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E-2 Visa transfer
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SoylaMBPolymath



Joined: 21 Jan 2011

PostPosted: Thu Feb 02, 2012 12:50 am    Post subject: Once more unto the breach Reply with quote

I have approximately two months remaining on my contract and have begun looking for a new job. For a variety of reasons, I'm not pleased with my current place of employment, but I have every intention of completing my contractual obligation. I have sent out a few resumes (for recruiters, and one directly to a hagwon chain HR "National Director") and haven't received any promising responses. Unfortunately. I am, however, somewhat confused by something the chain responded with. Their "National Director" is a Foreigner (he has a very un-Korean name, so this is an assumption on my part, and it could be incorrect) and wrote back a very cogent response to my resume and cover letter, but he insisted that the only way he could consider me for positions was if I acquired a new FBI CBC (with apostille), and new diploma copy (also with apostille). I made it very clear to him that I currently reside in Korea and retrieved all of those documents last April. My CBC was an FBI check and my diploma copy was notarized and also had an apostille attached. What's more, when I FedExed these documents to Korea they were taken to Immigration in Jeonju by my Director, never to be seen again. I have photocopies of everything, but my originals are not in my possession, nor, if she is to be believed, are they in my Director's possession. However, this person insists that I need to do these things again for a visa transfer. I was under the impression that my ARC, passport, new contract, fee, and perhaps a few other things would be all I needed. But now I am beginning to wonder. Has there been a change in the law? Am I missing something? Is this person just completely out of the loop and therefore making superfluous documentation requests?

Any insight would be greatly appreciated.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Feb 02, 2012 1:00 am    Post subject: Re: Once more unto the breach Reply with quote

SoylaMBPolymath wrote:
I have approximately two months remaining on my contract and have begun looking for a new job. For a variety of reasons, I'm not pleased with my current place of employment, but I have every intention of completing my contractual obligation. I have sent out a few resumes (for recruiters, and one directly to a hagwon chain HR "National Director") and haven't received any promising responses. Unfortunately. I am, however, somewhat confused by something the chain responded with. Their "National Director" is a Foreigner (he has a very un-Korean name, so this is an assumption on my part, and it could be incorrect) and wrote back a very cogent response to my resume and cover letter, but he insisted that the only way he could consider me for positions was if I acquired a new FBI CBC (with apostille), and new diploma copy (also with apostille). I made it very clear to him that I currently reside in Korea and retrieved all of those documents last April. My CBC was an FBI check and my diploma copy was notarized and also had an apostille attached. What's more, when I FedExed these documents to Korea they were taken to Immigration in Jeonju by my Director, never to be seen again. I have photocopies of everything, but my originals are not in my possession, nor, if she is to be believed, are they in my Director's possession. However, this person insists that I need to do these things again for a visa transfer. I was under the impression that my ARC, passport, new contract, fee, and perhaps a few other things would be all I needed. But now I am beginning to wonder. Has there been a change in the law? Am I missing something? Is this person just completely out of the loop and therefore making superfluous documentation requests?

Any insight would be greatly appreciated.


If you received an E2 then they are at IMMIGRATION. They would not have been held by your old director. (you can get immigration stamped copies if your new employer or the MOE wants them for the transfer). Immigration doesn't need them again.

Oh, he is out of the loop or it is an employer policy regardless of the immigration policy.

.
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SoylaMBPolymath



Joined: 21 Jan 2011

PostPosted: Thu Feb 02, 2012 1:14 am    Post subject: Re: Once more unto the breach Reply with quote

ttompatz wrote:
SoylaMBPolymath wrote:
I have approximately two months remaining on my contract and have begun looking for a new job. For a variety of reasons, I'm not pleased with my current place of employment, but I have every intention of completing my contractual obligation. I have sent out a few resumes (for recruiters, and one directly to a hagwon chain HR "National Director") and haven't received any promising responses. Unfortunately. I am, however, somewhat confused by something the chain responded with. Their "National Director" is a Foreigner (he has a very un-Korean name, so this is an assumption on my part, and it could be incorrect) and wrote back a very cogent response to my resume and cover letter, but he insisted that the only way he could consider me for positions was if I acquired a new FBI CBC (with apostille), and new diploma copy (also with apostille). I made it very clear to him that I currently reside in Korea and retrieved all of those documents last April. My CBC was an FBI check and my diploma copy was notarized and also had an apostille attached. What's more, when I FedExed these documents to Korea they were taken to Immigration in Jeonju by my Director, never to be seen again. I have photocopies of everything, but my originals are not in my possession, nor, if she is to be believed, are they in my Director's possession. However, this person insists that I need to do these things again for a visa transfer. I was under the impression that my ARC, passport, new contract, fee, and perhaps a few other things would be all I needed. But now I am beginning to wonder. Has there been a change in the law? Am I missing something? Is this person just completely out of the loop and therefore making superfluous documentation requests?

