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sort of an update on E2 visa transfer etc.

 
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moosehead



Joined: 05 May 2007

PostPosted: Tue Jan 20, 2009 2:51 am    Post subject: sort of an update on E2 visa transfer etc. Reply with quote

**PLEASE NOTE THIS IS FOR SOMEONE CURRENTLY HOLDING AN E-2 VISA; SOME OF THE INFO MAY BE APPLICABLE TO OTHERS SO READ AT YOUR OWN RISK IF YOU ARE NOT AN E-2!**



ok, I went down to the Jongno branch (in Seoul) of immigration today. My current contract finishes in March. I was there to ask 2 questions:

1) The contract is longer than the date on my visa - how do I go about extending my visa so I'm not illegal?

2) Is it true I can transfer my visa to another contract and not have to do a visa run?

Information I was provided was this:

1) She looked at the visa in my passport along with the ENTRY date I returned to Korea after the visa was issued. That's interesting - apparently the visa doesn't become effective until you enter the country - go figure - learn something new everyday. SO - the expiration date of my visa is 1 year from the date I entered the country.

Then she showed me on my ARC card how to find the date - if you look under your photo you'll see two dates. The bottom one is the expiration date of your visa - the same as 1 year after your ENTRY date into the country (after receiving a new E2 visa) which is stamped in your passport.

Since my contract is set to expire AFTER the visa (by about a week) I do need to extend the visa. This entailed a check by immigration, while I was there, of all the documents currently required, i.e., the med check, CBC, academic credentials, etc. Since I had submitted them last year, I did not need to resubmit them again.

HOWEVER, she said IF YOU HAVE NOT SUBMITTED THESE DOCUMENTS BEFORE YOU WILL HAVE TO DO SO EVEN FOR A ONE (1) DAY EXTENSION.

Wow - that's news to me!! I'm glad I don't have to do that! BUT I will need to bring in a copy of my current contract and some kind of paperwork from my school - she wrote it down in Korean so I can give it to them, and they will give it to me to bring in.

The cost is the same as ever - 30,000 won.

**She also gave me a pamphlet and told me I can book an appointment next time so I don't have to wait - apparently it's on www.hikorea.go.kr
(ok, well I just checked the link and there's a lot of info there - but it doesn't like my mac so I'll have to check it later on my windows machine)

ok, now for (2)

IF I want to transfer my visa - I MUST start the new contract the day after my old contract expires - there can be NO days between them.

So I need a new contract, PLUS a letter of release/agreement (she kept calling it the same thing, I thought at first she meant two different letters) from my old school that it was acceptable for me to change schools after I finish my contract.

She said if I brought those in myself I could transfer my visa - but I'm thinking I'd also need some documentation from the new school with their business info on it - but I'm sure they'd know about that (if they don't I'm not working for them!!)

*******

I did NOT ask about what do I need if I start a contract AFTER this visa has expired because I'm thinking it's pretty obvious - one has to start everything from scratch - but who knows - by then the rules may change anyway.

I think it's kinda stinky about my current school having the right to give their approval for me to start a new contract and transfer my visa - this was supposed to make things easier - but this gives a lot of power to a former employer. Technically, one can still do a visa run but still - I think it pretty much sucks, just based on the fact if I finish my contract I should be able to work wherever.

Ok, hope this helps folks, and hope others will update with their own knowledge.
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roknroll



Joined: 29 Dec 2007

PostPosted: Thu Jan 29, 2009 1:19 am    Post subject: Reply with quote

Quote:
I think it's kinda stinky about my current school having the right to give their approval for me to start a new contract and transfer my visa - this was supposed to make things easier - but this gives a lot of power to a former employer.


Kinda? Totally! Sad I hope she was mistaken about this. The only time one should need a release letter, is if you're actually being released. If the contract is set to expire, say March 1 and your doing the paperwork beforehand so you can begin a new contract with a new employer for Mar 2, what is the purpose of the 'release' letter? Of course, if the last working day changed from the one stated in the contract to an earlier point, then yes a release letter would logically follow.

