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Arles Barkley
Joined: 06 Apr 2009
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Posted: Thu Apr 09, 2009 12:52 am Post subject: Thinking about leaving - a few questions please! |
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Ok, so here's my situation:
I am currently at a public middle school in a small town. The job is fine and I like Korea, just not this town. It's too small and am not having a good time because of this. I want to transfer to a new position in Seoul. I want to make a clean break, not pull a runner but pay back my school the airfare, settlement allowance etc.
Somebody said "To simply transfer to a new position, find a new position first and resign from your current job. In this case you need to get some kind of "transfer confirmation letter" from your employer if you have been working at least 9 months. If you are less than 9 months, find a new job first and simply resign from your job. Then your new employer will then send you to Japan to get your new e2 visa."
Is this true?
So let's say the school cancels my visa, I then have to reapply for a new one with my new employer, correct? Does this include re-submitting a CBC, degree, transcripts, etc? I have my degree and extra transcripts over here but my school has my CBC. Is there an easy way to get a fast CBC while over here in Korea, or, do I have to go through the whole process of apostille back in the states?
Also, do I need to give my current school a 30 day notice or can I just up and leave? I basically made a mistake in coming to a small town and wan to get out ASAP before I go crazy.
Any help is much appreciated. |
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Surfer Rosa
Joined: 24 Mar 2009
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Posted: Thu Apr 09, 2009 5:42 am Post subject: |
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Might be as easy as just getting a LOR (letter of release).
I'm not sure though, can you get a new job with just a LOR without having to resubmit everything for a brand new visa? |
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climber159

Joined: 02 Sep 2007
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Posted: Thu Apr 09, 2009 5:59 am Post subject: |
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There are a couple of ways that this could end up going for you.
1. You and your current employer work out a peaceful termination of your employment. That will mean that you get the letter of release from your employer and your school gets money from you (airfare to Korea, settlement allowance, maybe housing deposit). Then, with the contract from your new school, their government registration certificate, your letter of release, ARC, Passport, and 60,000KRW go to the immigration office that has jurisdiction over the area you are moving to and get a visa transfer.
2. Your current employer refuses to issue a letter of release. You need to leave Korea and cancel your visa on the way out. Start over from scratch of get a new E-2 visa with your new employer.
Hope for the letter of release. Good luck. |
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Arles Barkley
Joined: 06 Apr 2009
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Posted: Thu Apr 09, 2009 6:09 am Post subject: |
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First, thanks for the replies.
I've been reading about LORs and it seems pretty subjective based on how and why the contract was terminated. Shouldn't employers be REQUIRED to issue one if an employee wants one? Seems dumb that it they even have a choice in the matter on whether they 'feel' like issuing one.
Also, do you think since it's a public school gig I'd be more likely to get one over some of these hagwon owners who are bitter about losing employees? |
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climber159

Joined: 02 Sep 2007
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Posted: Thu Apr 09, 2009 6:15 am Post subject: |
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Haven't been in Korea long?
Of course they have a choice. They own your visa, so it is completely up to them whether they want to release you.
My suggestion to you is to approach your school carefully, kindly, and according to what the contract states regarding termination by the employee. You will be out a substantial sum of money (probably about 1million KRW) but you'll also probably get your letter of release.
A public school is more likely to issue a letter of release, but that definitely isn't a certainty. There are plenty of scummy public school principles and coteachers. |
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Arles Barkley
Joined: 06 Apr 2009
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Posted: Thu Apr 09, 2009 6:23 am Post subject: |
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I think it will be on good terms if I put in my notice and repay the flight/settlement costs.
The LOR though, is it just a document that will let me transfer my visa to another employer or is pretty standard for everybody who leaves a contract before completion?
It seems like if I said I had some reason to return home rather than change school they'd be more likely to give it to me.  |
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climber159

Joined: 02 Sep 2007
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Posted: Thu Apr 09, 2009 6:30 am Post subject: |
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I think you'll be OK. Give them the proper amount of notice as stipulated in your contract. Pay back the money stipulated in the contract. And, YES, you're absolutely right. Make up some excuse for your leaving that makes it look like something you MUST do rather than something you WANT to do. The more they feel sorry for you the better. |
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greedy_bones

Joined: 01 Jul 2007 Location: not quite sure anymore
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Posted: Thu Apr 09, 2009 6:30 am Post subject: |
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A few tips for you:
If you have been working for less than 9 months, the letter of release doesn't really do anything. You need a new visa.
I'm not sure about the CRC, since I've never worked public, but in my experience with hagwons, as long as you haven't gone back home since your last CRC, your previous one should be fine.
If you need a new CRC, you don't have to bother with an appostille, you can do it through the mail, and get it stamped at your embassy(This is if you're American, I have no idea about other countries). I wouldn't bother with an FBI check. You can just do a state check which is done pretty quickly.
The one thing to keep in mind, though, is to make sure you have a future employer, time left on your visa after you stop working, and you get them to get your new visa number asap. One of the idiotic things with immigration is that they can't process your new visa until you stop working at the location where your current one is, even if you give them notice. |
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climber159

