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Will the E-2 ever be free from the employer? Like Japan
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jcd



Joined: 13 Mar 2012

PostPosted: Tue Aug 18, 2015 12:38 am    Post subject: Will the E-2 ever be free from the employer? Like Japan Reply with quote

Giving an employer this kind of control, especially in a country that is frankly prone to bullying seems a bit bad.
Their ostensible reason for tying the visa is that the employer has an investment in you. ?
I read on Daves that it is illegal to set an amount of money that has to be paid if someone quits a
contract. Is that true?
I would be for some set amount that has to be paid back if you quit early written in the contract.
I know they have F visas now. But it doesn’t seem like you should have to jump through hoops for some right you should have. I think you should have it because you shouldn’t be forced to stay with an employer or leave the country and start over a tedious process.

Does anyone know if Koreans in the US are tied to their employer? I know that Korea has a reciprocal deal where if you allow something for Koreans then they will allow you something, like getting a driver’s license. If the US is letting them, then that might be a good way to force their hand.
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Coltronator



Joined: 04 Dec 2013

PostPosted: Tue Aug 18, 2015 12:45 am    Post subject: Reply with quote

Japan is an outlier on this.

Go to Canada or U.S. your visa is heavily connected to your employer.
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jcd



Joined: 13 Mar 2012

PostPosted: Tue Aug 18, 2015 1:45 am    Post subject: Reply with quote

I would be sick if we had the same arrangement.

But I looked it up a bit. And it says nothing about permission from your previous employer.




I guess this is for Australians. Not sure how other work visas are.

"In order to change employers on an e3 work visa, your new employer will need to file a new Labor Condition Application (LCA) immediately. Time is of the essence here, because the gap between the two jobs cannot be any longer than 10 days.

If you are already presently residing in the U.S. at the time of the e3 visa transfer between employers, then you will not have to undergo another interview or make a new visa application. Most of the other steps outlined in the e3 visa processing routine will be unnecessary as well.

You also will not need to leave the country and return to Australia to initiate the process, assuming your new employer files the LCA within the specified 10-day window between your two e3 visa jobs. You will have to complete an e3 visa transfer process through the USCIS, though."
http://e3visa.com/e3-visa-transfer/
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Coltronator



Joined: 04 Dec 2013

PostPosted: Tue Aug 18, 2015 2:57 am    Post subject: Reply with quote

Oh you mean just make it easier to get a D10, not remove connection to employer completely like Japan.

That would be cool. Not needing a letter of release or getting a D10 without one a more reasonable proposition.
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jcd



Joined: 13 Mar 2012

PostPosted: Tue Aug 18, 2015 3:58 am    Post subject: Reply with quote

Yeah I should have written E2 transfer or changing jobs.

In the US if you go to work for a business and find a job that pays more, I doubt anyone can stop you from doing that.
I think the reason they couldn't stop you is because it is unethical.

They(immigration and academy association) know this hence the D-10 and F appeasements.
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Who's Your Daddy?



Joined: 30 May 2010
Location: Victoria, Canada.

PostPosted: Tue Aug 18, 2015 7:25 am    Post subject: Reply with quote

With the Ministry of Education requirements, the F visa has become more like an E2 though.
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Coltronator



Joined: 04 Dec 2013

PostPosted: Tue Aug 18, 2015 3:38 pm    Post subject: Reply with quote

How so WYD?
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Who's Your Daddy?



Joined: 30 May 2010
Location: Victoria, Canada.

PostPosted: Tue Aug 18, 2015 4:16 pm    Post subject: Reply with quote

Gyeongnam Office of Education requirements for all visa holders (including F series):

Provide a whole new set of documents (including nationwide criminal check from your country with an apostille + sealed transcripts + bachelor with an apostille).

Basically MOE requires the same documents for F visas that immigration requires for an E2.
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matthews_world



Joined: 15 Feb 2003

PostPosted: Tue Aug 18, 2015 6:55 pm    Post subject: Reply with quote

WYD: those visas are entirely separate 'departments' so it would be granted that you would need new docs.

Are you F-5 yet WYD?

Everyone knows that the main difference is that F-visa holders have more freedom to expand their spheres of income where E-2 contracts do not allow second workplaces, only with a letter of agreement between 2 employers.

