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What is Inherent of Status ?

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Old Oct 10th 2005, 8:17 am
  #16  
 
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Default Re: What is Inherent of Status ?

Originally Posted by jamie_nluv
This is actually incorrect. Just yesterday (before this topic was created) the FAQ's were updated. Here is a link to the annoucement (which they do for all FAQ updates):

http://www.visajourney.com/forums/in...T&f=14&t=62170

The admin there even requested that any other comments or suggestions be fed back to them so they could keep the FAQ's up to date.
Thank you for the link; I did not recall seeing specifics in the post from Ewok.
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Old Oct 10th 2005, 8:29 am
  #17  
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Default Re: What is Inherent of Status ?

Does anyone else think this may be a good time to do a group review/overhaul of the FAQ's? I am on board if so. The VJ Admin seem very open to this and it seems like it has been a while since "new" things were added to the Guide. Most the updates have been to "correct and update" existing information.

Anyone want to volunteer with me? We can post the info here or at VisaJourney.com and the admin there can check both to make updates.
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Old Oct 10th 2005, 8:40 am
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Default Re: What is Inherent of Status ?

Originally Posted by jamie_nluv
Does anyone else think this may be a good time to do a group review/overhaul of the FAQ's? I am on board if so. The VJ Admin seem very open to this and it seems like it has been a while since "new" things were added to the Guide. Most the updates have been to "correct and update" existing information.

Anyone want to volunteer with me? We can post the info here or at VisaJourney.com and the admin there can check both to make updates.
Frankly, I'm ambivilent. I don't know who you post as over there, but you do seem to be a VJ champion and I appreciate anyone wanting to keep the FAQs up to date, especially if they're going to continue to contain information from this group. I've gotten weary of the whole Secret Society aspect to that site, I think there are too many forums, so users aren't learning what they need to learn about their cases, and too many people are just takers. On the other side of it, Admin is not responsive, has no immigration context and no one knows where s/he gets info from so I'm not always sure I want to promote the FAQ.
As I'm sure you know, I do still post there, but I'm among other longtime posters who don't care for the feel of things there anymore and post a lot less frequently. I suppose my feelings have certainly spilled over to this group.
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Old Oct 10th 2005, 8:41 am
  #19  
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Default Re: What is Inherent of Status ?

Originally Posted by jamie_nluv
Yes I agree everyone automatically assumed it was the FAQ's. I just wanted to set the record straight.
Phew! That ran away with itself didn't it.

Let me clarify that I posted something I had just been reading on visajourney. Since it was related to the post I put it here. I did not endorse the information. I did not state it was from the FAQ. I simply posted something I had read.

It's up to the OP to clarify the information. Or someone more knowledgable to comment.

Incidentally what was incorrect? Just for the benefit of the thread.
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Old Oct 10th 2005, 8:59 am
  #20  
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Default Re: What is Inherent of Status ?

Originally Posted by CaliforniaBride
Phew! That ran away with itself didn't it.

Let me clarify that I posted something I had just been reading on visajourney. Since it was related to the post I put it here. I did not endorse the information. I did not state it was from the FAQ. I simply posted something I had read.

It's up to the OP to clarify the information. Or someone more knowledgable to comment.

Incidentally what was incorrect? Just for the benefit of the thread.
The correct info (very complete) can be found in the Guides and FAQ's:

EAD Guide:

http://www.visajourney.com/forums/index.php?pg=k1k3ead

K1 Visa FAQ applicable sections:

http://www.visajourney.com/faq/k1k2visa-enter.html
http://www.visajourney.com/faq/k1k2visa-aos.html
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Old Oct 10th 2005, 9:03 am
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Default Re: What is Inherent of Status ?

Originally Posted by meauxna
Frankly, I'm ambivilent. I don't know who you post as over there, but you do seem to be a VJ champion and I appreciate anyone wanting to keep the FAQs up to date, especially if they're going to continue to contain information from this group. I've gotten weary of the whole Secret Society aspect to that site, I think there are too many forums, so users aren't learning what they need to learn about their cases, and too many people are just takers. On the other side of it, Admin is not responsive, has no immigration context and no one knows where s/he gets info from so I'm not always sure I want to promote the FAQ.
As I'm sure you know, I do still post there, but I'm among other longtime posters who don't care for the feel of things there anymore and post a lot less frequently. I suppose my feelings have certainly spilled over to this group.
I know the flavor of the community is a personal decision, but in terms of keeping the information up to date we all need to really pull together. The contributors to the FAQ are from typically oldie members who send info to the admin to update the FAQ's with. We should all pull together. You are right that I am a champion of good information and I personally enjoy the general FAQs, guides and other info there. I just wish we could all provide positive community feedback and help those sections improve over time.

