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E2 -> D10 ?

 
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DanseurVertical



Joined: 24 Nov 2010

PostPosted: Wed Dec 11, 2013 10:26 pm    Post subject: E2 -> D10 ? Reply with quote

I'm currently teaching on an E2 visa but would like to quit my current job and begin working as the manager for my friend's start-up (not teaching related, but requiring a native English speaking staff member)

I had thought everything was fine, but then my friend says today I need to talk with the immigration staff to see if the transfer is possible.

Does anyone know the law better than he and I do?
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Wed Dec 11, 2013 10:41 pm    Post subject: Reply with quote

Two problems

1) The D-10 is not a work visa. You can not transfer to it if you want to work another place. You can do a E2--> E2 visa transfer.

2) Transfer to another employer in middle of contract will require a release letter.

2.5) Ex-employer is not required to give a LOR.

Bonus Problem) Even if you quit and try for another work visa the hard way you may be required to wait for the old visa/contract to expire.
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DanseurVertical



Joined: 24 Nov 2010

PostPosted: Wed Dec 11, 2013 10:51 pm    Post subject: Reply with quote

Skippy wrote:
Two problems

1) The D-10 is not a work visa. You can not transfer to it if you want to work another place. You can do a E2--> E2 visa transfer.

2) Transfer to another employer in middle of contract will require a release letter.

2.5) Ex-employer is not required to give a LOR.

Already dealt with 2 and 2.5

1 is a problem - you're right. The lawyer my friend met with seems to be a fool.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Dec 12, 2013 12:07 am    Post subject: Reply with quote

E2 to E7 is possible but you still need the LOR.

You also need to meet all of the other requirements for the E7 (appropriate academic background, experience, etc) as well as having your "friend" complete the requirements to show that a Korean cannot do the job or cannot possibly be found (who could do the job).

.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sat Dec 28, 2013 5:54 am    Post subject: Reply with quote

ttompatz wrote:
E2 to E7 is possible but you still need the LOR.

You also need to meet all of the other requirements for the E7 (appropriate academic background, experience, etc) as well as having your "friend" complete the requirements to show that a Korean cannot do the job or cannot possibly be found (who could do the job).

.


That is the main problem that he'll encounter. His friend will likely have to advertise nationally to be able to say that he made a sincere effort to find a Korean to do that job. Still, depending what the company does, he may be able to word the job description so that it's very customized to your abilities or background.

Your other option is to just hang out here as a tourist and get paid into a foreign bank account. For that, you'd have to do visa runs every 3 months (or 6 if you're Canadian). A lot of people DO live here as tourists (i.e. without a visa) without any problem from immigration - as long as they're not actually employed here.
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