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drcrazy
Joined: 19 Feb 2003 Location: Pusan. Yes, that's right. Pusan NOT Busan. I ain't never been to no place called Busan
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Posted: Sat Dec 14, 2013 2:38 am Post subject: My first ttompatz question |
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Of course I would welcome information from anyone who might know the answer, and especially if some have had this experience and it turned out good.
This is about an old friend of mine who came here 3 years ago to teach. (And in all of that time never took the time to become a member . So, I am asking for him.
He is now into his third year at his same university. Has an E-1 Visa. He was just offered a great position at another university in Korea that only gives E-1. So I figured a visa transfer to the new school would not be a problem and told him that.
Here is his biggest concern. His contract, as I think all year to year university contracts are, is for one year so it expires the last day of February.
The new university wants him to start there January 15.
His current university loves him and he imagines they would do the LOR for him. His responsibilities will all be over after he finished the final grades.
Now we have the background here are the questions.
1. With that much time left, would he have to do a letter of resignation to get the LOR?
2. If he does resign, will this cancel his Visa and he would have to get a new one?
3. Would this cause any immigration problems?
Thank you all who might have and give information about this situation. |
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YTMND
Joined: 16 Jan 2012 Location: You're the man now dog!!
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Posted: Sat Dec 14, 2013 2:54 am Post subject: |
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Depends on how the school is willing to help. He should talk with the school and simply tell them he wants to work at a new school, with no negative reasons with the current school. |
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Troglodyte

Joined: 06 Dec 2009
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Posted: Sat Dec 14, 2013 6:11 am Post subject: |
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He should NOT resign. That would cancel his visa and then he would need new documents to get a new visa.
If the university gives him a LOR, then there will be no problem with immigration. He simply submits a few documents and forms and a processing fee and his visa will be transferred to the new university.
When you get a LOR, the school basically allows you to finish the contract early. It does not require your friend to officially resign (although in essence that IS what he's doing). |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Sat Dec 14, 2013 4:48 pm Post subject: |
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1) Would he need a LOR to leave 1 month early in spite of the fact that he is on vacation during that period = probably not but a LOR is not a bad idea.
2) Resigning WON'T cancel his visa. It will allow him 30 days to leave Korea or transfer to a new visa sponsor. Transferring may require a LOR.
3) There may be some fussing until the end of Feb but then he would be free to transfer to a new sponsor or change to an E1 anyway.
4) Go on vacation at the end of term and transfer at his convenience during his vacation period. Immigration is unlikely to fuss much about a proper E1 changing from one uni to another after the end of term since there is no impact on the employer or students.
5) Do be aware that his first university WON'T be responsible to pay him for the month of Feb since he will technically no longer be employed with them.
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Troglodyte

Joined: 06 Dec 2009
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Posted: Sun Dec 15, 2013 8:41 am Post subject: |
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ttompatz wrote: |
1) Would he need a LOR to leave 1 month early in spite of the fact that he is on vacation during that period = probably not but a LOR is not a bad idea.
2) Resigning WON'T cancel his visa. It will allow him 30 days to leave Korea or transfer to a new visa sponsor. Transferring may require a LOR.
3) There may be some fussing until the end of Feb but then he would be free to transfer to a new sponsor or change to an E1 anyway.
4) Go on vacation at the end of term and transfer at his convenience during his vacation period. Immigration is unlikely to fuss much about a proper E1 changing from one uni to another after the end of term since there is no impact on the employer or students.
5) Do be aware that his first university WON'T be responsible to pay him for the month of Feb since he will technically no longer be employed with them.
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2. I was told by an immigration officer that resigning will cancel your E2 visa and that the extra 30 days is just to get ready to leave and that you can't transfer your visa during that period. If you have a letter of release (and haven't officially resigned) then you can use the 30 days to job hunt AND transfer the visa. |
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YTMND
Joined: 16 Jan 2012 Location: You're the man now dog!!
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Posted: Sun Dec 15, 2013 4:13 pm Post subject: |
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2. I was told by an immigration officer that resigning will cancel your E2 visa and that the extra 30 days is just to get ready to leave and that you can't transfer your visa during that period. |
Technically, yes. Immigration is stating this as a precaution, a warning. However, in a practical sense a current employer is not going to report you finished working until you have secured another job.
It's more likely that the school is going to work with you than not when giving a LOR. Otherwise, they won't give the LOR and that is the stronger warning that transferring will be near impossible.
It's best to keep a smile and good relationship until you move into your new apartment and have the transfer with the new school. |
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