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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 21, 2001
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Editor's Comments of the Day

In New Life for Fired H-1B Workers Wired News reports that due to the "turbulent time in the tech industry," an INS official stated that her agency would not force H-1B visa holders to leave the country if they have not found new employment within 10 days of termination of their employment. The article then questions whether the 10-Day rule even exists. The INS practice of requiring that a new petition be filed within ten days of termination of employment may be based on 8 CFR 214.2(h)(13)(i)(A) which states, "a beneficiary shall be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends." How the INS interprets and applies this regulation is of vital importance to the hundreds of thousands of H-1B employees and their employers as well as the attorneys who serve them. We welcome readers' experiences and comments on this issue at Requests, including by government employees, that anonymity be protected will be honored.

In another story related to H-1B from ZDNet the INS was supposed to have reported to Congress on Monday the number of H-1B visas. We have looked for this information on the internet, but have not yet found it. If anyone knows where it is available please share with the other readers of Immigration Daily by writing to

Tip of the Day

Printing From ILW.COM

Technical limitations on our site cause the edge of the text to be cut off some pages when printed on 8 1/2 x 11 paper. Until we can make changes to the menu strip which appears on all the pages on the site we suggest the following solutions:

  1. Printing from your Internet Browser: Go to the "File Option" on the menu bar on either the Netscape or Internet Explorer then choose "Page Setup." Adjust the settings of the right and left margins to about 0.25 inches respectively. The top and bottom margins need not be adjusted. Hit "OK." Go back to your "File Option" and click on "Print" and then "OK."

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    If this does not work for you, print the page in landscape format. To print in landscape mode open the print dialog box. It will have a "Properties" button. Click on it and change the orientation of the paper from "portrait" to "landscape." Hit "OK" and "print."

  3. Paste text into your word processor: In order to avoid printing our menu strip, place your mouse over the start of the article you want to print. Click down and drag your mouse to the end of the article while keeping the mouse pressed down. This should highlight the entire article. Now select the "Copy" menu item from the "Edit" menu of your browser. Start your word processor with an empty document. Select "paste." Now use the print function of your word processor.
  4. Highlight the text in Internet Explorer: Rather than copying and pasting the information into your word processor, many readers have found that they are able to highlight the relevant text and then select the "Print" menu item under the "File" pull down menu of Internet Explorer. The information should print out with the appropriate width and without cutting out any text. Unfortunately, this method seems to work only in Internet Explorer.

ILW.COM Featured Article of the Day

Unions Look to Immigrant Workers to Boost Membership
Greg Siskind and Amy Ballentine write that membership in labor unions has been in a steep decline over the past decade, and union leaders have begun to change the way they look at immigrants.

Cases of the Day

Government Must Prove Elements of Crime Charged
In US v. Herrera-Ochoa, No. 00-50046 (5ht Cir. Mar. 19, 2001), the court found that the government had not met its burden of proof that Respondent was an alien found in the United States on the date charged in the indictment by the mere fact of his presence at the bench trial when it had other evidence available but failed to use it.

Congressional News of the Day

Private Relief Bill and "Working Families Registry Act" Introduced in Senate
S. 560, a private relief bill for Rita Mirembe Revell, a 15-year-old child from Uganda, and S. 562, the "Working Families Registry Act," a bill to the record of admission for permanent residence in the case of certain aliens, were both introduced in the Senate and referred to the Senate Committee on the Judiciary.

INS News of the Day

Schmidt Steps Down as Board Chairman
The Executive Office for Immigration Review (EOIR) announced today that Paul Wickham Schmidt will be stepping down as the Chairman of the Board of Immigration Appeals (BIA), effective April 9, 2001.

Immigration News of the Day

New Life for Fired H-1B Workers
Wired News reports that due to the "turbulent time in the tech industry," an INS official stated that her agency would not force H-1B visa holders to leave the country if they have not found new employment within 10 days of termination of their employment.

H-1B numbers expected to rise
According to a report on the INS will tell Congress how many H-1B visas have been issued this fiscal year--shedding light on whether the economic downturn has reduced the once red-hot demand for foreign workers.

ILW.COM Chats and Discussions of the Day

Chat with Greg Siskind
Greg Siskind will answer questions on all aspects of immigration law on Wednesday, March 31, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the beginning of the chat.

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 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 212-223-8757

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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