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Does this actually work (cancelling E-2)?

 
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maxxx_power



Joined: 17 Mar 2003
Location: BWAHAHAHAHA! I'M FREE!!!!!!!

PostPosted: Mon Jul 28, 2003 2:56 pm    Post subject: Does this actually work (cancelling E-2)? Reply with quote

My boss at my current hogwan agreed to cancel my E-2 (I've already waited out my 60 day notice period) this Friday. This week the hogwan was sold and the new owners are saying that the agreement was made between the old owner and not them, even though I repaid the airfare! They are refusing to release me from my visa despite the previous promises.

They say that regardless of whether or not the old director accepted the letter, they no longer accept it Mad !!!

Can I just leave the country handing in my alien card and return on a tourist visa?

When I apply for a new E-2 and go to the consulate in Japan what will happen (in a new immigration district)? I can bring a copy of my old contract, dated letter of resignation, and proof that airfare was indeed deducted (will this actually help?).

Any advice from people who have actually done this would be greatly appreciated. I used the search option and found scant information on how this works, so many different opinions.

I had another job lined up after that Friday but now I worry that it will be lost if matters get complicated.
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hellofaniceguy



Joined: 10 Jan 2003
Location: On your computer screen!

PostPosted: Mon Jul 28, 2003 3:27 pm    Post subject: Reply with quote

Hold on, help is here. If your school has been sold, your contract is VOID. I speak from EXPERIENCE. As do others. The new school has to go to the immigration office, fill out documents, you also need to give them your passport and they will issue you a new stamp. IF YOU AGREE. If not, you're free. If the school does not tell immigration that the school has been sold, you'll pay a fine, 500.000 Won, your name gets added to the black list (no big deal unless you get a few more brownie points then you're out), the school also pays a fine. So, you do have a way out. You just give the nice kind folks at immigration a call and check it out for yourself.
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Alex Buffa



Joined: 31 Jan 2003
Location: South Korea

PostPosted: Mon Jul 28, 2003 4:06 pm    Post subject: You have no problem Reply with quote

I suggest you goto immigration and "inform" them of your current circumstances. By going first you will take the blame off yourself for any potential fines imposted by staying in country off your cancelled visa.

Your visa is owned by a person, not a school. If your school is sold or your contract working conditions are severely changed, then this effectively cancels your E-2 visa. You are OBLIGATED to inform immigration of any serious changes in your working conditions or changes to your visa status. You CANNOT just sit there and do nothing because you don't know what to do.

Your school is also obligated to notify immigration. What it seems to me is that your old boss is "selling" you to your new boss and hoping that immigration will not discover the difference until your contract/visa runs out.

Goto your immigration office. You may find that you may have to move out if you choose not to stay in the school you are in now. But you are free. PLEASE goto an immigration office and find an english speaking person to explain your circumstances.

I have an F-2 visa. And thank God I don't have to put up with any of this teaching visa crap anymore. F-2 is literally absolute employment freedom.

Woohoo!

Alex
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The Lemon



Joined: 11 Jan 2003

PostPosted: Mon Jul 28, 2003 4:21 pm    Post subject: Reply with quote

For more info on this F-2 thing Alex is talking about, check out these threads (taken from Waterbaby's excellent FAQ):

F2 Visas

1. Getting an F2 Visa
2. F-2-1 Visa

There's no indication, however, that the OP is in any way eligible for the F-2.
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waterbaby



Joined: 01 Feb 2003
Location: Baking Gord a Cheescake pie

PostPosted: Mon Jul 28, 2003 9:41 pm    Post subject: Reply with quote

I'll come in with my usual spiel about now and say that you should send an email to EFL Law administration@efl-law.com

They are very prompt and offer good, solid advice. Keep us posted with your situation. I know you've been in an awful position for such a long time. Good luck!
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Alex Buffa



Joined: 31 Jan 2003
Location: South Korea

PostPosted: Tue Jul 29, 2003 7:04 am    Post subject: EFL Law is not always accurate. Reply with quote

I found out by visiting immigration and actually copying their book of the rules and regulations about visa issuances that they are not the same as what is listed here.

I got my F-2 after a long and drawn out process that was both a very frustrating experience and very time consuming.

To work under an F-2 all you need is a contract. You can do anything you want, but you must file for permission to "perform actions not already sanctioned under your current sojourn". In this case, teaching is very easy. You fill out all the information that you need, provide a copy of your contract and passport...they stamp it and you usually get your permission written on the back of your card.

Want to work somewhere else? Just do the same process with immigration. You can work at 5 locations with no difficulties. As long as someone is willing to hire you and you file the proper papers, you're fine. If you don't like the work, then quit. Walk away. Your extra permission and quitting have no effect on your marriage visa. (no release papers required for a new teaching visa)

Get caught teaching privates? No deportation. You just get a fine.

The world of F-2 is absolute freedom both in employement and money making potential with you controlling your working conditions as opposed to your boss. Some schools may not like it, but it also shows some degree of stability that you will not simply "run away at midnight".

Then again, if you have an F-2 visa here, you know already how to avoid those circumstances altogether.

Alex
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maxxx_power



Joined: 17 Mar 2003
Location: BWAHAHAHAHA! I'M FREE!!!!!!!

PostPosted: Tue Jul 29, 2003 2:28 pm    Post subject: Reply with quote

I do not have an F-2 Visa and need to check if I am even eligible to obtain one.