And therein lies the problem, don't bother trying to use any logic. Shocked Very Happy
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polonius



Joined: 05 Jun 2004

PostPosted: Thu Jan 29, 2009 1:48 am    Post subject: Reply with quote

I believe that different immigration offices will have different policies. I have worked with this same immigration office, and hired a teacher. He had submitted a Criminal check last year. He didn't complete his contract, nor did he complete 9 months of the contract. We could not transfer his visa. We sent him on a run to Japan. We received his visa issuance number without having to submit a second criminal check.
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moosehead



Joined: 05 May 2007

PostPosted: Thu Jan 29, 2009 7:08 am    Post subject: Reply with quote

roknroll wrote:
Quote:
I think it's kinda stinky about my current school having the right to give their approval for me to start a new contract and transfer my visa - this was supposed to make things easier - but this gives a lot of power to a former employer.


Kinda? Totally! Sad I hope she was mistaken about this. The only time one should need a release letter, is if you're actually being released. If the contract is set to expire, say March 1 and your doing the paperwork beforehand so you can begin a new contract with a new employer for Mar 2, what is the purpose of the 'release' letter? Of course, if the last working day changed from the one stated in the contract to an earlier point, then yes a release letter would logically follow.

And therein lies the problem, don't bother trying to use any logic. Shocked Very Happy



I questioned this necessity for an LOR if I finished my contract and immi said it was because my first school was the one who sponsored me in the first place and they had the right to say if I was going to stay on that visa or not -

which is a crock, totally - if one finishes one's contract and if a visa is transferred - that removes them totally from the picture - and if one can go ahead and get another visa anyway - what is the point of all this??

I think something's been lost in the translation somewhere, honestly. Immi doesn't know it's head from a hole in the ground Rolling Eyes Rolling Eyes
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Thu Jan 29, 2009 8:47 am    Post subject: Reply with quote

In August, immigration said a one week gap between my contracts was ok.

Good to see there are no set standards. Wait a day and talk to a different officer, you'll probably get a different story.
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miiooan



Joined: 07 Dec 2007
Location: Osan Station, GyeongGi

PostPosted: Thu Jan 29, 2009 8:59 am    Post subject: Reply with quote

I'm about to change companies on an E-2 as well.
Just wanted to say thanks for writing this up.

-- M
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Thu Jan 29, 2009 4:16 pm    Post subject: Reply with quote

moosehead wrote:
[
I questioned this necessity for an LOR if I finished my contract and immi said it was because my first school was the one who sponsored me in the first place and they had the right to say if I was going to stay on that visa or not -

which is a crock, totally - if one finishes one's contract and if a visa is transferred - that removes them totally from the picture - and if one can go ahead and get another visa anyway - what is the point of all this??

I think something's been lost in the translation somewhere, honestly. Immi doesn't know it's head from a hole in the ground Rolling Eyes Rolling Eyes



There is nothing confusing about this. The visa is the school's not yours. In order to transfer the visa (which is the SCHOOL's "property") you need their permission. If they don't want to give it, then you must go for a new visa (which then becomes the new school's "property".
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moosehead



Joined: 05 May 2007

PostPosted: Fri Jan 30, 2009 5:50 am    Post subject: Reply with quote

TheUrbanMyth wrote:
moosehead wrote:
[
I questioned this necessity for an LOR if I finished my contract and immi said it was because my first school was the one who sponsored me in the first place and they had the right to say if I was going to stay on that visa or not -

which is a crock, totally - if one finishes one's contract and if a visa is transferred - that removes them totally from the picture - and if one can go ahead and get another visa anyway - what is the point of all this??

I think something's been lost in the translation somewhere, honestly. Immi doesn't know it's head from a hole in the ground Rolling Eyes Rolling Eyes



There is nothing confusing about this. The visa is the school's not yours. In order to transfer the visa (which is the SCHOOL's "property") you need their permission. If they don't want to give it, then you must go for a new visa (which then becomes the new school's "property".


as usual, you manage to twist people's words around to suit your own agenda - why do you even bother posting? why not make some kind of contribution once in a while instead of ragging on others' posts?

and who mentioned anything about confusion? and no, the visa does not belong to the school - they are merely the sponsor. The visa DOES belong to me, it's in MY passport, and I'm the one that exercises the use of it. There is a cooperative relationship between the visa sponsor and the visa holder.

Furthermore, once I've fulfilled my contract with someone, then my obligations are - or should be - finished with them. I can't imagine anywhere else where an employer would continue to have such power over a former employee than here in K - except maybe China.
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