Any insight would be greatly appreciated.


If you received an E2 then they are at IMMIGRATION. They would not have been held by your old director. (you can get immigration stamped copies if your new employer or the MOE wants them for the transfer). Immigration doesn't need them again.

Oh, he is out of the loop or it is an employer policy regardless of the immigration policy.

.


It didn't seem like he was relaying accurate information and he seemed a little off put by my insistence that new documents should not be required by Immigration for a transfer. It may very well be an employer policy, in which case I have no interest in paying more money for paperwork I already acquired. There's something admirable to be said for thoroughness, but I'm not interested in doing more paperwork than I deem necessary. Plus, I don't have the time. I retracted my interest and have decided to continue my researches. I'm sure I'll find something.

Thank you for clarifying, ttompatz.
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BloodySundae



Joined: 12 Feb 2010

PostPosted: Fri Feb 03, 2012 6:37 pm    Post subject: Reply with quote

I just been placed in a bit of a predicament and 1345 is not open on a weekend.

I've got a job at a uni starting on the 1st of March on a E1 visa. My current hagwon job ends the day before on the 29th of February and of course I'm currentlly on an E2 visa. My current ARC card is valid until March 30th.

My new uni just told me I will get my E1 visa issuance number this Monday, then I have to leave the country on a visa run.

Is this really the case? I organised the contracts to finish as close as possible to eachother so I wouldn't have to do a visa run. Can't I just do a simple transfer at the immigration office?

Thanks for any advice anyone can give.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Feb 04, 2012 4:19 am    Post subject: Reply with quote

Change of visa class = typically NO, you cannot just transfer.

.
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BloodySundae



Joined: 12 Feb 2010

PostPosted: Sat Feb 04, 2012 5:28 pm    Post subject: Reply with quote

So a visa run it is.
Thanks for the reply ttompatz
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Von Ludwig



Joined: 01 Sep 2009
Location: Daegu

PostPosted: Mon Feb 06, 2012 4:47 am    Post subject: Reply with quote

Hi!

Would really like some advice/information regarding my plan to transfer my E2 visa. I am due to finish my contract on March the 7th with my current hakwon. I have a new job lined up, but I plan to go back to NZ for one week in between contracts. After some research I understand the following:

In order to transfer I require:
New contract with new employer
ARC
Passport
Application to immigration
Fee (roughly how much is this?)
A copy of the school's business registration
Letter of guarantee (sponsorship) from the school (please elaborate on this)
Letter of release

Am I missing anything?
I have been told by my new employer that I will require a new Criminal Background Check..not true right?
Also, is it ok to leave the country in between contracts for one week?

Thank you so much in advance =)
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Von Ludwig



Joined: 01 Sep 2009
Location: Daegu

PostPosted: Tue Feb 07, 2012 9:34 pm    Post subject: Reply with quote

bumparoo

Need some help on this please =)
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Feb 07, 2012 11:53 pm    Post subject: Reply with quote

Von Ludwig wrote:
Hi!

Would really like some advice/information regarding my plan to transfer my E2 visa. I am due to finish my contract on March the 7th with my current hakwon. I have a new job lined up, but I plan to go back to NZ for one week in between contracts. After some research I understand the following:

In order to transfer I require:
New contract with new employer
ARC
Passport
Application to immigration
Fee (roughly how much is this?)
A copy of the school's business registration
Letter of guarantee (sponsorship) from the school (please elaborate on this)
Letter of release

Am I missing anything?
I have been told by my new employer that I will require a new Criminal Background Check..not true right?
Also, is it ok to leave the country in between contracts for one week?

Thank you so much in advance =)


fees = 60k for the transfer and 30k for the extension.

If you transfer you do NOT need new documents (cbc/degree copy).
For the new MOE requirements an immigration issued copy of the ones on file are adequate.

If your employer insists (their prerogative as an employer) then just find another job.

