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Transitioning from E2 to E7 Visa

 
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dg347506



Joined: 16 Jun 2014

PostPosted: Wed Jun 18, 2014 10:21 pm    Post subject: Transitioning from E2 to E7 Visa Reply with quote

I am asking for clarification on the process of transitioning from an E2 to E7 Visa based on previous threads I have read.

Here's my situation:

For my current, E2 Visa, job, the contract completion date is August 31st. My new, E7 Visa, job needs me to begin work on September 1st. I contacted immigration and they told me that I meet the qualifications for an E7; however, it usually takes a week or more to change from an E2 to E7 visa and they cannot BEGIN the transition process until after my CCD (8/31). Obviously, this puts me in a bind because I would like to begin my new job the next day (9/1). The only other option I am being given is to request a Letter of Release from my current job (which they would grant). But that would result in me losing out on a substantial amount of money (severance pay, last paycheck...etc) that is due to me from my current job.

I am inquiring about the following:

[1] Has anyone ever successfully transferred from an E2 to E7 visa while the previous contract was still in effect? Essentially, I am asking if it is possible to get a new visa without a LOR from my current job.

[2] Is a visa run necessary for the transition from an E2 to E7 visa?

Thank you in advance for your insight.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Jun 18, 2014 10:30 pm    Post subject: Re: Transitioning from E2 to E7 Visa Reply with quote

dg347506 wrote:
I am asking for clarification on the process of transitioning from an E2 to E7 Visa based on previous threads I have read.

Here's my situation:

For my current, E2 Visa, job, the contract completion date is August 31st. My new, E7 Visa, job needs me to begin work on September 1st. I contacted immigration and they told me that I meet the qualifications for an E7; however, it usually takes a week or more to change from an E2 to E7 visa and they cannot BEGIN the transition process until after my CCD (8/31). Obviously, this puts me in a bind because I would like to begin my new job the next day (9/1). The only other option I am being given is to request a Letter of Release from my current job (which they would grant). But that would result in me losing out on a substantial amount of money (severance pay, last paycheck...etc) that is due to me from my current job.

I am inquiring about the following:

[1] Has anyone ever successfully transferred from an E2 to E7 visa while the previous contract was still in effect? Essentially, I am asking if it is possible to get a new visa without a LOR from my current job.

[2] Is a visa run necessary for the transition from an E2 to E7 visa?

Thank you in advance for your insight.


Since the jobs are literally back to back the EASIEST (but not the cheapest) way is a simple visa run.

Alternatives are to extend your stay and transfer or switch to a D10.
You can usually stay in the country during the transition period but technically it is illegal to work (although it is often done) before the paperwork is done.

.
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dg347506



Joined: 16 Jun 2014

PostPosted: Wed Jun 18, 2014 10:44 pm    Post subject: Re: Transition from E2 to E7 Visa Reply with quote

Thank you for your reply. Could you possibly walk me through how the visa run would work in my case?

Specifically, when can I do the visa run if I don't want to terminate my contract with my current employer: anytime in August? or do I need to wait until August 31st (my CCD)? Side note: my last actual day of work is July 25th, but my contract goes until 8/31 because I am supposed to be on vacation.

Also, as I understand it, my new employer needs to prepare my E7 visa number through immigration before I go on my visa run? Will immigration grant this without a LOR from my current contract?

Finally, would the visa run terminate my old contract and thus cause me to lose my severance pay / last paycheck from my previous job?

Thank you for your very valuable information.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Jun 18, 2014 10:55 pm    Post subject: Re: Transition from E2 to E7 Visa Reply with quote

dg347506 wrote:
Thank you for your reply. Could you possibly walk me through how the visa run would work in my case?

Specifically, when can I do the visa run if I don't want to terminate my contract with my current employer: anytime in August? or do I need to wait until August 31st (my CCD)? Side note: my last actual day of work is July 25th, but my contract goes until 8/31 because I am supposed to be on vacation.

Also, as I understand it, my new employer needs to prepare my E7 visa number through immigration before I go on my visa run? Will immigration grant this without a LOR from my current contract?

Finally, would the visa run terminate my old contract and thus cause me to lose my severance pay / last paycheck from my previous job?

Thank you for your very valuable information.


The contract dates are largely not relevant.
What is the expiry date on your ARC?

If it expires on 8/31 and your last date of work is 7/25 then get a LOR post dated to 8/31. Start the paperwork for your transfer a few days before that.

Alternatively, you need to run twice.
Once on 8/31 (assuming that is also your ARC expiry date) so you don't overstay your ARC and again a week later to get your new E7.

The biggest issue is whether or not your ARC expires on the Sunday.

.
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dg347506



Joined: 16 Jun 2014

PostPosted: Wed Jun 18, 2014 11:00 pm    Post subject: Re: Transition from E2 to E7 Visa Reply with quote

My ARC doesn't expire until September 12th, unfortunately.

What if I were to get a Letter of Release on August 18th (the day after my last paycheck) and just sacrifice my severance pay. Would that be enough time to transition from an E2 to E7? Would a visa run still be necessary in that case?

Thank you!
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Jun 18, 2014 11:06 pm    Post subject: Re: Transition from E2 to E7 Visa Reply with quote

dg347506 wrote:
My ARC doesn't expire until September 12th, unfortunately.

What if I were to get a Letter of Release on August 18th (the day after my last paycheck) and just sacrifice my severance pay. Would that be enough time to transition from an E2 to E7? Would a visa run still be necessary in that case?

Thank you!


GOOD news is that your ARC is good until Sept 12.

Finish your contract on 8/31. Get a letter (certificate of employment - they are required by law to provide it when asked) that indicates your contract is complete as of that date.

Go to immigration on Sept 1.
Transfer to your E7.
New ARC arrives a couple weeks later.
No overstay.
No issues.

.
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dg347506



Joined: 16 Jun 2014

PostPosted: Wed Jun 18, 2014 11:11 pm    Post subject: Re: Transition from E2 to E7 Visa Reply with quote

Wow. Really?

But what about the week or more transition period from an E2 to E7 visa that immigration is telling me about when I talk to them on the phone?

From what they are telling me, if I waited until September 1st to visit immigration, I would have to wait another week (or more) for them to change my visa before I could start work.

Thanks for the continued replies.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Jun 19, 2014 2:16 am    Post subject: Re: Transition from E2 to E7 Visa Reply with quote

dg347506 wrote:
Wow. Really?

But what about the week or more transition period from an E2 to E7 visa that immigration is telling me about when I talk to them on the phone?

From what they are telling me, if I waited until September 1st to visit immigration, I would have to wait another week (or more) for them to change my visa before I could start work.

Thanks for the continued replies.


Doesn't matter. Your status of sojourn remains intact.

TECHNICALLY you are NOT supposed to work at the new job until your E7 is official (takes about 4 working days) but unofficially, as soon as the application is accepted at the desk at immigration you are good to go.

It takes a couple of weeks before your new ARC arrives... you are sort of in limbo during that phase (no ARC so running off to some beach in Thailand for a long weekend isn't going to happen) but your stay is completely legal and legit.

Your problem is that you were talking on the phone. The answers you get are pretty generic in nature and often misleading for any number of reasons (often due to incomplete, inaccurate or irrelevant information from the caller - sort of like your original post).

.
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