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Can I be deported before LB finished?

 
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georgewallas



Joined: 26 Nov 2007

PostPosted: Thu Jan 24, 2008 8:01 pm    Post subject: Can I be deported before LB finished? Reply with quote

I am currently in a LB dispute over a bunch of things.

One Kimmi told me that since I am no longer working at the hogwan [despite the fact that my LB is, amongst other things, a wrongfull dismissal issue regards the last date], I will be issued an exit order, or will have to apply for a change of status for a G visa [never heard of it before].

The other previously told that I will not be deported/given an exit order if I have pending legal matters.

Can someone please tell what's up and down regards this?
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blade



Joined: 30 Jun 2007

PostPosted: Thu Jan 24, 2008 9:54 pm    Post subject: Re: Can I be deported before LB finished? Reply with quote

georgewallas wrote:
I am currently in a LB dispute over a bunch of things.

One Kimmi told me that since I am no longer working at the hogwan [despite the fact that my LB is, amongst other things, a wrongfull dismissal issue regards the last date], I will be issued an exit order, or will have to apply for a change of status for a G visa [never heard of it before].

The other previously told that I will not be deported/given an exit order if I have pending legal matters.

Can someone please tell what's up and down regards this?

I'm pretty sure that you can be deported even if your waiting for a labour board decision. Your best bet is ask immi to change your visa status to a tourist visa.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Jan 24, 2008 10:29 pm    Post subject: Re: Can I be deported before LB finished? Reply with quote

georgewallas wrote:
I am currently in a LB dispute over a bunch of things.

One Kimmi told me that since I am no longer working at the hogwan [despite the fact that my LB is, amongst other things, a wrongfull dismissal issue regards the last date], I will be issued an exit order, or will have to apply for a change of status for a G visa [never heard of it before].

The other previously told that I will not be deported/given an exit order if I have pending legal matters.

Can someone please tell what's up and down regards this?


From the immigration website:

G-1 Status (Other)

A. The Object of Visa Issuance

This visa is available to foreigners who are not eligible for A-1 status through F-3 and H-1 status, but who desire to stay in Korea over 91 days.

ㅇ An individual who is receiving medical treatment

ㅇ An individual who has filed a legal suit.

* A person who is scheduled to stay no longer than 90 days in Korea for the purpose of the above activity is involved in the category of short-term visitors (C-3).

A LB matter clearly falls into ㅇ An individual who has filed a legal suit.

Apply in person or by proxy for a change in status from E2 to G1 and then you have no worry.

Cost is 30k won. You need your ARC, passport, proof of the claim at the labor board, signed application form and 30k won.

.
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rareeagle



Joined: 11 Apr 2007

PostPosted: Fri Jan 25, 2008 2:53 am    Post subject: Reply with quote

I have just faced a similar situation and immigation granted a 30 day extention of my e2. Although the LB matter looks to be
heading towards prosecution of the hagwon director this may take quite some time to be resolved completely. Your choice is to look and obtain a new employer or leave and await the outcome in your own country. Essentially, your part of any LB action is to receive any cash owed you. When and if that is achieved it will be sent to your nominated bank account. Apart from that it has no connection to your immigration status IMHO.
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wylies99



Joined: 13 May 2006
Location: I'm one cool cat!

PostPosted: Fri Jan 25, 2008 4:36 am    Post subject: Reply with quote

CYA ASAP! Go to Immigration with a copy of what you filed at Labor and any notices you have received from Labor. Ask them to place your Visa status ON HOLD until the Labor case is heard and the ruling has been issued. Tell them to NOT change YOUR VISA STATUS AGAIN until they hear from you. You should be able to get this.

You can also ask them to release you from your current E2 so you can work at another school to support yourself. You MIGHT be able to do this.

Do all of this ASAP. MANY hogwan owners go to Immigration and lie and say that you QUIT. Immigration hasn't heard anything from the teacher, so they issue an exit order. It's been known to happen. Immigration is rarely on the side of justice for teachers.
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wylies99



Joined: 13 May 2006
Location: I'm one cool cat!

PostPosted: Fri Jan 25, 2008 4:39 am    Post subject: Reply with quote

Quote:
Cost is 30k won. You need your ARC, passport, proof of the claim at the labor board, signed application form and 30k won.



I've never been required to pay anything and I don't know anyone else who had to pay to get this done.
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