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hacheondo
Joined: 05 Apr 2013
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 Posted: Fri Jan 24, 2014 4:31 pm Post subject: Waiting too long to get a D10 - what happens? |
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So, quit my job early, my boss told me my E2 visa is valid for one year and that I don't have to do anything. I asked a few times about D10 and he said no, that's only for if you complete a contract. Anyways, the moral of the story is don't trust your superiors, find out for yourself.
My question is, I'm going to immigration after 2.5months after I "quit".
I heard they might not give me a D10. The sticky part of the story is that I have a F4 Korean wife and two kids who are Korean citizens living here with me. (I also have the option of an F1)
I'm guessing they'll be more lenient, given my situation. Anyone else experience something like this? Thanks. |
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Chaparrastique
Joined: 01 Jan 2014
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| Posted: Fri Jan 24, 2014 9:31 pm Post subject: |
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D10 takes 3 weeks to process and must be picked up before your E2 expires.
It doesn't matter when you quit your job, its when your E2 expires or is cancelled.
Is your E2 still valid? If so you shouldn't have any problem. |
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nicwr2002
Joined: 17 Aug 2011
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| Posted: Fri Jan 24, 2014 11:07 pm Post subject: |
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| I got my D-10 the same day. You need a letter of release from your previous employer though. |
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modernseoul
Joined: 11 Sep 2011
Location: Seoul
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| Posted: Sat Jan 25, 2014 4:14 am Post subject: |
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If you have an LOR you should be ok to transfer to a D10 or another E2/E1.
If not maybe they'll be nice (unlikely) and transfer you onto an F3 (spousal visa). You won't be able to work but you can stay in the country as long as your wife does.
Failing those you might be asked to leave and you'll have to return on a tourist visa and transfer to an F3.
Arrive early Monday morning and if possible take your wife and ample paperwork with you. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Sat Jan 25, 2014 6:00 pm Post subject: Re: Waiting too long to get a D10 - what happens? |
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| hacheondo wrote: |
So, quit my job early, my boss told me my E2 visa is valid for one year and that I don't have to do anything. I asked a few times about D10 and he said no, that's only for if you complete a contract. Anyways, the moral of the story is don't trust your superiors, find out for yourself.
My question is, I'm going to immigration after 2.5months after I "quit".
I heard they might not give me a D10. The sticky part of the story is that I have a F4 Korean wife and two kids who are Korean citizens living here with me. (I also have the option of an F1)
I'm guessing they'll be more lenient, given my situation. Anyone else experience something like this? Thanks. |
Call immigration to ask them about your status. Just ask them something vague like "What is the date when it expires?" Don't tell them your current situation. They will check the computer while you're on the phone and if your visa has been cancelled, they'll tell you right then and there. If your ex-boss didn't cancel the visa (by cancelling his sponsorship of your visa) then you'll be ok. Get the documents ready for either another E2 or for a dependent visa (F3). You can only get the D10 if you finish your current contract (or if your visa hasn't been cancelled before the contract would have normally ended) or if you get a LOR from the ex-boss. If he hasn't cancelled it already, I would avoid contacting him on the off chance that he gets spooked and tells immigration the whole story.
If your visa was cancelled, then you'll most likely have to pay a fine. I don't remember how much the fine is for overstaying a visa. I haven't met anyone who had to pay it recently, but I'm sure that someone on the forum can chime in with an accurate estimate. I seem to recall 100k/day but I can't seem to recall where I heard that (or even if it's accurate).
Since you have a legit reason to be here (i.e. wife and kids) they probably aren't going to throw the book at you and have you deported. If you're lucky they might let you off with a warning (with little or no fines) and just tell you to get your visa sorted out. I've heard of plenty of people who got off with a warning. The main thing is that if you're visa is cancelled, don't wait until you get to the airport to tell immi about it. They seem to favor people who come to them in advance and (try to) explain the situation. BUT obviously if your visa is still active, just keep your mouth shut about it and get a new visa while you can. |
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hacheondo
Joined: 05 Apr 2013
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| Posted: Sat Jan 25, 2014 8:52 pm Post subject: |
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| Thanks guys. I still have an E2 but the lady on the phone kinda freaked and said I need a D10 ASAP. I still have like 8 months on my E2. Sounds like it won't be a big deal. Will find out tomorrow! |
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