Actually it's nice that ministry gives expats a chance at permanent residence through points (F-21??) and 5-years of work experience (F-299).


In China, we're still pieces of meat who need either a work certificate (Z-visa), depending on province worked (some provinces don't need a Z-visa, just work permit) or have a business license to be able to work here.

Even if you're married to a local, you can't do your own thing. You need to be registered.
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SeoulNate



Joined: 04 Jun 2010
Location: Hyehwa

PostPosted: Tue Aug 18, 2015 7:33 pm    Post subject: Reply with quote

matthews_world wrote:


Everyone knows that the main difference is that F-visa holders have more freedom to expand their spheres of income where E-2 contracts do not allow second workplaces, only with a letter of agreement between 2 employers.



Technically speaking, true, but it doesn't exactly work like that. Legally on an E-2, the employer can not deny you the ability to work at a second job provided the hours are under what is stipulated in labor law. In reality they may not like it, and it may cause some tension at work, but they can't deny it.

The real difference between F and E visas are the types of jobs available to them. F visa can pretty much work anywhere they please while an E visa holder needs to work in a sector that they employer can prove they can't find Koreans to do the job, eg teaching English.
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jcd



Joined: 13 Mar 2012

PostPosted: Tue Aug 18, 2015 7:47 pm    Post subject: Reply with quote

Do F visas need a letter of release?

The issuing of the F visas and D-10 will just prolong them doing what is right in the first place. Now you have all these people who are thinking they went through the process, so why should they let E2 visas have this advantage. cuz it's the right thing to do.

If you think that you have some advantage in the job market. Employers don't care if you have experience or Korean language ability and there are still a glut of people who will work for pennies and worse conditions.

If people want wages to go up across board the best way is to allow someone who has a low paying job to leave it and find a higher paying job.

I think we allow foreigners and Koreans to do this in the US, so they should allow it here. Saying that it's nice of them to issue the F and D-10 sounds like Stockhom Syndrome.
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Coltronator



Joined: 04 Dec 2013

PostPosted: Wed Aug 19, 2015 2:52 am    Post subject: Reply with quote

At Busan MOE all I need is my original Diploma shown then immediately copied at the office and returned in 10 mins, and a Busan Police check not even a Canadian one.
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Wed Aug 19, 2015 3:47 am    Post subject: Reply with quote

Japan offers more flexible visas for teachers but changing jobs still requires some paperwork..

http://www.thejapanguy.com/how-to-change-your-japan-visa-status/

Still the E2 is more restrictive in many ways. The flip side is most jobs in Japan do not offer airfare nor accomodations.

It would be nice to offer E2s easier processes to change jobs while on the visa.
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isitts



Joined: 25 Dec 2008
Location: Korea

PostPosted: Wed Aug 19, 2015 4:29 pm    Post subject: Re: Will the E-2 ever be free from the employer? Like Japa Reply with quote

My understanding is that the Japan’s visa is not always as convenient as it’s cracked up to be. My friend had a hard time transferring jobs as his former employer wanted him to go home so nothing would come back on them, so to speak. He had to explain that he was married to a local so he couldn’t just go home. Anecdotal, I know, but still…

The D-10 visa has made transferring jobs here much easier, especially since we don’t have to get new documents. I suppose you can try make your case with Kimmi to make this change, but I’m not sure why they would. I mean why should a country feel obligated to keep you in the country if you’re neither employed nor married?

D-10 is specifically a looking for work visa, and it gives you six months to find work. I don’t think it’s Stockholm Syndrome to think that’s generous.
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matthews_world



Joined: 15 Feb 2003

PostPosted: Wed Aug 19, 2015 4:38 pm    Post subject: Reply with quote

I've never taught in Japan but what many employers are looking for there are language skills. I guess that's why many choose S. Korea as an alternative.

Also, here in China, marriage isn't a gateway to citizenship. It's basically a stay visa. When we qualify for a position (education, work experience) we need to register work permits and subsequent foreign expert certificate (Z-visa) with the exit bureau or we could be absconded for teaching illegally.

An option is a business visa under the guise of education consuting where you control your own visa and work schedule. Usually need a BA and some experience.

No direct path to citizenship here in China. Even if you are married for 5 years you just get a permanent residence.


Although I didn't opt for one (F-299 by work experience) you guys shouldn't knock F-visas.
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