champu
02-23 02:26 PM
Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.
My dear friend, people are nervous. I am too. Bad news are coming from all corners.
USCIS raids; Property & Stock Losses; Jobs disappearing. If you are in the middle of this then you would know. Sitting pretty in a recession proof role or job and commenting on others is easy.
My dear friend, people are nervous. I am too. Bad news are coming from all corners.
USCIS raids; Property & Stock Losses; Jobs disappearing. If you are in the middle of this then you would know. Sitting pretty in a recession proof role or job and commenting on others is easy.
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dcrtrv27
11-13 07:59 PM
I got the follwing form web site...Has anyone heard of trying this path?
I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(
USCIS Expedite Criteria
USCIS Expedite Criteria
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(
USCIS Expedite Criteria
USCIS Expedite Criteria
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
a_yaja
04-23 09:08 AM
I am sure this question must have been answered before, but as i could not find anything with reference to it, so i thought of posting it here.
I just received a copy of the labor from my company. Is there a way to find out, whether the labor was cleared for EB-2 or not.
I am novice in this area.
If there are any other ways to find out, can anyone shed some light on it.
Thanks.
Can you please elaborate? When you say "whether the labor was cleared for EB-2 or not" - do you mean that your employer has already filed you I-140 application and you received an approval notice for the I-140? Or did your employer file for Labor Certification under the PERM process and your labor was approved?
If your I-140 was cleared - look to see under which category the I-140 was approved (more information on that @ http://www.uscis.gov. Search for Employment Based Green Cards).
If your Labor Certification is cleared and you still need to apply for I-140, then the wording and the requirements determine if the job will qualify for EB2 (Labor Certification itself does not specify the EB category). For example, if the requirements state that a Master's is required or a Bachelor's + 5 yrs of experience is required, then you may qualify for EB2. You should remember that even though the Labor Certification requirements qualify you for EB2, your employer may choose to file under EB3.
I just received a copy of the labor from my company. Is there a way to find out, whether the labor was cleared for EB-2 or not.
I am novice in this area.
If there are any other ways to find out, can anyone shed some light on it.
Thanks.
Can you please elaborate? When you say "whether the labor was cleared for EB-2 or not" - do you mean that your employer has already filed you I-140 application and you received an approval notice for the I-140? Or did your employer file for Labor Certification under the PERM process and your labor was approved?
If your I-140 was cleared - look to see under which category the I-140 was approved (more information on that @ http://www.uscis.gov. Search for Employment Based Green Cards).
If your Labor Certification is cleared and you still need to apply for I-140, then the wording and the requirements determine if the job will qualify for EB2 (Labor Certification itself does not specify the EB category). For example, if the requirements state that a Master's is required or a Bachelor's + 5 yrs of experience is required, then you may qualify for EB2. You should remember that even though the Labor Certification requirements qualify you for EB2, your employer may choose to file under EB3.
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indyanguy
01-13 10:39 AM
Sure, I will try to do that. But the lawyer has a mind of his own, a very adamant one who would not listen to anyones suggestions. Also, I am racing against time. I have very little time to get new EVLs and have my lawyer submit them. Thanks for the suggestion.
more...
MYGCBY2010
07-27 04:37 PM
For getting the Copy of my Labor Certificate, Do I still need to submit the FOIA form to USCIS or should it be submitted to different department. Please advise.
tnite
06-26 10:09 AM
what happens if the passport gets stamped and got a new I94 in the vancouver airport and no inspection after coming back to US.
what should we enter as last entry into us
Then put the Vancouver visit as the last entry.
what should we enter as last entry into us
Then put the Vancouver visit as the last entry.
more...
jonty_11
07-31 01:54 PM
u have to file 140 for ur old labor..once that get approved....u can interfile the approved 140 onto ur pending 485..(filed with PERM labor/140) and request USCIS to use the PD of the old Labor/140...
Confirm with lawyer...
Confirm with lawyer...
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ashkam
12-03 04:46 PM
You are welcome. Another important thing to look at (from the document) is that for the first 26 weeks of unemployment, benefits are disbursed through a fund paid for by unemployment taxes on companies, thereby not making it a public burden. After 26 weeks, however, extended unemployment benefits are paid by the federal government, which makes it a public burden, which would be detrimental to a person's green card prospects.
more...
gconmymind
07-29 02:51 PM
Are you sure Systems Analyst and Director of Development are considered "similar" jobs? To me it does not sound like similar jobs. Systems Analyst is a technical job whereas Director is purely managerial position.
