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Kitten
Joined: 30 Sep 2007
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 Posted: Fri Oct 12, 2007 12:26 am Post subject: E-2 question |
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So, I'm being fired at Hagwon A on Oct 31, my visa is up in January. How long do I have until I have to leave the country?
Kitten. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Oct 12, 2007 1:34 am Post subject: Re: E-2 question |
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| Kitten wrote: |
So, I'm being fired at Hagwon A on Oct 31, my visa is up in January. How long do I have until I have to leave the country?
Kitten. |
Because you were terminated before the end of your visa - legally, you have 14 days after your last day of work to leave the country. (for the other readers out there, this is NOT the same as a visa expiring).
Realistically, if they do NOT cancel your visa you can stay until January.
If you decide to stay and 30 days from now they cancel your visa without telling you then you will be in trouble when you do decide to leave.
The safest bet is to leave, hand in your ARC, come back on a tourist stamp and find a new job. Then you have no worry about being in an overstay or invalid visa position.
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mountainous
Joined: 04 Sep 2007
Location: Los Angeles
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| Posted: Fri Oct 12, 2007 9:26 am Post subject: |
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| ttom, why do you say 14 days? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Oct 12, 2007 6:26 pm Post subject: |
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| mountainous wrote: |
| ttom, why do you say 14 days? |
The employer (as your sponsor) is legally required to report any change in your employment status. This effectively cancels the visa.
When your visa is CANCELLED prior to its expiry you get a 14 day exit order from immigration. (not the same as a visa expiry.)
Your presence is NOT required to get the exit order. It is noted on your file. You must leave the country within that time or be delayed and fined for an immigration violation (overstay).
In reality, the employer is often NOT prompt in making the report in your change of status. Immigration won't know until they are notified. If your employer does nothing you can stay until your visa expires but it is NOT legal to work at any place other than the original school.
If the employer makes a report at some future time because they need to get a new visa issuance number to replace a teacher and they report that you are not working then the clock starts ticking and you have 14 days from that time.
If you stayed and were doing things not authorized under your original E2 status (like working somewhere else) or just hanging out (after your visa was cancelled) then you get dinged for immigration violations when you do try to legalized your status (get a new visa) or leave.
The safest thing to do is leave, hand in your ARC to the passport control officer (immigration) on the way out (cancels any re-entry permit you may have) and then return on a visa waiver stamp to seek new employment.
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Mr Freeze
Joined: 28 Sep 2007
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| Posted: Fri Oct 12, 2007 6:46 pm Post subject: |
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ttompatz, I have a question about exit orders.
I was fired from my job at three months, and received a letter stating I had 14 days to leave the country (an exit order). BUT, there was no stamp on my visa saying void, or cancelled, or anything like that. So the visa looks like it is still valid, even though it is not (I hope). Also, I never turned in my ARC.
Now I'm home in the US. I want to go back to Korea to look for a job on my own. How would I go about doing this? |
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mountainous
Joined: 04 Sep 2007
Location: Los Angeles
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| Posted: Fri Oct 12, 2007 7:47 pm Post subject: Re: E-2 question |
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| ttompatz wrote: |
| Kitten wrote: |
So, I'm being fired at Hagwon A on Oct 31, my visa is up in January. How long do I have until I have to leave the country?
Kitten. |
Because you were terminated before the end of your visa - legally, you have 14 days after your last day of work to leave the country. (for the other readers out there, this is NOT the same as a visa expiring).
Realistically, if they do NOT cancel your visa you can stay until January.
If you decide to stay and 30 days from now they cancel your visa without telling you then you will be in trouble when you do decide to leave.
The safest bet is to leave, hand in your ARC, come back on a tourist stamp and find a new job. Then you have no worry about being in an overstay or invalid visa position.
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At least sometimes, a 30 day exit order is given after employee is fired and visa is cancelled...also it is possible to get an extension on the Exit Order contrary to what has been previously suggested on this Board. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Oct 12, 2007 7:52 pm Post subject: Re: E-2 question |
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| mountainous wrote: |
| ttompatz wrote: |
| Kitten wrote: |
So, I'm being fired at Hagwon A on Oct 31, my visa is up in January. How long do I have until I have to leave the country?
Kitten. |
Because you were terminated before the end of your visa - legally, you have 14 days after your last day of work to leave the country. (for the other readers out there, this is NOT the same as a visa expiring).
Realistically, if they do NOT cancel your visa you can stay until January.
If you decide to stay and 30 days from now they cancel your visa without telling you then you will be in trouble when you do decide to leave.
The safest bet is to leave, hand in your ARC, come back on a tourist stamp and find a new job. Then you have no worry about being in an overstay or invalid visa position.
. |
At least sometimes, a 30 day exit order is given after employee is fired and visa is cancelled...also it is possible to get an extension on the Exit Order contrary to what has been previously suggested on this Board. |
I have personally have NEVER been able to do either A (get a 30 day exit order on an E2) or B (extend an exit order beyond 14 days) AND I do not personally know or have seen documentation of anyone else who has.
I do know of people who have extended their status of sojourn (myself included) but that is a different matter.
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mountainous
Joined: 04 Sep 2007
Location: Los Angeles
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| Posted: Sun Oct 14, 2007 7:01 am Post subject: |
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| A standard form is available to obtain an extension on an Exit Order. The title of the form begins with "Application for Postponement..." and the rest of the title is something close to 'of Order to Exit Korea.' I'll see if i can learn the exact name of the form... |
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