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Do I need to be released from E2 to get C3 or D4

 
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isthisreally



Joined: 01 Sep 2007

PostPosted: Thu Jul 03, 2008 6:45 am    Post subject: Do I need to be released from E2 to get C3 or D4 Reply with quote

So I'm gonna become a student. I'm not finishing my contract at my current workplace. Though I've given plenty of notice (2.5 months) at my job, there is a possibility of disagreements in the future about when I can leave. So do I need to be released from my E2 in order to get a C3 visa? Or a student visa D4?

Thanks.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Jul 03, 2008 7:13 am    Post subject: Re: Do I need to be released from E2 to get C3 or D4 Reply with quote

isthisreally wrote:
So I'm gonna become a student. I'm not finishing my contract at my current workplace. Though I've given plenty of notice (2.5 months) at my job, there is a possibility of disagreements in the future about when I can leave. So do I need to be released from my E2 in order to get a C3 visa? Or a student visa D4?

Thanks.


Nope. LOR is NOT needed.

Just turn in your ARC on a quick trip out of the country and back.

Get a C3 while you are out or just return on a B1 visa waiver stamp and apply for your change of status to D4 when you have the documentation ready.

.
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matthews_world



Joined: 15 Feb 2003

PostPosted: Thu Jul 03, 2008 1:44 pm    Post subject: Reply with quote

Ttompatz didn't look at the whole picture this time.

I think he wants to stay here and not have to leave.
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isthisreally



Joined: 01 Sep 2007

PostPosted: Thu Jul 03, 2008 2:26 pm    Post subject: Reply with quote

Cool thanks. I know I'll have to leave the country to change visas.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Jul 03, 2008 2:50 pm    Post subject: Reply with quote

matthews_world wrote:
Ttompatz didn't look at the whole picture this time.

I think he wants to stay here and not have to leave.


You CAN'T. What he wants to do will require leaving and returning.

You can't go from E2 to C3 without a trip to a consulate abroad. B1/B2 requires an exit and re-entry without the ARC/re-entry permit.

The closest he would be able to do without leaving the country would be a 30 day exit order and then he wouldn't be able to change to the student visa without a visa run.
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IlIlNine



Joined: 15 Jun 2005
Location: Gunpo, Gyonggi, SoKo

PostPosted: Thu Jul 03, 2008 4:35 pm    Post subject: Reply with quote

ttompatz wrote:
matthews_world wrote:
Ttompatz didn't look at the whole picture this time.

I think he wants to stay here and not have to leave.


You CAN'T. What he wants to do will require leaving and returning.

You can't go from E2 to C3 without a trip to a consulate abroad. B1/B2 requires an exit and re-entry without the ARC/re-entry permit.

The closest he would be able to do without leaving the country would be a 30 day exit order and then he wouldn't be able to change to the student visa without a visa run.


I and a few others I have known have managed similar feats as long as the period of sojourn overlaps. I myself went from an E2 to a D2 visa without leaving the country... no problem. I have my original ARC with the D2 update as a single entry in the back.

Just bring all the relevant documents to immi. in this case, though, you will need some kind of release -- something that outlines the start and definite end date of your work.

Note that if you leave the country while you have time left on your visa - if you don't cancel it properly, your visa will only expire when the full period of sojourn has run out, even though you've handed in your ARC.
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