If you don't find a new job then switch to a d10 (will delay your holiday home by a couple weeks while they process the new ARC). It is good for 6 months and you can easily transfer back to an E2 when you get a job.

.
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Von Ludwig



Joined: 01 Sep 2009
Location: Daegu

PostPosted: Wed Feb 08, 2012 4:09 am    Post subject: Reply with quote

Great, thank you for your help ttompatz!
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Ralphie



Joined: 24 Mar 2010
Location: Beijing, PRC

PostPosted: Thu Feb 16, 2012 5:31 pm    Post subject: Reply with quote

I'm wondering if there have been more changes to the E2 visa transfer?

Here's the situation: my contract ends on March 14th; my ARC expires on March 14th; my new job at another organization will begin on March 15th.

I understand the rules and requirements to set up a transfer from one employer to another, but yesterday when my future employer and I visited the Immigration office, we were told that it is too early to set up a transfer...that I would need a Letter of Release from my current employer. I said "No" to this because it would imply that I'm quitting a few weeks early before my contract ends; therefore, forfeiting my severance pay. The Immigration officer told us that we have up to two weeks after I begin my new contract to transfer my E2 visa. But that would mean I'd be overstaying my ARC expiration date and might risk being fined. I overstayed my ARC's expiration date last year, so Immi has my info on file.

It was clear from the posts in this thread that E2 transfers must be done "any time before your ARC expires and within 30 days after the end of your contract." Well, my ARC expires on the same day that my contract ends, so does this mean rules have changed or the Immi officer is mistaken?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Feb 16, 2012 8:47 pm    Post subject: Reply with quote

Ralphie wrote:
I'm wondering if there have been more changes to the E2 visa transfer?

Here's the situation: my contract ends on March 14th; my ARC expires on March 14th; my new job at another organization will begin on March 15th.

I understand the rules and requirements to set up a transfer from one employer to another, but yesterday when my future employer and I visited the Immigration office, we were told that it is too early to set up a transfer...that I would need a Letter of Release from my current employer. I said "No" to this because it would imply that I'm quitting a few weeks early before my contract ends; therefore, forfeiting my severance pay. The Immigration officer told us that we have up to two weeks after I begin my new contract to transfer my E2 visa. But that would mean I'd be overstaying my ARC expiration date and might risk being fined. I overstayed my ARC's expiration date last year, so Immi has my info on file.

It was clear from the posts in this thread that E2 transfers must be done "any time before your ARC expires and within 30 days after the end of your contract." Well, my ARC expires on the same day that my contract ends, so does this mean rules have changed or the Immi officer is mistaken?


Final 7 days of your contract.

For those whose contracts are delayed they can have a gap of up to 30 days between the end of one contract (and their transfer) and the start of another.

For those who have ARCs that go beyond the end of their contract (13 month visa) they must have it done before the expiry and no more than 30 days after the end of their employment.

In your case your options are:

LOR and transfer now (As long as you complete your year you are still entitled (under labor law) to your severance.

Transfer at the end of your contract. You can do a transfer on the 14th (should actually be able to do the paperwork for the transfer any time after March Cool and start at the new job on the 15th.

.
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Julius



Joined: 27 Jul 2006

PostPosted: Sun Feb 19, 2012 2:03 am    Post subject: Reply with quote

bluethree wrote:
as long as you do not leave the country for more than three months


What visa would you be on while you exit the country. A D10? E2? Tourist visa?

I'm planning on getting a D10, taking a 2-month break then returning to sign a new contract before 3 months are up. Is it possible?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Feb 19, 2012 2:55 am    Post subject: Reply with quote

Julius wrote:
bluethree wrote:
as long as you do not leave the country for more than three months


What visa would you be on while you exit the country. A D10? E2? Tourist visa?

I'm planning on getting a D10, taking a 2-month break then returning to sign a new contract before 3 months are up. Is it possible?


Yes.

.
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Julius



Joined: 27 Jul 2006

PostPosted: Mon Feb 20, 2012 5:20 am    Post subject: Reply with quote

ttompatz wrote:
Julius wrote:
bluethree wrote:
as long as you do not leave the country for more than three months


What visa would you be on while you exit the country. A D10? E2? Tourist visa?

I'm planning on getting a D10, taking a 2-month break then returning to sign a new contract before 3 months are up. Is it possible?


Yes.

.


Thankyou.

Just out of interest, is it illegal for an employer to withold a LOR if you have given him the agreed period of notice before quitting?
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