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Legal Citations for ILW.COM's Seminar
"On the Cutting Edge: H-1B Practice and Strategy"
with Angelo Paparelli and Stephen Yale-Loehr
Part 3 held on October 3rd, 2001

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General citations:
* 2 Charles Gordon, Stanley Mailman & Stephen Yale-Loehr,
Immigration Law and Procedure § 20.08 (rev. ed. 2001)

* James Vazquez-Azpiri, INS Issues Guidance on Processing of H-1B Petitions Under the AC21 and Other Legislation,
6 Bender’s Immigr. Bull. 755 (Aug. 1, 2001)

* Stanley Mailman & Stephen Yale-Loehr, When H-1B Workers Lose their Jobs,
6 Bender’s Immigr. Bull. 851 (Sept. 1, 2001)

* Memorandum from Michael D. Cronin, INS Acting Executive Associate Commissioner, Office of Programs, Initial Guidance for Processing H-1B Petitions as Affected by the “American Competitiveness in the Twenty-First Century Act” (Public Law 106-313) and Related Legislation (Public Law 106-311) and (Public Law 106-396), File No. HQPGM 70/6.2.8 (Jun. 19, 2001)

* Memorandum from Michael A. Pearson, INS Executive Associate Commissioner, Office of Field Operations, Interim Guidance for Processing H-1B Applicants for Admissions as Affected by the American Competitiveness in the Twenty-first Century Act of 2000, Public Law 106-313, File No. HQOPS 70/20 (Jan. 29, 2001), reported on and reproduced in 78 Interpreter Releases 365 (Feb. 12, 2001)

* Yoshiko Robertson, Avoiding the Abyss: H-1B Strategies When Facing Reductions in Force, in 2 American Immigration Lawyers Association, 2001-02 Immigration & Nationality Law Handbook 76 (Randy P. Auerbach et al. eds., 2001)

H-1B portability:
* Memorandum from Michael A. Pearson, INS Executive Associate Commissioner, Office of Field Operations, Period of Stay Authorized by the Attorney General after 120-tolling Period for Purposes of Section 212(a)(9)(B) of the Immigration and Nationality Act, File No. HQADN70/21.1.24-P (Mar. 3, 2000), reprinted in 5 Bender’s Immigr. Bull. 286 (Mar. 15, 2000).

* Letter from Yvonne LaFleur, Chief, Budget and Trade Services at INS’ Office of Adjudications, to attorney John S. Brendel (February 21, 1996), reproduced in 73 Interpreter Releases 286 (Mar. 4, 1996) (stating that when two employers filed H-1B petitions for the same alien, both petitions remained valid after the alien began working for only one of the employers)

* Letter from John W. Brown, Acting Branch Chief, Business and Trade Services Branch, Benefits Division, to attorney Carolyn Fuchs (January 5, 1998), reproduced in 75 Interpreter Releases 185 (Feb. 2, 1998) (stating that a parent company’s H-1B petition remained valid after the workers (on whose behalf the petition was filed) transferred to a subsidiary company which subsequently filed new H-1B petitions for them)

* Letter from Thomas W. Simmons, Chief, Business and Trade Branch, to attorney Harry Joe, reproduced in 76 Interpreter Releases 386 (Mar. 8, 1999)

Corporate reorganizations:
* Angelo A. Paparelli & Susan K. Wehrer, Update on Mergers and Acquisitions: Congress Toys with the H-1B, in 2 American Immigration Lawyers Association, 2001-02 Immigration & Nationality Law Handbook 1 (Randy P. Auerbach et al. eds., 2001)

* Letter from Efren Hernandez III, Director, INS Business and Trade Services Office, to attorney Martha Schoonover (June 7, 2001), reproduced in 78 Interpreter Releases 1189 (July 16, 2001) (re corporate reorganizations in H-1B context)

* Letter from Efren Hernandez III, Director, INS Business and Trade Services, to attorney Steven M. Ladik (Mar. 22, 2001), reported on and reproduced in 78 Interpreter Releases 609 (Apr. 2, 2001)

* Stanley Mailman & Stephen Yale-Loehr, More on the Impact of Corporate Reorganizations on H–1B Workers,
6 Bender’s Immigr. Bull. 381 (Apr. 15, 2001)

* Angelo Paparelli et al., “It Ain’t Over Till It’s Over: Immigration Strategies in Mergers, Acquisitions and Other Corporate Changes,”
5 Bender’s Immigr. Bull. (Oct. 1, 2000 and Oct. 15, 2000)

* Alan Tafapolsky et al., “Thriving on Change: How to Solve Immigration Problems in Merger & Acquisition Deals,”
New Rules for the New Millennium (AILA 2001)

