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An E2 Visa Transfer with a Grandfathered-in Dirty FBI Check

 
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TheKudzuConnection



Joined: 27 Jun 2008

PostPosted: Mon Jul 08, 2013 5:32 pm    Post subject: An E2 Visa Transfer with a Grandfathered-in Dirty FBI Check Reply with quote

Hey people,

I've been teaching at an elementary school for five years on a dirty FBI check - I was arrested for simple battery and disorderly conduct after punching a guy (in defense of my then-girlfriend's honor!) back when I was a sophomore in college. The charges were later dismissed. My recruiter was able to convince the office of education here to allow me to work anyway, way back in 2008 when I came here. I've heard that visa regulations have become stricter with regard to dirty FBI records since I came, though, and that had I applied a year or two later, there would have been nothing the recruiter could have said to get me employed.

But I've been here, at the same school, on the same visa, ever since, and I've never had a problem renewing my visa. I'm facing a new visa challenge soon, though: My fifth contract is almost complete, and I have a university position lined up for September, and I'll need to transfer my visa, rather than have it renewed. I'm wondering: Has anyone ever attempted this particular procedure?

If I'm allowed to transfer without submitting a new background check, I'd say my chances of success are decent - so long as my employer is OK with my record (a big "if" in its own right). But if I'm asked for a new background check I suspect I'll be in trouble.


Last edited by TheKudzuConnection on Mon Jul 08, 2013 8:03 pm; edited 2 times in total
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Jul 08, 2013 5:42 pm    Post subject: Re: An E2 Visa Transfer with a Grandfathered-in Dirty FBI Ch Reply with quote

TheKudzuConnection wrote:
Hey people,

I've been teaching at an elementary school for five years on a dirty FBI check - I was arrested for simple battery and disorderly conduct after punching a guy back when I was a sophomore in college. The charges were later dismissed. My recruiter was able to convince the office of education here to allow me to work anyway, way back in 2008 when I came here. I've heard that visa regulations have become stricter with regard to dirty FBI records since I came, though, and that had I applied a year or two later, there would have been nothing the recruiter could have said to get me employed.

But I've been here, at the same school, on the same visa, ever since, and I've never had a problem renewing my visa. I'm facing a new visa challenge soon, though: My fifth contract is almost complete, and I have a university position lined up for September, and I'll need to transfer my visa, rather than have it renewed. I'm wondering: Has anyone ever attempted this particular procedure?

If I'm allowed to transfer without submitting a new background check, I'd say my chances of success are decent - so long as my employer is OK with my record (a big "if" in its own right). But if I'm asked for a new background check I think I'll be in trouble.


Transfer of an E2 is no issue.
Change to a D10 and back to E2 is no issue.

Application for a new E2 and you will be looking at Thailand or Cambodia for your next job.

To transfer you will need:
ARC
passport
new contract
new employer's business registration
new employer's guarantee (sponsorship)
application
fees (60k for the transfer and 30k for the extension).

.
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TheKudzuConnection



Joined: 27 Jun 2008

PostPosted: Mon Jul 08, 2013 7:23 pm    Post subject: Reply with quote

Sweet. Then if I can get the university to accept my background check I should be home free. Thanks.
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spaceman82



Joined: 01 Dec 2009

PostPosted: Mon Jul 08, 2013 8:39 pm    Post subject: Reply with quote

Correct me if I'm wrong, but couldn't you transfer over to an F visa if you've been here for 5 straight years on an E-2? If so, it seems like it might be a good way to avoid future problems with background checks altogether.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Jul 08, 2013 9:40 pm    Post subject: Reply with quote

spaceman82 wrote:
Correct me if I'm wrong, but couldn't you transfer over to an F visa if you've been here for 5 straight years on an E-2? If so, it seems like it might be a good way to avoid future problems with background checks altogether.


It may be possible but the CRC may get in the way.

.
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