All,
The following gives opinion of an attorney from immigrationlaw.com. I just started reading this and I thought of sharing this with you if you have not read this one yet. Again this is just the attorney\'s opinion.
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Today, the CNN website draws a grim picture of foreigh workers in IT industry, including massive layoffs and related immigration problems. (Caveat: The report on the legal consequences of layoffs in this news can be misunderstood unless people seek help from a lawyer in reading this report. People should not hastily act in reliance on this news report.)
No doubt, we lately see on-going lay-offs of IT professionals around us. Some of those who face layoffs could have benefitted from AC21 legislation, had the INS enacted the regulation promptly to implement the law. It has been almost 5 months and 10 days or so since this law was enacted, but some key portions of the legislation have been crippled by the INS delays in enacting the regulation. In the recent changing economic environment and increasing layoffs, the H-1B portability provisions and change of employers after 180 days of 485 filing could have given some relief to the suffering foreign high-tech professionals. But reality is that these provisions have remained a hostage due to the potential negative interpretation of the law by the INS in the final AC 21 regulation. A huge number of foreign high-tech brains have been agonizing and living in fear because of their uncertain future.
There is a unconfirmed report that an INS official stated in a lawyer\'s conference in Washington, D.C. that for the purpose of interpreting 180 days or H-1B portability issues, the officer viewed that it should be applied retroactively. However, it is unofficial views and people have yet to hear official interpretation. Worse yet, whatever interpretation the INS releases in the next one month, the issue of this temporal scope of application of the law will become "moot." Assume that the final regulation is released very shortly and reads that 180 days will apply retroactively. The practical result is just same as the INS interepreted that those provisions would not apply retroactively. In this regard, such issue will have no meaning and impact on most of the high-tech eb-485 waiters after April 20, 2001 or so. The only people who will benefit from such interpretation will be those who have already changed jobs with a great risk of potential violation of the law. For this issue, the AC 21 regulation will come too late to be rejoyced by majority of EB-485 waiters! Let\'s call April 20 or whatever date which is 180 days from October 17, 2000 as a day of liberation from hostage!
The following gives opinion of an attorney from immigrationlaw.com. I just started reading this and I thought of sharing this with you if you have not read this one yet. Again this is just the attorney\'s opinion.
****
Today, the CNN website draws a grim picture of foreigh workers in IT industry, including massive layoffs and related immigration problems. (Caveat: The report on the legal consequences of layoffs in this news can be misunderstood unless people seek help from a lawyer in reading this report. People should not hastily act in reliance on this news report.)
No doubt, we lately see on-going lay-offs of IT professionals around us. Some of those who face layoffs could have benefitted from AC21 legislation, had the INS enacted the regulation promptly to implement the law. It has been almost 5 months and 10 days or so since this law was enacted, but some key portions of the legislation have been crippled by the INS delays in enacting the regulation. In the recent changing economic environment and increasing layoffs, the H-1B portability provisions and change of employers after 180 days of 485 filing could have given some relief to the suffering foreign high-tech professionals. But reality is that these provisions have remained a hostage due to the potential negative interpretation of the law by the INS in the final AC 21 regulation. A huge number of foreign high-tech brains have been agonizing and living in fear because of their uncertain future.
There is a unconfirmed report that an INS official stated in a lawyer\'s conference in Washington, D.C. that for the purpose of interpreting 180 days or H-1B portability issues, the officer viewed that it should be applied retroactively. However, it is unofficial views and people have yet to hear official interpretation. Worse yet, whatever interpretation the INS releases in the next one month, the issue of this temporal scope of application of the law will become "moot." Assume that the final regulation is released very shortly and reads that 180 days will apply retroactively. The practical result is just same as the INS interepreted that those provisions would not apply retroactively. In this regard, such issue will have no meaning and impact on most of the high-tech eb-485 waiters after April 20, 2001 or so. The only people who will benefit from such interpretation will be those who have already changed jobs with a great risk of potential violation of the law. For this issue, the AC 21 regulation will come too late to be rejoyced by majority of EB-485 waiters! Let\'s call April 20 or whatever date which is 180 days from October 17, 2000 as a day of liberation from hostage!
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