Let me know if you have documentation on "same/similar".
Let me know if you have documentation on "same/similar".
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ThackeG67
08-08 08:20 PM
Hi I'm a newbie here and just want to know where can I find the forum rules to avoid posting errors. Thanks
more...
dwhuser
09-14 05:11 PM
Curious to see if there is any luck for spouse approvals in the September 2009 PD movement ?
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little_willy
12-14 01:49 AM
Sorry to hear about the situation. I would suggest re-submitting the application under premium processing with the correct information and explain that you made a mistake with the earlier application. You should receive the approval in 15 days. I would not recommend taking chances by going to the visa interview with the petition having wrong details. This will be considered fraud even though it's a screw-up by your lawyer. Also, demand your lawyer to shell out the premium processing fee.
more...
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cin45220
12-07 11:51 AM
I do not understand why Indian news papers tout salaries offered to IIT/IIM graduates in foreign companies in overseas locations. It�s a net loss for the country�
First of all, salaries are not exceptional when compared to overseas salaries (for a similar position in a similar company) and secondly, most of these graduates are taking their skills, earned through subsidized education provided by the generous Indian government in IITs/IIMs, to a foreign country.
-CinBoy
First of all, salaries are not exceptional when compared to overseas salaries (for a similar position in a similar company) and secondly, most of these graduates are taking their skills, earned through subsidized education provided by the generous Indian government in IITs/IIMs, to a foreign country.
-CinBoy
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gc_kaavaali
07-16 05:21 PM
Jonty,
Take it easy!!! relax!!! I understand your frustration...but take it easy...we are trying our best to fight for our problems. I already participated in high five drive.
I think people out here have nothing to do. Please concentrate on the cor eissues... and participate in IV campaigns..High FIVE for one...
When new processign dates come out you will know have patience.
Take it easy!!! relax!!! I understand your frustration...but take it easy...we are trying our best to fight for our problems. I already participated in high five drive.
I think people out here have nothing to do. Please concentrate on the cor eissues... and participate in IV campaigns..High FIVE for one...
When new processign dates come out you will know have patience.
more...
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eastindia
05-14 02:15 PM
Many blame immigration pressures for young man’s suicide - The Boston Globe (http://www.boston.com/news/education/k_12/articles/2010/05/10/many_blame_immigration_pressures_for_young_mans_su icide/)
MARLBOROUGH � In the grief-stricken search for answers, one thing was clear: Gustavo Rezende had hit a wall. He had dreamed of joining the military, getting a driver�s license, and becoming an American citizen.
But the 19-year-old Brazil native was in the country illegally, a hard fact that put his dreams out of reach.
At Marlborough High School, he was popular, a talented artist. Then his friends went off to college and Rezende stayed behind, stocking bottles of soda at a sports complex. He got into trouble with the law and feared deportation to a country he hardly knew.
On March 4, weeks before Rezende�s 20th birthday, police found him hanging from a tree in the woods near his house, next to Marlborough District Court.
The stunning public act, within sight of court clerks and commuters, has shaken a community and triggered an anguished cry for help from his family and friends, who believe Rezende killed himself in despair over his immigration status.
�He always said, �I�ve been here 11 years and I have no rights. . . . I have no right to a driver�s license, no right to continue studying, I have no rights to anything,��� said his mother, Deusuita, weeping on her couch, near an array of photographs of her son. She added, �I don�t want what happened to my son to happen to someone else.��
Immigrant groups have invoked Rezende�s death in the heated debate over illegal immigration. They have increasingly been pushing for Congress to pass the Dream Act, federal legislation pending since 2001 that would allow immigrant youths to apply for legal residency if they arrived in the United States before they turned 16, lived here for five years, and enrolled in college or the military.
�The story about Gustavo Rezende is one of the most compelling cases for immediate federal action to end suffering in our communities,�� said Kyle de Beausset, a 24-year-old activist who said he met last Sunday with Senator Scott Brown to urge him to support the legislation.
Others say Rezende�s death should not factor into the debate, since nobody can say why he took his own life. Though friends and family said he often worried about his immigration status, he didn�t mention it in a note he left at home saying where they could find him.
