FW:

-----Original Message-----
From: Daffin, Margaret
Sent: Wednesday, November 28, 2001 4:50 PM
To: Reyes, Pauline; Bondareva, Natalie
Cc: Tessandori, Bobbi
Subject: FW:

Ladies: you both asked the same question, so here is the attorney's response. Please pass on to other concerned individuals.
Thanks
Margaret

-----Original Message-----
From: Alice Gruber <agruber@tindallfoster.com<@ENRON
Sent: Wednesday, November 28, 2001 4:46 PM
To: Daffin, Margaret
Subject: RE:

An H-1B Temporary Worker is technically violating status once s/he has been
terminated. Once the H-1 is out of status, in theory, s/he is technically
required to depart the US as soon as possible. If the H-1 can find a new
employer and file within approximately 30 to 60 days from the date of
termination, the INS has generally overlooked the violation of the
maintenance of status. Keep in mind this is not a hard and fast rule, and
the INS has the ability to enforce shorter or longer periods on a
case-by-case basis. Enron has generally waited 60 days prior to information
the INS of foreign nationals termination in order to allow foreign nationals
to take advantage of this informal INS policy.

If you are currently an H-1B nonimmigrant in the US and you have not
violated your status, such as by beginning work for a different employer,
then you may likely be able to take advantage of a new "portability"
provision in the 2000 amendments to the Immigration & Nationality Act. This
allows for the new prospective employer to file an amended H-1B petition and
for the H-1B Temporary Worker to begin working with the new employer once
the petition is filed, rather than having to wait several months for the
case to be approved prior to transferring to the new employer.

You should likely meet with an immigration attorney in person as soon as
possible after being laid off so that you are advised of all the possible
options that may be open to you.

-----Original Message-----
From: Daffin, Margaret [mailto:Margaret.Daffin@ENRON.com]
Sent: Wednesday, November 28, 2001 4:23 PM
To: Alice Gruber
Cc: Susan King
Subject: FW:

Alice: do you have any answer for this one?
Margaret

< -----Original Message-----
< From: Reyes, Pauline
< Sent: Wednesday, November 28, 2001 2:06 PM
< To: Daffin, Margaret
< Subject:
<
< Margaret,
<
< In a bankruptcy situation, will lawyers provide H-1 grace period? If
< so, for how long?
<
< Thanks,
< Pauline

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