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12ax7
Joined: 07 Nov 2009
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 Posted: Mon Jul 02, 2012 4:16 am Post subject: |
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| If I were you, I'd wait to know for sure and then call Immigration to ask what my options are. I'd inquire about the D-10 visa (would I be eligible, what's the application process...), which allows people to stay while they search for another job. |
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JustinC
Joined: 10 Mar 2012
Location: We Are The World!
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| Posted: Mon Jul 02, 2012 4:22 am Post subject: |
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I think the OP was probably referring to factual information.[/quote]
I think you're correct. I also think I need a rag to clean my computer screen now. |
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korea.teacher
Joined: 04 Feb 2009
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| Posted: Tue Jul 03, 2012 7:14 pm Post subject: Re: Fired from school |
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| orbit720 wrote: |
This isn't for sure yet but I'm pretty sure I'm going to be fired from my school. To be honest, I really don't care that much because of all the bullshit that I had to put up with there.
I'm curious what I do once it happens? What happens to my E-2 visa and everything else? Do I need a release letter to go to a different school?
Any information would be helpful. Thanks. |
Can you apply for a D10 visa, stay in country after you're terminated and transfer your documents to a new job without a letter of release? Might be worth a call to Immigration (02) 1345. |
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orbit720
Joined: 18 Aug 2009
Location: Chicago
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| Posted: Wed Jul 18, 2012 6:43 pm Post subject: |
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So, I was fired like I expected but everything has gone smoothly so far. They are paying for an extra month and leaving me on my visa until the 18th of Aug. which will be helpful since I think I found a sweet summer camp to do.
Today, which is my second to last day at the school, they gave me a letter of resignation to fill out. Now they are probably doing this instead of saying I was fired because of the air flight in my contract which I'm going to talk to them about.
What I really want to know is will me filling out the resignation letter mess with me getting another job and/or a D10 visa? Also, are there any other things that might be bad with resignation over being fired?
Thanks for any help. |
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Smithington
Joined: 14 Dec 2011
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| Posted: Wed Jul 18, 2012 6:56 pm Post subject: |
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Transfer your E-2 visa to a D-10 visa while you are looking for work. It gives you six months to find a new job. When you do find a new job you DO NOT need to provide new documents. Immigration has them on file. Your new school will give you documents which you take to immigration and yopu'll be simply transferred to your new job. Again, new paperwork from you is not needed. (Yes, kimmigration has finally done something sensible. I know, it'll take a few minutes to register because their rules are usually aimed at making things as difficult for us as possible.)
It costs $50 to apply for it then another $50 to get your new E2 visa.
Any further questions, do a search on this site. There's plenty of threads on the D10.
Good luck. |
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Smithington
Joined: 14 Dec 2011
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| Posted: Wed Jul 18, 2012 6:59 pm Post subject: |
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| If you are fired you do not need a letter of release. But if you 'resign' you need that release letter or you cannot work at another job until your current 12 months visa expires. Do NOT sign any resignation letter before he gives you the release letter. If he refusers the release letter insist that he fires you. That way he has terminated the contract early, not you, and you can move freely to a new job. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Thu Jul 19, 2012 2:06 am Post subject: |
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| Smithington wrote: |
| If you are fired you do not need a letter of release. But if you 'resign' you need that release letter or you cannot work at another job until your current 12 months visa expires. Do NOT sign any resignation letter before he gives you the release letter. If he refusers the release letter insist that he fires you. That way he has terminated the contract early, not you, and you can move freely to a new job. |
Bingo! That's exactly what the school is hoping for. There is absolutely no benefit for you to resign. As long as you've been there for 6 months already, they have to give you 30 days notice or pay in lieu of that time. If
About that extra month's pay, did you get that in writing? If not, then you might never see it and have no way to fight for it.
There's no benefit to them leaving you visa active after you're gone. If you signed a resignation letter then THAT is your final day and if you don't leave or report to immigration (for an extra 14 days) after that date then you've overstayed your visa. Anyway, if they fire you or you get a LOR then you can transfer your visa to a D10 which is a better situation for you. |
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LindaYee
Joined: 15 Dec 2011
Location: Jinhae-gu, Changwon-si, Gyeongsangnam-do
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| Posted: Thu Jul 19, 2012 5:33 pm Post subject: |
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From personal experience, two months ago. After being fired I went to Immi to apply for a D10 visa. They asked for my Letter of Release or letter stating that I had been fired. I had a paper copy of the email firing me, but that wasn't enough. They checked the computer to see if my employer had cancelled my visa and she hadn't, hence they wouldn't commence my D10 application.
I returned a few days later with a letter from my school terminating my employment, which was unstamped and unsigned. She also still hadn't cancelled my visa either. Even though they spoke to her, they would not commence the application until she had cancelled my visa. She took the legal 14 days to do this. After the 14 days, they started processing my D10 visa.
Hope this helps. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Fri Jul 20, 2012 1:37 am Post subject: |
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| LindaYee wrote: |
From personal experience, two months ago. After being fired I went to Immi to apply for a D10 visa. They asked for my Letter of Release or letter stating that I had been fired. I had a paper copy of the email firing me, but that wasn't enough. They checked the computer to see if my employer had cancelled my visa and she hadn't, hence they wouldn't commence my D10 application.
I returned a few days later with a letter from my school terminating my employment, which was unstamped and unsigned. She also still hadn't cancelled my visa either. Even though they spoke to her, they would not commence the application until she had cancelled my visa. She took the legal 14 days to do this. After the 14 days, they started processing my D10 visa.
Hope this helps. |
If it took them 14 days to make the effort of going to immigration to cancel your visa, then you should go to the labor board and claim unpaid salary for those 2 weeks. 
I'm very interested in how it works when someone is fired.
If I understand this correctly, having a letter signed and stamped from employer to say that you've been fired is sufficient to transfer your visa to another school or to a D10?
Is there any difference at all to transferring with a letter of release and transferring with a letter of termination? Or are they both considered the same thing because in both cases the employer has decided to release you from the contract.
Does it matter if their reason for firing you was justified or not?
Is an employer obligated to give you written notice (signed and stamped) to say that you've been fired? If they don't give you something like this and you keep going to work every day and sitting there then what would happen? I know that if you've been unjustly fired, you can go to the labor board and they'll call the employer to confirm that you've been fired. The labor board accepts confirmation over the phone that you have indeed been fired. |
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