�It�s exploiting the dead,�� said Mark Krikorian, executive director of the Center for Immigration Studies in Washington, which favors stricter controls over immigration. �You can�t second-guess that stuff because suicide is not a rational response that you can somehow adjust policy to address.��
Colin Reed, a Brown spokesman, said the senator confirmed the meeting with de Beausset and would review the Dream Act. Reed said Brown told de Beausset that he favors streamlining the process for legal immigrants but remains opposed to amnesty for those here illegally.Continued...
Health care workers say suicide is usually the result of more than one issue, such as undiagnosed depression, mental illness, or drug and alcohol problems. But, they say, undocumented youths may be at greater risk because they are ineligible for many programs that might help them.
Rezende, nicknamed �Goose,�� was born in the Brazilian state of Mato Grosso and came to the United States when he was 9 with his parents and younger sister on visas they later overstayed.
In 2000, his mother applied for legal residency through work � she cooked for a Brazilian restaurant � but was denied, she said, because her boss was underpaying taxes. She vowed to continue trying, though her marriage ended because her husband wanted to go back to Brazil.
�The kids didn�t want to go,�� she said. �They liked it here as if it were their country.��
In Marlborough, a small city of tidy houses centered on two scenic lakes, Rezende grew from a chubby boy into a fit and charming teenager who loved to draw, listen to music, and hang out with friends. He and one of his best friends, Kyle Hedin, planned to open an animation company someday.
During most of his schooling, Rezende did not face questions about his immigration status because a 1982 Supreme Court ruling allows undocumented students to attend public schools. But that protection ends after high school, making him ineligible for financial aid for college.
Even before graduation, Rezende felt the pressure of his family�s predicament. He helped his mother clean offices at night, leaving little time for homework. He fell behind in school. When he was 17, police were called to his house after he argued with his sister and punched a hole in a door.
After he graduated in 2008, he tried to find work at a supermarket and fast-food restaurants � but most turned him down because he didn�t have a green card. Finally, through a friend, he found work at an ice skating complex. He also got a part-time cleaning job.
Kyle Hedin said Rezende wished he could have the same opportunities as his former classmates.
�He always said, �These kids go to school. They go to college, and they complain about it and they don�t do anything worthwhile,� �� Hedin said. �He was saying he would trade shoes with them in a heartbeat.��
In February, Marlborough police found Rezende trying to change a flat tire, while allegedly intoxicated. Police arrested him on misdemeanor charges of driving under the influence and driving without a license.
The March 17 hearing in the case weighed on his mind. He had been caught with a fake driver�s license from Brazil, and his mother said he feared he would be deported.
He had talked about suicide in the past, including in the weeks before his death, according to friends and the police report filed after his death.
�He had a hard time asking for help for himself,�� said Jane Hedin, Kyle�s mother. �That�s what�s heartbreaking. . . . He had so many friends he didn�t reach out to. Everybody loved him.��
Mario Rodas of the Student Immigrant Movement, an advocacy group, said immigrant youths often fear deportation if they talk about their problems. The group regularly holds support groups to help the students.
�We tell them not to give up,�� Rodas said.
Two days before he died, his mother said, Rezende couldn�t sleep. He was nauseous and called in sick to work.
The next day, his grandmother arrived for a visit from Brazil, the first time he had seen her since he left in 1999. In the early evening, Rezende hugged his grandmother, kissed his sister, and left the house carrying a rope, according to police, saying only that he �needed it.��
Police found him the next morning about 150 feet into the woods, in a tree he used to climb, a dusting of snow on the ground.
About six weeks after his death, Rezende received a letter from the US government telling him to register for the draft. It wasn�t a mistake: Federal law requires that all men ages 18-26 register with the Selective Service System, including illegal immigrants who cannot serve in the military, said agency spokesman Patrick Schuback.
Registering could help illegal immigrants if they ever apply for legal residency, he said, because it would show that they followed the law.
At home, his mother clutched the letter and wept.
�If that letter had arrived before, he would have been so happy,�� she said.
Maria Sacchetti can be reached at msacchetti@globe.com.
MARLBOROUGH � In the grief-stricken search for answers, one thing was clear: Gustavo Rezende had hit a wall. He had dreamed of joining the military, getting a driver�s license, and becoming an American citizen.