* Grossman & Cohen, “The Effect of Changed Circumstances on H–1B Nonimmigrant Workers,”
Immigration & Nationality Law Handbook, vol. II (AILA 1997–98)

* Letter from Yvonne M. LaFleur, Chief, Nonimmigrant Branch, INS Office of Adjudications, to attorney Susan J. Cohen (Oct. 12, 1995), discussed and reprinted in 72 Interpreter Releases 1578 (Nov. 20, 1995)

* Turansick & Guzman, “Corporate Restructuring & H–1Bs Under the New Visa Waiver Permanent Program Act,”
in New Rules for the New Millennium (AILA 2001)

* Memorandum from Michael Pearson, Executive Associate Commissioner, INS Office of Field Operations (Jan. 29, 2001) (discussing travel and AC21), reported on and reproduced in 78 Interpreter Releases 365 (Feb. 12, 2001)

* Letter from John W. Brown, Acting Branch Chief, Business and Trade Services Branch, Benefits Division, to attorney Carolyn Fuchs (January 5, 1998), reproduced in 75 Interpreter Releases 185 (February 2, 1998) (stating that a parent company’s H-1B petition remained valid after the workers (on whose behalf the petition was filed) transferred to a subsidiary company which subsequently filed new H-1B petitions for them)

* Letter from Thomas W. Simmons, Chief, Business and Trade Branch, to attorney Harry Joe, reproduced in 76 Interpreter Releases 386 (Mar. 8, 1999) (reduction in force causes alien to lose status even during severance pay-out period).

Itinerant or roving H-1B employees:
* 20 C.F.R. § 655.735

* 65 Fed. Reg. 80110, 80186-90 (Dec. 20, 2000)

H-1B extensions beyond six-year limit:
* State Dep’t Cable (June 11, 2001),
reprinted in 6 Bender’s Immigr. Bull. 687 (July 1, 2001)

* Correspondence between Jacquelyn A. Bednarz, chief of the Nonimmigrant Branch of the INS’ Adjudications Office, and attorney Jeffrey J. Rummel (Feb. 15, 1994), reported on and reproduced in 71 Interpreter Releases 330 (Mar. 7, 1994) (to recapture H-1B time, time spent outside U.S. must be “meaningfully interruptive”)

Adjustment of status portability:
* Angelo A. Paparelli & Janet J. Lee, “A Moveable Feast”: An Analysis of Adjustment of Status Portability under AC21,
6 Bender’s Immigr. Bull. 577 (June 15, 2001)

Labor certification substitutions:
* Memorandum from Louis Crocetti, INS Associate Commissioner, to all INS offices, Substitution of Labor Certification Beneficiaries, File No. HQ 204.25-P (Mar. 7, 1997), reproduced in 73 Interpreter Releases 444 (Apr. 8, 1996)

* Memorandum from Barbara Ann Farmer, DOL Administrator for Regional Management, to all DOL regional administrators, Final Procedures for Substituting Alien Beneficiaries on Approved Labor Certifications, Field Memorandum No. 28-96 (Mar. 22, 1996), reproduced in 73 Interpreter Releases 447 (Apr. 8, 1996)

* Angelo A. Paparelli, Substitution of Beneficiary,
in AILA Immigration Practice Toolbox (2001)

INA § 245(i) issues:
* Memoranda from Robert L. Bach, INS Exec. Assoc. Comm’r, File No. HQ 70/23.1-P, HQ 70/8-P (Apr. 14, 1999) and (June 10, 1999), reprinted respectively at 4 Bender’s Immig. Bull. 464 (May 15, 1999) and 777 (July 15, 1999).

* State Department Cable 2000-State-102272 (May 30, 2000),
reprinted in 5 Bender’s Immigr. Bull. 587 (June 15, 2000)

INA § 245(k) issues:
* Angelo A. Paparelli & John C. Valdez, Never Say “i” (Unless You Must): Employment-Based Options for Adjustment of Status that Avoid INA § 245(i) (forthcoming for 2001 AILA California conference)

Ethical issues:
* Angelo Paparelli et al., Avoiding or Accepting Risks in H-1B/LCA Practice: Part II,
92-12 Immigr. Briefings (Dec. 1992)

* Bruce Hake, Dual Representation and Immigration Practices,
5 Geo. Immigr. L.J. 581-639 (1991)

* Michael Maggio, Basic Ethical Issues in Labor Certification Cases, in American Immigration Lawyers Association, David Stanton Manual on Labor Certification: The Nuts and Bolts on How to Prepare Labor Certification Theory and Practice 130 (2d ed. 2000)

September 11 issues:
* Angelo Paparelli article on business immigration implications of September 11 tragedy:
http://www.ilw.com/articles/2001,0919-Paparelli.shtm


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