That is definately an option I should consider judging the comments.

Thanks everyone for your advice. I think I'm chiseling away at the new owners, hopefully it can still be resolved without too much difficulty on either end.

They are rather hush hush as to if they even are the "owners". I'm told that they are only partners with the old owner, who has since gone AWOL and doesn't come to the school anymore (odd isn't it?). I told them that if indeed they were the new owners then they need to file new papers with the labor department/immigration for the other foreign teachers working at the school.

I have a few more question.

If my E-2 is sponsored by my original boss, is he the one that needs to accompany me to immigration and cancel my Visa? In that case why am I even dealing with the new "partners"?

Thanks for all the advice, I can actually see light at the end of the tunnel. It's been a long 60 days.
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Alex Buffa



Joined: 31 Jan 2003
Location: South Korea

PostPosted: Tue Jul 29, 2003 10:32 pm    Post subject: your old boss must go Reply with quote

Only the person who sponsored your visa can cancel it. You have to go WITH your boss to cancel your visa. Sorry about this, but it's the only way to get a new visa.

Alex
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Holyjoe



Joined: 03 Mar 2003
Location: Away for a cuppa

PostPosted: Thu Oct 09, 2003 6:10 pm    Post subject: Reply with quote

Mods, any chance of adding Alex Buffa's info re: what you can do with the F-2 to the FAQ thread (if it's not there already)

Pretty good information.
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waterbaby



Joined: 01 Feb 2003
Location: Baking Gord a Cheescake pie

PostPosted: Fri Oct 10, 2003 2:17 am    Post subject: Reply with quote

Holyjoe wrote:
Mods, any chance of adding Alex Buffa's info re: what you can do with the F-2 to the FAQ thread (if it's not there already)

Pretty good information.


No problem... thanks for the tip! Very Happy
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TobyWhite



Joined: 16 Jan 2003
Location: Gumi

PostPosted: Sun Oct 12, 2003 10:09 am    Post subject: Re: your old boss must go Reply with quote

Alex Buffa wrote:
Only the person who sponsored your visa can cancel it. You have to go WITH your boss to cancel your visa. Sorry about this, but it's the only way to get a new visa.

Alex


Wrongo. My last boss screwed me over and refused to cancel my visa or give me a release. I went to Japan and handed my card in when I left. No more visa. Didn't need the boss. Came back the next day as a tourist and got a new visa with my new boss. No problems at all.
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helly



Joined: 01 Apr 2003
Location: WORLDWIDE

PostPosted: Mon Oct 13, 2003 11:10 pm    Post subject: Reply with quote

Alex Buffa,

You are saying the visa is owned by an individual, not a school. I don't think this is technically correct.

From my understanding, the visa is controlled by a business license. Each owner of a school needs to get a new business license, cannot be sold or bought. So when the school is sold to new owners, the original business license is in effect gone and a new license is now in the hands of new owners.

The clarification was needed (in my opinion) to clarify that the "owners" of your visa cannot transfer your visa to any other new business venture that start up.

Oh, welcome back to the board by the way.
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Alex Buffa



Joined: 31 Jan 2003
Location: South Korea

PostPosted: Wed Feb 18, 2004 12:13 am    Post subject: Reply with quote

helly wrote:
Alex Buffa,

You are saying the visa is owned by an individual, not a school. I don't think this is technically correct.

From my understanding, the visa is controlled by a business license. Each owner of a school needs to get a new business license, cannot be sold or bought. So when the school is sold to new owners, the original business license is in effect gone and a new license is now in the hands of new owners.

The clarification was needed (in my opinion) to clarify that the "owners" of your visa cannot transfer your visa to any other new business venture that start up.

Oh, welcome back to the board by the way.


A MARRIAGE visa F-2 (residency) cannot be owned by a school. You didnt' marry the school, you married a Korean national. You apply for PERMISSION to do things in Korea while you reside here. Hence the rules of employment are very different.

I renewed my uni contract, just got my HS contract resigned and do a few other things. No problems at all. Last permission took a grand total of 6 minutes at immigration to stamp my passport and write on the back of my card....very quick and easy.

You do not realize that F-2 and E-2 are TOTALLY DIFFERENT things. The rules are very different. You are thiking E-2....I'm not in that boat anymore..and like any Korean, I can work anywhere I want now with the same freedom they have.
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tokki



Joined: 26 Jul 2003

PostPosted: Wed Feb 18, 2004 2:27 am    Post subject: Reply with quote

What is the next step after the F2-1. The F2-1 still doesnt give you as many rights as the F4 for example. Is the F5 visa the next upgrade? Having the F2-1 kicks butt, it provides a lot of legal protection, but I wanna upgrade. When can I seek perminent residence? is that the F5? Basically I want a visa where I can do any job I want without having to run to immigration to ask.
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syclick



Joined: 23 Mar 2003
Location: Seoul

PostPosted: Fri Jul 16, 2004 5:35 am    Post subject: Reply with quote

Okay, this response is a few months late, but I was just looking at the info for F-5 visas, and this was posted on the Immigration website's Q&A section:

Quote:
Q:
Dear Sir ,i would like to know about premanent resident in s.korea,how can i apply it under the business catagorey, thanks

A:
Dear Mr./Ms.
First of all, I really appreciate your hope to stay in my country for a long long time. A F-5(residence visa) is given to a holder of F-2 visa status who has stayed in Korea over 5 years with that visa. Thank you.
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