But the 19-year-old Brazil native was in the country illegally, a hard fact that put his dreams out of reach.
At Marlborough High School, he was popular, a talented artist. Then his friends went off to college and Rezende stayed behind, stocking bottles of soda at a sports complex. He got into trouble with the law and feared deportation to a country he hardly knew.
On March 4, weeks before Rezende�s 20th birthday, police found him hanging from a tree in the woods near his house, next to Marlborough District Court.
The stunning public act, within sight of court clerks and commuters, has shaken a community and triggered an anguished cry for help from his family and friends, who believe Rezende killed himself in despair over his immigration status.
�He always said, �I�ve been here 11 years and I have no rights. . . . I have no right to a driver�s license, no right to continue studying, I have no rights to anything,��� said his mother, Deusuita, weeping on her couch, near an array of photographs of her son. She added, �I don�t want what happened to my son to happen to someone else.��
Immigrant groups have invoked Rezende�s death in the heated debate over illegal immigration. They have increasingly been pushing for Congress to pass the Dream Act, federal legislation pending since 2001 that would allow immigrant youths to apply for legal residency if they arrived in the United States before they turned 16, lived here for five years, and enrolled in college or the military.
�The story about Gustavo Rezende is one of the most compelling cases for immediate federal action to end suffering in our communities,�� said Kyle de Beausset, a 24-year-old activist who said he met last Sunday with Senator Scott Brown to urge him to support the legislation.
Others say Rezende�s death should not factor into the debate, since nobody can say why he took his own life. Though friends and family said he often worried about his immigration status, he didn�t mention it in a note he left at home saying where they could find him.
�It�s exploiting the dead,�� said Mark Krikorian, executive director of the Center for Immigration Studies in Washington, which favors stricter controls over immigration. �You can�t second-guess that stuff because suicide is not a rational response that you can somehow adjust policy to address.��
Colin Reed, a Brown spokesman, said the senator confirmed the meeting with de Beausset and would review the Dream Act. Reed said Brown told de Beausset that he favors streamlining the process for legal immigrants but remains opposed to amnesty for those here illegally.Continued...
Health care workers say suicide is usually the result of more than one issue, such as undiagnosed depression, mental illness, or drug and alcohol problems. But, they say, undocumented youths may be at greater risk because they are ineligible for many programs that might help them.
Rezende, nicknamed �Goose,�� was born in the Brazilian state of Mato Grosso and came to the United States when he was 9 with his parents and younger sister on visas they later overstayed.
In 2000, his mother applied for legal residency through work � she cooked for a Brazilian restaurant � but was denied, she said, because her boss was underpaying taxes. She vowed to continue trying, though her marriage ended because her husband wanted to go back to Brazil.
�The kids didn�t want to go,�� she said. �They liked it here as if it were their country.��
In Marlborough, a small city of tidy houses centered on two scenic lakes, Rezende grew from a chubby boy into a fit and charming teenager who loved to draw, listen to music, and hang out with friends. He and one of his best friends, Kyle Hedin, planned to open an animation company someday.
During most of his schooling, Rezende did not face questions about his immigration status because a 1982 Supreme Court ruling allows undocumented students to attend public schools. But that protection ends after high school, making him ineligible for financial aid for college.
Even before graduation, Rezende felt the pressure of his family�s predicament. He helped his mother clean offices at night, leaving little time for homework. He fell behind in school. When he was 17, police were called to his house after he argued with his sister and punched a hole in a door.
After he graduated in 2008, he tried to find work at a supermarket and fast-food restaurants � but most turned him down because he didn�t have a green card. Finally, through a friend, he found work at an ice skating complex. He also got a part-time cleaning job.
Kyle Hedin said Rezende wished he could have the same opportunities as his former classmates.
�He always said, �These kids go to school. They go to college, and they complain about it and they don�t do anything worthwhile,� �� Hedin said. �He was saying he would trade shoes with them in a heartbeat.��
In February, Marlborough police found Rezende trying to change a flat tire, while allegedly intoxicated. Police arrested him on misdemeanor charges of driving under the influence and driving without a license.
The March 17 hearing in the case weighed on his mind. He had been caught with a fake driver�s license from Brazil, and his mother said he feared he would be deported.