I have a personal message from the admin there that they fully support additions and updates to the FAQ's and will make them very promptly when the receive them. I do not know what else to ask of them then that?...
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Old Oct 10th 2005, 9:13 am
  #22  
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Default Re: What is Inherent of Status ?

Originally Posted by jamie_nluv
I know the flavor of the community is a personal decision, but in terms of keeping the information up to date we all need to really pull together. The contributors to the FAQ are from typically oldie members who send info to the admin to update the FAQ's with. We should all pull together. You are right that I am a champion of good information and I personally enjoy the general FAQs, guides and other info there. I just wish we could all provide positive community feedback and help those sections improve over time.

I have a personal message from the admin there that they fully support additions and updates to the FAQ's and will make them very promptly when the receive them. I do not know what else to ask of them then that?...
I have suggested an addition to the FAQ's on the question "How is my I-129f application processed and sent to the embassy"?

http://www.visajourney.com/forums/in...dpost&p=700491

Can people here peer review it. I might as well be the first person to begin the community effort to get new things into the FAQ's .
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Old Oct 10th 2005, 9:14 am
  #23  
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Default Re: What is Inherent of Status ?

Originally Posted by jamie_nluv
The correct info (very complete) can be found in the Guides and FAQ's:

EAD Guide:

http://www.visajourney.com/forums/index.php?pg=k1k3ead

K1 Visa FAQ applicable sections:

http://www.visajourney.com/faq/k1k2visa-enter.html
http://www.visajourney.com/faq/k1k2visa-aos.html


Are you on a commission? And do you need an EAD for that?

Or just ignore the question again and post another link why don't you?
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Old Oct 10th 2005, 9:16 am
  #24  
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Default Re: What is Inherent of Status ?

Originally Posted by CaliforniaBride
Are you on a commission? And do you need an EAD for that?

Or just ignore the question again and post another link why don't you?
I just hate repeating info that is already written and I also do not want to copy their text without asking their permission (that is not good to do). Their guides completely answer the question better then I could alone. Linking is the best way... is it wrong of me?

I am trying to do something for the entire community by promoting a community effort to make the FAQ's better... I hope this is the right thing to do. I just want to be helpful.

Last edited by jamie_nluv; Oct 10th 2005 at 9:31 am.
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Old Oct 10th 2005, 9:27 am
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Default Re: What is Inherent of Status ?

Interesting that the VJ poster claims that the information came from posts here on BritishExpats - posts by attornies.

Regards, JEff

Originally Posted by jamie_nluv
As I suspected. The OP got this from a regular poster no the FAQ or Guides:

http://www.visajourney.com/forums/in...howtopic=61836

This was NOT in the FAQ's nor the Guides. Either way we need to remember to all help keep the FAQ's up to date. I would like to say that before we all critique the FAQ's as having something bad because someone says they do we should check to see if it is true first.
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Old Oct 10th 2005, 9:52 am
  #26  
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Default Re: What is Inherent of Status ?

Originally Posted by jamie_nluv
I have suggested an addition to the FAQ's on the question "How is my I-129f application processed and sent to the embassy"?

http://www.visajourney.com/forums/in...dpost&p=700491

Can people here peer review it. I might as well be the first person to begin the community effort to get new things into the FAQ's .
Actually, the I-129f goes through the mailroom, presorting (often referred to as slit and peek) the sorting section, and then to data entry. The “received” date on the receipt notice is the date the case was at the sorting section, and the “notice” date is the date the data was entered into the computer at data entry. Usually those dates are the same date but that is not always the case. After data entry, it is taken to the file room and placed on a shelf dedicated to I-129f petitions.

An officer will ask a contract worker to go get some new cases once the officer needs more. The contract worker will use those opaque white cardboard’ish boxes you see at the Post Office (the boxes used at the Service Center are the same boxes and have the Post Office markings on them). Typically a box will hold around 25 case files, and the entire box is usually given to the officer. Please note that some officers choose to participate in the work at home program.

