitely not in any of the employer's interest to worry about EB issues. Infact they prefer people being in H1. and I certainly do not want to support that. There are good chances that congress increase H1 quota and we end up supporting the wrong cause. As far as IV is concerned, I would even go to the extent of saying that we should not support H1 causes, as there are enough candidates in H1 here undergoing EB problems. Thanks for bringing out an excellent point regarding this bill. My opinion is, if EB issues are not stressed properly, this bill will be viewed as "INCREASE FOR H1B BILL".. my 2 cents.
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H4_losing_hope
02-21 09:21 AM
Thanks sparky_jones and mpadapa!!!!!!!!!
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migboy
07-19 07:53 PM
Following the July2 fiasco, my 140 was sent to TX Service Center on July 10, received by them on July 11.
Not received Receipt notice yet. Anyone else who filed with TxSC in July get a receipt yet? Does only the lawfirm get a receipt or also the employer? How long has it been taking TxSC to send receipt notice in the month of July? llot of discussion about NSC but I didn't see any mention of TXSC.
My lawyer tells me there may be some clarification from USCIS next week about filing 485 with just a receipt number (from a cleared check) or with proof of Fedex delivery; for now confusion prevails about whether or not such a 485 application will be rejected. Lawyer is not sure if cleared checks will reach them before 4 weeks from the bank. They don't seem able/willing to find the eCopies of the checks on the bank website. Some people mentioned employer sends the check, i think the lawfirm does?
Wonder if anyone has any views on refiling 140, but concurrently with a 485 this time? Has anyone tried this? Does the Labor certification letter you personally got not count as original LC? Only the one sent to lawyer counts as orig?
Does USCIS callcenter entertain any calls to find out receipt number after 15 days? Anyone have a specific number for TX SC?
Not received Receipt notice yet. Anyone else who filed with TxSC in July get a receipt yet? Does only the lawfirm get a receipt or also the employer? How long has it been taking TxSC to send receipt notice in the month of July? llot of discussion about NSC but I didn't see any mention of TXSC.
My lawyer tells me there may be some clarification from USCIS next week about filing 485 with just a receipt number (from a cleared check) or with proof of Fedex delivery; for now confusion prevails about whether or not such a 485 application will be rejected. Lawyer is not sure if cleared checks will reach them before 4 weeks from the bank. They don't seem able/willing to find the eCopies of the checks on the bank website. Some people mentioned employer sends the check, i think the lawfirm does?
Wonder if anyone has any views on refiling 140, but concurrently with a 485 this time? Has anyone tried this? Does the Labor certification letter you personally got not count as original LC? Only the one sent to lawyer counts as orig?
Does USCIS callcenter entertain any calls to find out receipt number after 15 days? Anyone have a specific number for TX SC?
more...
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m306m
05-02 09:33 AM
<<bump>>
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Hinglish
03-21 05:49 PM
Your arugment would hold if there were no country limits.
Thats whats amazing ... for the redistribution there is NO country limit !!!!
Thats whats amazing ... for the redistribution there is NO country limit !!!!
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gc_aspirant_prasad
09-19 07:37 PM
Well said LogicLife!
Folks let us continue the momentum with good advice & coordination from IV core.
Folks let us continue the momentum with good advice & coordination from IV core.
malibuguy007
06-01 03:54 PM
Confirmation Number: B77QX-MW3FS for $100
walking_dude
10-10 02:15 PM
I understand your friends marriage is important and you can't miss it at any cost.
I'm hoping that since you anyways plan to be in Troy that day, you can try to attend for 15 minutes-30 minutes and then leave for your friends ceremony. I don't think the meeting will be a whole day afair. It might last half an hour to an hour max. Please consider the possibility of partial attendance, if possible, while attending your friends marriage - as every extra member attending the meet is a moralebooster to the rest of us.
It would be great if we can have you there, even if it's just for a few minutes. (You can call one of us later for more details)
I am very sorry but I will not be able to make it on the 20th. I was informed by my Indian friend that he will get married on the same day at Troy too. Talking about coincidence. Anyway, I wish the Michigan Chapter meeting will be successful.
I'm hoping that since you anyways plan to be in Troy that day, you can try to attend for 15 minutes-30 minutes and then leave for your friends ceremony. I don't think the meeting will be a whole day afair. It might last half an hour to an hour max. Please consider the possibility of partial attendance, if possible, while attending your friends marriage - as every extra member attending the meet is a moralebooster to the rest of us.
It would be great if we can have you there, even if it's just for a few minutes. (You can call one of us later for more details)
I am very sorry but I will not be able to make it on the 20th. I was informed by my Indian friend that he will get married on the same day at Troy too. Talking about coincidence. Anyway, I wish the Michigan Chapter meeting will be successful.
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