He had talked about suicide in the past, including in the weeks before his death, according to friends and the police report filed after his death.
�He had a hard time asking for help for himself,�� said Jane Hedin, Kyle�s mother. �That�s what�s heartbreaking. . . . He had so many friends he didn�t reach out to. Everybody loved him.��
Mario Rodas of the Student Immigrant Movement, an advocacy group, said immigrant youths often fear deportation if they talk about their problems. The group regularly holds support groups to help the students.
�We tell them not to give up,�� Rodas said.
Two days before he died, his mother said, Rezende couldn�t sleep. He was nauseous and called in sick to work.
The next day, his grandmother arrived for a visit from Brazil, the first time he had seen her since he left in 1999. In the early evening, Rezende hugged his grandmother, kissed his sister, and left the house carrying a rope, according to police, saying only that he �needed it.��
Police found him the next morning about 150 feet into the woods, in a tree he used to climb, a dusting of snow on the ground.
About six weeks after his death, Rezende received a letter from the US government telling him to register for the draft. It wasn�t a mistake: Federal law requires that all men ages 18-26 register with the Selective Service System, including illegal immigrants who cannot serve in the military, said agency spokesman Patrick Schuback.
Registering could help illegal immigrants if they ever apply for legal residency, he said, because it would show that they followed the law.
At home, his mother clutched the letter and wept.
�If that letter had arrived before, he would have been so happy,�� she said.
Maria Sacchetti can be reached at msacchetti@globe.com.
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yagw
12-14 07:59 PM
Got red with following comments:
"reputation" ?? lol this is a website, and these are forum ID's , they dont represent anything tangible or personal, please work on the real issues and leave the green/reds for school kids to fight over, thanks
If green/reds are for kids, why the f*** you use it moron. If you have guts come out and say it in the thread. Otherwise, get the f*** outa here.
"reputation" ?? lol this is a website, and these are forum ID's , they dont represent anything tangible or personal, please work on the real issues and leave the green/reds for school kids to fight over, thanks
If green/reds are for kids, why the f*** you use it moron. If you have guts come out and say it in the thread. Otherwise, get the f*** outa here.
more...
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sk.aggarwal
06-17 08:45 AM
I would suggest if you could get the perm process started ASAP. Now a days it is getting approved quite fast, you may be good. You may also want to ask your manager if you could work remotely from outside US for couple of months. As per my understanding, if say you are short of 4 months between your PD and H1 expiry date you can do one of the following
1. Shift to some other status like H4
2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.
But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.
This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.
1. Shift to some other status like H4
2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.
But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.
This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.
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gc28262
07-31 02:14 PM
Thank you for your prompt response
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?
2.Can New Jersy laws applicable in India to send a legal notice to me?
I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.
Pls answer the above 3 questions.
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?
2.Can New Jersy laws applicable in India to send a legal notice to me?
I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.
Pls answer the above 3 questions.
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Ramba
05-04 05:37 PM
If you are confident that the denial is purly the mistake of USCIS, then contact the Omdusman about this and explain to him that, it is a pure mistake of USCIS and the fee to MTR is not justifyable. Perhaps, Omdusman office will help you.
(I assume that you have submitted all the required documents as per RFE, and those documents meets the eligiblity for your approval)
(I assume that you have submitted all the required documents as per RFE, and those documents meets the eligiblity for your approval)
lost
01-27 02:07 PM
We need to have a massive participation for our question to get noticed........and today is already Thrusday!
prince_waiting
12-12 12:31 PM
Montgomery - Huntsville = 190 miles
Montgomery - Mobile = 170 miles
Montgomery - Birmingham = 90 miles
So effectively Montgomery is the center point and as suggested by cooldude** is a good meeting place.
If the meet is convened in Birmingham then it is 260 miles one way distance for Mobile effectively dissuading any Mobile members from active participation.
Your take on the meeting place guys.
Looks like a toss up between Birmingham and Montgomery.
Montgomery - Mobile = 170 miles
Montgomery - Birmingham = 90 miles
So effectively Montgomery is the center point and as suggested by cooldude** is a good meeting place.
If the meet is convened in Birmingham then it is 260 miles one way distance for Mobile effectively dissuading any Mobile members from active participation.
Your take on the meeting place guys.
Looks like a toss up between Birmingham and Montgomery.