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ash530
Joined: 09 Dec 2013
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Posted: Tue Feb 19, 2019 9:21 am Post subject: when does an E2 expire if no ARC/work but traveled to Korea? |
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Last year a school backed out last minute after I already got the E2 in my passport. I ended up changing my flight to visit about a month later since I knew I couldn't get a new job until the visa expired or I got a LOR. When I arrived, I got a printout ticket that said I was allowed in Korea on the E2 until May 2019. My recruiter told me things were being worked out with the school and the visa had been cancelled but apparently that wasn't true (later they were working with me and the school to get a new job but eventually cut contact). My issue is that now I don't know when my E2 expires and when I can get a new job. I already have all the new documents but I'm afraid to apply too early and be denied because the visa is still active. Immigration won't confirm the status as I'm out of the country and say I need to go to their offices on an appointment. Does the E2 expire on the date in my passport? The date on the contract with the school (even though I never worked)? Or the date on the ticket when I visited, even though I didn't actually go to work and therefore never applied for or received an ARC? |
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CentralCali
Joined: 17 May 2007
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Posted: Thu Feb 21, 2019 7:54 pm Post subject: |
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Can you clear up something? The visa you got from the ROK embassy or consulate is an entry visa. Once you enter the country on that visa, you then have 30 days, IIRC, to report to Immigration with the appropriate paperwork from your employer. You evidently did not do that, but instead entered the country on the wrong type of visa.
FYI: The E-2 visa is "owned" by your sponsoring employer. Once they cancel heir sponsorship, your visa is not valid unless it's been transferred to another sponsor.
You need to check with Immigration yourself or, better yet, with the consulate serving your area, and tell them exactly what the situation is. |
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ash530
Joined: 09 Dec 2013
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Posted: Fri Feb 22, 2019 12:23 pm Post subject: |
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i'll have to look for the slip given to me at the airport, but it said i entered in on my e2 visa. since i didn't get my ARC within the 30 days, i'm unsure what the status is now.
at the time of contacting immigration, they told me they can't deny or confirm anything but it seemed that my visa wasn't cancelled by the school. they said anything else would have to be confirmed with an appointment in person, which i cant do as i'm back in the US. i haven't contacted my consulate yet since i had heard from others that they usually can't tell you much either. |
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CentralCali
Joined: 17 May 2007
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Posted: Fri Feb 22, 2019 8:22 pm Post subject: |
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Your consulate cannot and does not act as your lawyer nor can it offer legal advice. In my humble non-lawyer opinion, your description shows you violated South Korea's visa laws. Your second-best bet is to contact a lawyer practicing in Korea. In my humble non-lawyer opinion, your best bet is to simply forget about working in Korea.
You can contact ttompatz on this forum for advice. Since he's very knowledgable about Korea's visa laws, his advice might be better (or at least more-informed) than mine.
Oh, it's quite recently become a very politically sensitive issue in Korea to be violating their visa rules, so don't be too surprised if the answers aren't what you're hoping for. |
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CentralCali
Joined: 17 May 2007
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Posted: Sun Feb 24, 2019 6:55 am Post subject: |
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I checked your other posts, You knew what you were doing when you broke the law. Thanks for making it harder on the rest of us. |
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ash530
Joined: 09 Dec 2013
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Posted: Sun Feb 24, 2019 7:27 am Post subject: |
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okay. it seems you're just trying to start something for no reason. or perhaps you aren't and are misunderstanding the situation. if that's the case, then i apologize. i don't check people's other posts because it's none of my business, so i don't know whether you're on here to actually help people or just cause problems.
anyway, how did i break any law? the last question i asked was if i could travel to Korea as a tourist because of having the E2 already but losing the job. i was told on here and other places that it would be fine to travel and i did. i didn't stay over 90 days or work while in the country. it's not my fault the school didn't cancel my visa before i arrived. what would be the difference if i entered Korea and then quit the job before the 90 days and left? i've seen people do that and have been allowed back to teach.
maybe a little unrelated, but you don't know how many issues i've dealt with when it comes to trying to work in korea. i admit i'm a bad job picker but i've built connections in the country and i'm dedicated to teaching so that's why i usually return. i'm not out to screw anyone over, in fact, i'm always the one that ends up screwed over. and yet, i never ever say anything bad about korea. |
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CentralCali
Joined: 17 May 2007
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Posted: Sun Feb 24, 2019 4:40 pm Post subject: |
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Entering on an E2 visa is not now, and never has been, entering the country as a tourist. It never will be. I'm not trying to start anything. The only reason I checked your other posts is because something in your OP in this thread sounded familiar. I was right.
What you were told is that it's fine to travel to Korea as a tourist and that you can look for employment even as a tourist. Presenting an E2 visa to the airline to fly to Korea and to immigration when you enter the country is not entering as a tourist. Visa fraud is what you did and, yes, that is breaking the law.
You say you didn't work while you were in Korea on that E2 visa. So what? It's an employment visa tied to a particular employer, one you already knew, according to your previous posts here, who is not employing you. Then you presented that visa to immigration to enter the country. How is that not breaking the law? |
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