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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
March 26, 2001
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Editor's Comments of the Day

There have been a lot of comments in the press recently about a statement from an INS spokesperson that due to an increasing number of H-1Bs subject to layoffs, the INS would not strictly enforce its rule that a new petition must be filed within ten days. The same article quoted Crystal Williams, director of liaison and information at the American Immigration Lawyers Association, as saying, "The 10-day thing is such a popular myth that even the INS believes it." We asked Linda Dodd-Major, Acting Director of DOJ/INS Office of Business Liaison, for a clarification. She responded in a letter to the editor that there is no "10 day 'grace period' following termination of employment-based nonimmigrant employment....Since H-1B classification derives from the approved employment, the status ends if and when the employment ends. No grace period." Service Center Directors do have discretion to grant an extension of stay if an alien has fallen out of status through no fault of his own. We welcome examples of how the Service Center Directors are exercising this discretion at editor@ilw.com.


Tip of the Day

Submitting Articles to ILW.COM

ILW.COM invites the submission of articles about immigration law from attorneys, paralegals, foreign student advisors, human resources personnel, scholars, advocates for immigration issues and those whose lives have been affected by the laws. For attorneys contributing an article is a way to get your name before the public and educate people on your particular area of expertise. For paralegals it is a way to gain some recognition for your hard work and knowledge. Foreign student advisors, human resources personnel and scholars can educate others on specific areas of immigration law. Advocates can draw attention to and gain support for their cause. Anyone who has dealt with immigration can share their experience, share with others what has worked and warn others about what has not. Send submissions to editor@ilw.com.


ILW.COM Featured Article of the Day

Finding Information on 245(i)
Nina Manchanda offers a compendium of recent articles on 245(i) providing a variety of approaches and viewpoints.


Congressional News of the Day

New Bill on 245(i) Introduced in House
H.R. 1195, a bill to expand the class of beneficiaries who may apply for adjustment of status under 245(i) by extending the deadline for visa petition and labor certification filings, was introduced by Rep. Rangel and referred to the Committee on the Judiciary

DOL Yet to Publish H-2A Adverse Effect Wage Rates
In his address to the House Rep. Owen voiced his concern that the Department of Labor has not performed its annual clerical duty, to publish in the Federal Register the adverse effect wage rates applicable to farm workers and employers under the H-2A temporary foreign agricultural worker program.


INS News of the Day

INS Implements Section 245(i) Provision of the LIFE Act
The INS announces that an interim rule for adjustment-of-status application procedures under Section 245(i) will be published in the Federal Register on Monday, March 26. (El INS Aplica la Disposición de la Ley LIFE Relativa a la Sección 245 versión espanol).

Q & A Section 245(i) Provision of the LIFE Act
INS sheet of Q & A on section 245(i). (Disposiciones de la Ley LIFE Relativas a la Seccion 245 versión espanol).

Kevin D. Rooney Arrives as INS Acting Commissioner
Mr. Rooney arrives at INS as Acting Commissioner March 26, 2001, a week earlier than previously announced.

New Immigration Judge
Christine E. Stancill will be sworn in as an Immigration Judge in Pasadena, California joining 200 Immigration Judges located in 52 Immigration Courts.


Immigration News of the Day

Asylum Case Opens US Doors to Abused: Ruling on Mexican Girl Exposes Indifferent Nations, Families
The San Francisco Chronicle reports on Aguirre-Cervantes v. INS, No. 99-70861 (9th Cir. Mar. 21, 2001), which creates an opportunity for battered women and children from abroad who flee abusive families in countries like Mexico to find asylum in the US.


ILW.COM Chats and Discussions of the Day

Chat with Stephen Berman
Stephen Berman will answer questions on all aspects of immigration law on Monday, March 26, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the beginning of the chat.


Letters to the Editor

Dear Editor:

As for a 10 day "grace period" following termination of employment-based nonimmigrant employment, there is none. Although the H-1B alien can extend 10 days before or after the approved period, for the purpose of making personal arrangements in anticipation of or following the approved H-1B employment, that "grace period" must be included within the approved stay in the US, as indicated on the Form I-94, or it does not exist. An H-1B (or any other) alien may not simply tack it onto the expiration date on the I-94.

Since H-1B classification derives from the approved employment, the status ends if and when the employment ends. No grace period. Accordingly, if an H-1B or other employment-based nonimmigrant is laid off, his only chance for getting INS to approve a request for change of status or change in approved H-1B employment after that time is to include a letter with the petition asking the Service Center director to exercise his/her discretion to approve the change in spite of the status lapse. Whether this is done by a SC director or not depends largely on the facts of the case, typically that the lapse was short and the reason for it beyond the alien's control.