When an officer decides an RFE is appropriate, the file is not kept with the officer. Instead it is taken back to the file room and placed on a separate RFE shelf. Note that the RFE shelf contains a blend of all types of cases, not just one type of case (as was the situation when the case was originally waiting its turn on the I-129f shelf). Most of the Service Center file rooms (I’ve toured each one) use a “responsible party” coding system whereby every 1 foot section of shelf space is assigned a bar code. That way, when a contract worker goes to the RFE shelf to find a case to take back to an officer, the contract worker only has to look through 1 foot of shelf space containing cases in order to find the file in question.

The NVC runs a name check on I-129f cases, and they say they usually ship the I-129f case out from their office within a week (however that is not always the case). Once the case reaches the country where the U.S. Consulate is located, the shipment must pass through that country’s customs department (or whatever a particular country might call that). The U.S. government does not have any control over how long a country takes to clear items through its customs department.
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Old Oct 10th 2005, 9:56 am
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Default Re: What is Inherent of Status ?

Originally Posted by Matthew Udall
Actually, the I-129f goes through the mailroom, presorting (often referred to as slit and peek) the sorting section, and then to data entry. The “received” date on the receipt notice is the date the case was at the sorting section, and the “notice” date is the date the data was entered into the computer at data entry. Usually those dates are the same date but that is not always the case. After data entry, it is taken to the file room and placed on a shelf dedicated to I-129f petitions.

An officer will ask a contract worker to go get some new cases once the officer needs more. The contract worker will use those opaque white cardboard’ish boxes you see at the Post Office (the boxes used at the Service Center are the same boxes and have the Post Office markings on them). Typically a box will hold around 25 case files, and the entire box is usually given to the officer. Please note that some officers choose to participate in the work at home program.

When an officer decides an RFE is appropriate, the file is not kept with the officer. Instead it is taken back to the file room and placed on a separate RFE shelf. Note that the RFE shelf contains a blend of all types of cases, not just one type of case (as was the situation when the case was originally waiting its turn on the I-129f shelf). Most of the Service Center file rooms (I’ve toured each one) use a “responsible party” coding system whereby every 1 foot section of shelf space is assigned a bar code. That way, when a contract worker goes to the RFE shelf to find a case to take back to an officer, the contract worker only has to look through 1 foot of shelf space containing cases in order to find the file in question.

The NVC runs a name check on I-129f cases, and they say they usually ship the I-129f case out from their office within a week (however that is not always the case). Once the case reaches the country where the U.S. Consulate is located, the shipment must pass through that country’s customs department (or whatever a particular country might call that). The U.S. government does not have any control over how long a country takes to clear items through its customs department.
Nice extra details and corrections . I will correct and repost my original with them. Thanks .
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Old Oct 10th 2005, 10:18 am
  #28  
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Default Re: What is Inherent of Status ?

Originally Posted by jamie_nluv
Nice extra details and corrections . I will correct and repost my original with them. Thanks .
No problem. And citing your source is always appreciated and in good form.
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Old Oct 10th 2005, 10:42 am
  #29  
 
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Default Re: What is Inherent of Status ?

Originally Posted by CaliforniaBride
Just found this on www.visajourney.com

"A K1 Visa holder is entitled to work from day one even if he doesn’t get the stamp at JFK. He/She is inherent by status. However when his/her visa expires after 90 days they must stop working until they have filed 1-485 and await work authorisation. Best way around this is when you arrive get married quickly and then file I-485 as work authorisation takes 2 months (roughly) and you might get away with any gaps between employment.

A K3 holder must apply for work authorisation when he/she applies – they are not entitled to work until received and there visa status is not inherent."
CB, you asked what was not right here. First, a link to the source is always a good idea. But by not posting the link, you sure started an intersting conversation!
-The visa expiration is immaterial, but we'll assume s/he meant I-94.
-Filing I-485 doesn't do anything for work auth, other than give them a basis to file I-765.
-2 months for an EAD seems optimistic to me. Is it even possible to start work as a K-1 and *not* have an employment gap? I don't know.

Not so much wrong as sloppy. But far better than the person who was posting that K-3 are also EA incident to status.
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Old Oct 10th 2005, 10:45 am
  #30  
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Default Re: What is Inherent of Status ?

Originally Posted by meauxna
CB, you asked what was not right here. First, a link to the source is always a good idea. But by not posting the link, you sure started an intersting conversation!
Just work avoidance!

Thanks for the info though.
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