Joined: 02 Sep 2007
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Posted: Thu Apr 09, 2009 6:41 am Post subject: |
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Quote: |
If you have been working for less than 9 months, the letter of release doesn't really do anything. You need a new visa. |
This isn't exactly correct. While this is the "official" rule, immigration does bend it substantially. I just changed jobs having been at my previous employer 6 months. I had no problems at immigration.
Note that if your new employer is a public school you will generally encounter fewer hassles with immigration than you would if you're working for a hagwon. |
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Arles Barkley
Joined: 06 Apr 2009
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Posted: Fri Apr 10, 2009 1:15 am Post subject: |
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Okay, think I'm up to speed on the LOR deal.
Let's say if I don't get a LOR and I have to apply for a new visa and do a Japan run, would I need a new CRC if I haven't left Korea since my last visa? |
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climber159

Joined: 02 Sep 2007
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Posted: Fri Apr 10, 2009 1:21 am Post subject: |
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Yes. If you end up applying for a new E-2 visa you will need a new criminal background check. Though there may be a way around that...The CBCs are good for 6 months. If you can get your hands on the original then you may not need to order a new one. But, if you've got the cash, then perhaps it might be best just to go ahead and order up a new CBC since it takes a little while to get. |
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greedy_bones

Joined: 01 Jul 2007 Location: not quite sure anymore
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Posted: Fri Apr 10, 2009 5:57 am Post subject: |
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climber159 wrote: |
Yes. If you end up applying for a new E-2 visa you will need a new criminal background check. Though there may be a way around that...The CBCs are good for 6 months. If you can get your hands on the original then you may not need to order a new one. But, if you've got the cash, then perhaps it might be best just to go ahead and order up a new CBC since it takes a little while to get. |
I would call your local immigration office to make sure of this. My CBC from January 2008 was fine for my visa in December 2008 and my visa in March 2009. I only had to do it once. (Yes, I know that's a lot of visas in a short time, but my third year was a terrible year.) The policy may vary between offices and officers, so I would just talk to the immigration office where you'll be working.
It never hurts to have a spare CBC handy, though. |
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BarbieD
Joined: 12 Apr 2009 Location: Mokpo, South Korea
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Posted: Tue Apr 21, 2009 12:14 am Post subject: CBC |
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Being in a small city, I too want to leave to go to a bigger city, and my employer refused to give me a letter of release. Would by chance the local immigration office have my cbc letter?? So let me get this straight, I would go to the local imm office, cancel my own visa, then get on a ferrie or plane to japan for 2 weeks, come back and apply for a new a job? |
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BS.Dos.

Joined: 29 Mar 2007
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Posted: Tue Apr 21, 2009 12:34 am Post subject: |
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You've got to be realistic. It's highly unlikely they're going to make things easier for you just because you're not happy. The contract is king out here. They've already put a lot of work in just for you to get here. Your schools schedule is going to be completely messed up and they'll still have to go out and find a replacement. If you start talking about wanting out, don't expect them to make things easy for you.
If you've only been here a few weeks, then I'd say give it a bit longer before you start rocking your boat and disrupting things. How bad can it be? Korea's a small country. You can be in a city in pretty much an hour from anywhere. Can't you get your urban fix on the weekend? At the very least, try and see out the semester so that your school at least have some time to get a replacement during the summer recess. |
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DCJames

Joined: 27 Jul 2006
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Posted: Tue Apr 21, 2009 12:52 am Post subject: Re: Thinking about leaving - a few questions please! |
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Arles Barkley wrote: |
Ok, so here's my situation:
I am currently at a public middle school in a small town. The job is fine and I like Korea, just not this town. It's too small and am not having a good time because of this. I want to transfer to a new position in Seoul. I want to make a clean break, not pull a runner but pay back my school the airfare, settlement allowance etc.
Somebody said "To simply transfer to a new position, find a new position first and resign from your current job. In this case you need to get some kind of "transfer confirmation letter" from your employer if you have been working at least 9 months. If you are less than 9 months, find a new job first and simply resign from your job. Then your new employer will then send you to Japan to get your new e2 visa."
Is this true?
So let's say the school cancels my visa, I then have to reapply for a new one with my new employer, correct? Does this include re-submitting a CBC, degree, transcripts, etc? I have my degree and extra transcripts over here but my school has my CBC. Is there an easy way to get a fast CBC while over here in Korea, or, do I have to go through the whole process of apostille back in the states?
Also, do I need to give my current school a 30 day notice or can I just up and leave? I basically made a mistake in coming to a small town and wan to get out ASAP before I go crazy.
Any help is much appreciated. |
Leave NOW. |
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