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mike in brasil
Joined: 09 Jun 2003
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 Posted: Fri Apr 06, 2012 7:40 am Post subject: transfer of e2-how soon b4 end of contrct can I go to Kimmi? |
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I want to go from one job to another. The old employer will give me the LOR, it's not the question.
I would like to know how far in advance I can go to Kimmi with my docs to get the process started while my contract with the old employer is still in effect.
Is it just one week before or can I go two or three weeks before my current contract/ARC expires?
I would have called 1345 but this came down after they closed today.
Tommyplatz, bless me brother~ |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Fri Apr 06, 2012 8:05 am Post subject: |
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| I did it about 1.5 months before the start of the new contract period. |
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mike in brasil
Joined: 09 Jun 2003
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| Posted: Fri Apr 06, 2012 8:11 am Post subject: |
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thats a lot sooner than I thought possible.
the problem I have is my current employer only wants to give me the LOR on my last day of work. I know that legally they could give it to me sooner without the threat of me leaving the old company prematurely.
I'd just like to know the law so i can tell the current employer so that they stop freakin out and so i can also calm down the next employer and convince them that everything is kosher. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Fri Apr 06, 2012 8:59 am Post subject: |
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| mike in brasil wrote: |
thats a lot sooner than I thought possible.
the problem I have is my current employer only wants to give me the LOR on my last day of work. I know that legally they could give it to me sooner without the threat of me leaving the old company prematurely.
I'd just like to know the law so i can tell the current employer so that they stop freakin out and so i can also calm down the next employer and convince them that everything is kosher. |
There is a major misunderstanding here on your current school's part. I'll give you more details on my situation. The release letter tells immigration when your last working day is. It's not a get out of jail free card.
If they put your last day working for them in the release letter, that means you are released then. That's your parole. Until then, you still have to work for them.
You'll have to search for a template letter. Maybe another person on here has one.
In my case, I got my release letter 1.5 months ahead and I applied. Then, things fell through with the second school a month later. I only had 2 weeks, and I had to find a third school. This meant I had to get another release letter. So, I went through this ordeal two times. Both times, it had to show the last day of employment.
If your employer is not convinced with this and even after seeing a template letter, ask them how immigration is going to ok it. They want your contract to end and the second one to begin shortly after. Therefore, they NEED to know when the first contract ends.
Last edited by YTMND on Fri Apr 06, 2012 9:03 am; edited 1 time in total |
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mike in brasil
Joined: 09 Jun 2003
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| Posted: Fri Apr 06, 2012 9:03 am Post subject: |
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| I appreciate the info, thanks! |
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Weigookin74
Joined: 26 Oct 2009
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| Posted: Mon Apr 09, 2012 8:28 pm Post subject: |
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| mike in brasil wrote: |
| I appreciate the info, thanks! |
If your contract expires, you don't need a release letter. You only need one if you are quitting in the middle of a contract. You can switch to a D10 if need be and then switch back to an E2 once you get a job. |
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Weigookin74
Joined: 26 Oct 2009
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| Posted: Mon Apr 09, 2012 8:30 pm Post subject: |
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| YTMND wrote: |
| mike in brasil wrote: |
thats a lot sooner than I thought possible.
the problem I have is my current employer only wants to give me the LOR on my last day of work. I know that legally they could give it to me sooner without the threat of me leaving the old company prematurely.
I'd just like to know the law so i can tell the current employer so that they stop freakin out and so i can also calm down the next employer and convince them that everything is kosher. |
There is a major misunderstanding here on your current school's part. I'll give you more details on my situation. The release letter tells immigration when your last working day is. It's not a get out of jail free card.
If they put your last day working for them in the release letter, that means you are released then. That's your parole. Until then, you still have to work for them.
You'll have to search for a template letter. Maybe another person on here has one.
In my case, I got my release letter 1.5 months ahead and I applied. Then, things fell through with the second school a month later. I only had 2 weeks, and I had to find a third school. This meant I had to get another release letter. So, I went through this ordeal two times. Both times, it had to show the last day of employment.
If your employer is not convinced with this and even after seeing a template letter, ask them how immigration is going to ok it. They want your contract to end and the second one to begin shortly after. Therefore, they NEED to know when the first contract ends. |
Can't you just apply for your D10 with a copy of your contract with dates of employment? |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Mon Apr 09, 2012 8:40 pm Post subject: |
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| Can't you just apply for your D10 with a copy of your contract with dates of employment? |
I have never tried, so I can't say for certain. I feel we are at the mercy of the immigration officer. If they are really nice they will do it what you are saying even though you aren't finished with the contract now. If you gamble and wait for your contract to almost end, then the officer might issue the D10. Again, I don't know how easy this is. It seems like the D10 is a universal lifesaver and I wonder what limits there are.
You could try going to immigration, asking an officer. Bring that stuff in and let us know how successful you are. At worst they will say no. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Apr 09, 2012 11:06 pm Post subject: Re: transfer of e2-how soon b4 end of contrct can I go to Ki |
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| mike in brasil wrote: |
I want to go from one job to another. The old employer will give me the LOR, it's not the question.
I would like to know how far in advance I can go to Kimmi with my docs to get the process started while my contract with the old employer is still in effect.
Is it just one week before or can I go two or three weeks before my current contract/ARC expires?
I would have called 1345 but this came down after they closed today.
Tommyplatz, bless me brother~ |
Typically, they will do the transfer 7 days prior to the end of your contract or the effective date of the LOR provided you still have time remaining on your ARC.
I have NO experience or knowledge of having a transfer (change of sponsorship) completed with more than 7 (calendar) days of employment remaining.
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Mountain Mama
Joined: 20 Feb 2010
Location: South Korea
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| Posted: Wed Apr 11, 2012 1:57 am Post subject: |
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| mike in brasil wrote: |
the problem I have is my current employer only wants to give me the LOR on my last day of work. I know that legally they could give it to me sooner without the threat of me leaving the old company prematurely.
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You don't need a LOR. The contract itself is just as good. It shows when you are released from the contract--> the contract end date.
Don't bother asking the boss for a LOR. In fact don't have him involved at all in your job search. If he's a *beep* he can make problems for you at your next job. (Some bosses want their teachers to leave the country after they finish up.) Just start contacting recruiters or schools and tell them your end date. You can submit the paperwork a week or 2 before your contract ends. Immi will tell you right there when you submit the papers whether they accept them or not. If they accept the application, you're ok. You can start working as soon as the new contract states. There's no waiting period.
Recruiters love this even more than a LOR. Finishing the contract means (for them) that you'll finish the next one as well (and they're guaranteed their commission). |
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