If the SC director does not exercise the requested discretion to "forgive" the status lapse, in the case of an H-1B alien, the case will be treated as a new H-1B case, needing a new H-1B number (subject to the cap). The alien will not receive a replacement I-94 from the SC and will have to leave the US, obtain a new visa (if necessary), and re-enter the US, receiving a new Form I-94 that can be used for employment eligibility verification purposes for the new (approved) employer/employment.

Linda Dodd-Major
Acting Director of DOJ/INS Office of Business Liaison

Dear Editor:

I am writing to say THANK YOU to ILW.com for providing this website and making it available to anyone and everyone, not just those who choose to retain a lawyer for immigration purposes. Through the information provided in the daily newsletter and the discussion board, I have come to know that I am not alone in my struggles. I appreciate being able to air my frustrations without fear of backlash or censure (freedom of speech is still allowed to work somewhere!).

Immigration is a very time-consuming process - hurry up and wait. The applicant and their families are bound to INS rules and regulations, but INS is bound to no one and nothing (or so it seems). I'm sure there are some people who have had pleasant experiences with the INS (the same with the IRS) - but they seen to be few and far between.

Keep up the good work. Thank you for all of your time and effort on the behalf of every US citizen who has filed for any kind of petition. You are a lifeline on a very stormy sea for a lot of people. By the way, will you PLEASE keep a very close eye on the K-3 visa petition we have been promised? I hope and pray it will be available for download BEFORE the INS gets around to sending us all letters (our other petitions may be processed before that time!). God bless all of you!

Sincerely,
Kay Mornan
Mobile, AL

Dear Editor:

In the last month when the processing times from Vermont were updated on your site, the time for the I-485 adjustment remained unchanged at 10/15/1999. Was this an error, or did they really not make any progress in this category?

Gauri Bedi

Editor's Note: The information on the INS Service Center processing times is provided courtesy of the American Immigration Lawyers Association which obtains the information from INS. This is the information they currently have. Regardless of what the INS gives as a processing time, the time that really matters is how long it takes for petitioners to see approvals. We encourage correspondence on how long it is actually taking INS to process petitions at times@ilw.com.


Classifieds of the Day

ILW.COM carries classified ads for immigration related positions. $100 for single insertion, $250 for five consecutive insertions, payable in advance. Contact us for details. We will also carry for no charge announcements such as immigration related events. We reserve the right to refuse any ad and to make minor editorial and formatting changes. Send to editor@ilw.com.

HELP WANTED: CORPORATE IMMIGRATION PARALEGALS
Fragomen, Del Rey, Bernsen & Loewy, is the largest law firm in the country practicing exclusively in the area of immigration and nationality law. In order meet the demands of our growing business, the firm is actively recruiting for experienced paralegals in its NEW YORK, NEW JERSEY, STAMFORD and CHICAGO offices. The ideal candidate has business immigration experience or a human resources background dealing with immigration issues. Must have excellent verbal and written communication skills and be able to perform multiple tasks in a fast-paced environment. The firm offers superior salaries and exceptional growth opportunities. Please submit cover letter and resume to Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022 or fax 212-223-875

ANNOUNCEMENT: PLI IMMIGRATION PROGRAM
The Practising Law Institute, a not-for-profit Continuing Legal Education Organization offers a program on Basic Immigration Law at PLI Conference Center, 810 Seventh Avenue at 53rd Street, 20th floor, New York City on Tuesday, May 1, 2001, from 9:00 a.m. - 5:00 p.m. For details click here.

CONFERENCE ON IMMIGRATION LAW
2001 AILA Annual Conference on Immigration Law June 20-24, 2001, Marriott Copley Place & Westin Copley Place Boston, Massachusetts. The Preeminent Law Symposium on Immigration and Nationality Law With an expert faculty and cutting edge programs, the AILA Annual Conference is an unbeatable continuing legal education symposium in terms of scope and value. This event brings together thousands of immigration law practitioners, leading immigration law experts, government officials, and other legal professionals from around the country. Participants spend three and one-half days attending educational sessions and workshops focusing on the latest developments and issues in immigration and nationality law. Attendees can develop their own individualized CLE conference by choosing courses from a wide variety of programs: Core Curriculum, Substantive Practice, Special Mini Tracks, Mock Hearings and Interviews, Litigation Skills Training, Practice Roundtables and Government Agency Open Forums. For detailed program information, and registration forms, please visit the conference portion of the AILA Web site at www.aila.org. American Immigration Lawyers Association, 918 F Street, NW, Washington, DC 20004, Tel: (202) 216-2400, Fax: (202) 371-9449. Contact: Conference Department or E-Mail conference@aila.org.


An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Correspondence to editor@ilw.com. Letters may be edited and may be published and otherwise used in any medium.
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