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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
May 16, 2001
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Editor's Comments of the Day

The INS Office of Business Liaison had issued an updated information bulletin on the H-1B specialty workers. Contrary to quotations in the press from some INS representatives about 10, 30, 60 or 90 day grace periods for H-1B employees changing employers, the bulletin is clear that

since H-1B status/classification derives from the approved employment, an H-1B alien loses status if and when the approved employment ends. If this happens before a new petition/application for extension of stay, change of approved employment, change of status, or adjustment of status has been filed, the alien will likely be ineligible for approval since he/she no longer has a current status or current employment from which to change. This is true without regard to the expiration date indicated on his/her Form I-94 Arrival-Departure Record.
The bulletin goes on to caution that, "lapse of status may subject the alien to deportation, if discovered," and that if an INS adjudicator makes a finding of lapsed status, unlawful presence for purposes of the 3/10 year bar will start to accrue as of the date of the denial of a denial of petition for change of employer. The IT workers who came from abroad and helped fuel the swift growth of the US economy are now being subjected to much harsher consequences than their US worker comrades by the economic downturn. If the economy goes into a crash and burn, they are toast.

The California Service Center processing times have been updated.

Tip of the Day

Processing Times

The INS processes many petitions at its Eastern Service Center in Vermont, the Northern Service Center in Nebraska, the Southern Service Center in Texas and the Western Service Center in California. There are backlogs and delays throughout the INS including the Service Centers. We thank the American Immigration Lawyer's Association which makes this information available to the public; we make it available at ILW.COM as soon as we obtain it from them. The processing times pages are a resource attorneys can use to give their clients an idea of how long a particular application will take. Attorneys can also encourage clients to check the processing times themselves to reduce the number of phone calls asking how long a case is taking. The real measure of processing times is how long cases are actually taking. If you find a case taking more or less time than indicated on these pages, send the information to As the hub for immigration information ILW.COM is a place to share the latest and most up-to-date immigration information.

ILW.COM Featured Article of the Day

HIV Inadmissibility, Waivers and Advocacy
Cyrus D. Mehta discusses waivers of HIV inadmissibility for nonimmigrants and immigrants, and advocacy efforts including the Permanent Partners Immigration Act (PPIA).

Cases of the Day

Aggravated Felony Does not Need to be Charged in Indictment to Increase Sentence
[You will need Acrobat to read this file]
In US v. Reyes-Pacheco, No. 00-50409 (9th Cir. May 15, 2001), the court held that in sentencing and alien found in the US after having been deported, a sentence enhancement on the basis of a prior aggravated felony does not need to be charged in the indictment or proven beyond a reasonable doubt, and that since the crime of being found in the US is a continuing offense, it was not improper to use the date the alien entered instead of the date he was found to calculate the sentence.

IJ Can Grant Adjustment Under Cuban Adjustment Act
[You will need Acrobat to read this file]
In In re Artigas 23 I & N Dec. 99 (BIA 2001), the Board of Immigration Appeals (BIA) found that an Immigration Judge (IJ) has jurisdiction to adjudicate and application for adjustment of status under the Cuban Adjustment Act when the respondent is charged as an arriving alien without a valid visa or entry document in removal proceedings.

INS News of the Day

INS Bulletin on H-1Bs
The INS Office of Business Liaison has prepared an information bulletin on the H-1B category including basic terms and conditions of the H-1B classification, the LCA, the nonimmigrant petition, consular processing, definitions of terms, and the distinction between lapse of status and unlawful presence.

Immigration News of the Day

Immigrants Are Targets of Investment Schemes
According to the New York Times [Registration Required] a century ago, newcomers were cheated by more seasoned compatriots who met the boats from Ellis Island with offers of nonexistent jobs or housing. More recently, they have fallen prey to neighborhood swindlers promising authentic green cards, cheap phone calls and miracle-working medicines.

ILW.COM Chats and Discussions of the Day

Chat with Fariba Faiz
Fariba Faiz will answer questions on aspects of immigration law on Wednesday, May 16, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the beginning of the chat.

This Day in Immigration

From May 16, 2000

"An Indian Reader's view of Elian and Microsoft Sameer Kumar writing from Bombay argues that the government's handling of the Elian Gonzalez matter and the Microsoft anti-trust case send the wrong message about the United States to potential immigrants."

The ILW.COM archive of immigration information is 20,000 pages and continually growing. To search the archive by date, click here, or search by entering a keyword:

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

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 to 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 212-750-1121

On Friday May 18, 2001, the Philadelphia Chapter of the American Immigration Lawyers Association will host "It Takes a Lawyer: Representation of Families in Nonimmigrant and Immigrant Visa Proceedings Before the INS, State Department and Immigration Court" Topics to be covered include Ethics, Nonimmigrant Visas for Family Members, Waivers, Litigating Family Based Immigration Issues, Affidavits of Support, Consular Processing, VAWA issues and Bona Fide Marriages. For registration information, please call Valentine Brown at 856-384-9902.

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 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

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 Letters may be edited and may be published and otherwise used in any medium.
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