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School cancelled my contract AFTER I got my visa

 
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PureLuck



Joined: 06 Jun 2014
Location: Seoul

PostPosted: Fri Aug 29, 2014 6:22 pm    Post subject: School cancelled my contract AFTER I got my visa Reply with quote

Hi, something weird and unsettling just happened to me, and I was wondering what you guys thought. I was supposed to leave next week to start a job teaching but my recruiter contacted me tonight saying that the school had cancelled the contract and no longer needed me. However I already got my visa issued from the embassy and it's in my passport ready to go.

Now that I have my visa, can I just use it for any English teaching job over there? Will it be a problem? Can I start looking for other jobs and use my "already got a visa" thing as kind of a selling point?
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CentralCali



Joined: 17 May 2007

PostPosted: Fri Aug 29, 2014 6:38 pm    Post subject: Reply with quote

Your E-2 visa is tied to your employer. Basically, the school owns the visa and you cannot transfer it without their say-so. If you were to enter Korea on that visa and commence work at another school, you would be violating Korea's immigration law. And when it comes time to register at the local Immigration office, you'd be all kinds of shafted.

Contact the school that's rescinded its offer of employment and ask them to issue you a release letter.

ttompatz can give you more detailed advice. But the important thing is you don't go to Korea without visa sponsorship from a school that is actually going to have you work at that school.
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PureLuck



Joined: 06 Jun 2014
Location: Seoul

PostPosted: Fri Aug 29, 2014 6:51 pm    Post subject: Reply with quote

CentralCali wrote:
Your E-2 visa is tied to your employer. Basically, the school owns the visa and you cannot transfer it without their say-so. If you were to enter Korea on that visa and commence work at another school, you would be violating Korea's immigration law. And when it comes time to register at the local Immigration office, you'd be all kinds of shafted.


Damn. Okay, that's what I thought.

My recruiter seems to think it won't be an issue transferring my visa once I'm over there, and I doubt the school would be uncooperative since they were the ones unilaterally cancelling my employment contract with them. I also already got an offer from another school, so we'll see how that goes. This whole issue just drove home how, well, unprofessional hogwans are in terms of respecting employment contracts.
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trueblue



Joined: 15 Jun 2014
Location: In between the lines

PostPosted: Fri Aug 29, 2014 8:36 pm    Post subject: Reply with quote

OP...interesting (yet unfortunate) situation.


However, once you have your E-2 visa, I believe you have 90 days to obtain your Alien Registration Card. If that is not taken care of within the required time frame, your visa is cancelled.

I would consider using another recruiter, though. If you have the funds to get yourself here, that would be great. You can go to immigration, tell them what happened and you will likely receive a D-10 visa...which means, you can look around for your choice of job and the D-10 can be transferred to an E-2.

Though...if the employer simply cancels the visa, you will have to stat over with the documents.

If you go that route, keep all email correspondence (trust me, it comes in handy). Immigration would call the school to see what their explanation is. IF they tell the truth...no problem. IF they lie, well...you have proof of the situation.

In fact, this entire situation seems sketchy. I wonder if the recruiter paid back the fee he/she charged the school?

CentralCali is right...ttompatz will have some high speed guidance on this matter.
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PureLuck



Joined: 06 Jun 2014
Location: Seoul

PostPosted: Fri Aug 29, 2014 8:50 pm    Post subject: Reply with quote

trueblue wrote:
In fact, this entire situation seems sketchy.


It's definitely sketchy. After I signed the contract I was thinking of asking them to send me a copy of the contract signed by them as well. I probably should have done that, though I'm not sure what good it would have done me.

My recruiter has been very nice and helpful about it though. She got me an interview the same day for a place that needed someone on short notice and they gave me an offer of employment after a Skype interview. Based on the contract it actually seems like a better job, too.

I'm just wondering exactly what my rights are at this point with my visa and how much of a setback this is if I find myself back on the job hunt. I definitely don't want to sink another couple hundred dollars into the E2 application process.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Aug 30, 2014 1:59 am    Post subject: Re: School cancelled my contract AFTER I got my visa Reply with quote

PureLuck wrote:
Hi, something weird and unsettling just happened to me, and I was wondering what you guys thought. I was supposed to leave next week to start a job teaching but my recruiter contacted me tonight saying that the school had cancelled the contract and no longer needed me. However I already got my visa issued from the embassy and it's in my passport ready to go.

Now that I have my visa, can I just use it for any English teaching job over there? Will it be a problem? Can I start looking for other jobs and use my "already got a visa" thing as kind of a selling point?


Options will depend on your country of passport and type of E2 you have in your passport.

As said above, the visa is tied to the employer. If they changed their mind (you no longer have a job) and you enter on it you may find yourself abroad with NO options, out of pocket for the plane ticket and no ability to change employers. - so don't just "fly to Korea".

You CANNOT get a new visa with a current, unexpired visa in your passport.

IF you are NOT American then the visa will expire 90 days after the date of issue. At that point you can begin again on a new visa application with a new employer.

IF you ARE American AND you have a 1-year, multi-entry visa then, unless your now "ex" employer is willing to send you a LOR (basically a letter of permission to change employers) you will NOT be able to work in Korea for the next year. China, Taiwan or Vietnam are your next options (that have similar remuneration options).

.
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PureLuck



Joined: 06 Jun 2014
Location: Seoul

PostPosted: Sat Aug 30, 2014 2:36 am    Post subject: Re: School cancelled my contract AFTER I got my visa Reply with quote

ttompatz - Thank you for your reply. I think you must not have read my subsequent posts after my original posts. Currently I'm planning on just transferring the visa to a new employer. I've been trying to research this with Google and the information I'm getting is that it's possible to transfer your visa as long as you have a letter of release from the former employer and your ARC.

In my case since my contract never began, it's a little weird, but I don't see it being a problem to get a letter of release from them. My recruiter is also communicating with them so we'll see how that goes.

I guess all I need is a letter of release? And it will probably also mean I can't work until my transfer is approved, right?

Do you happen to know anything about this? Thanks.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Sat Aug 30, 2014 2:59 am    Post subject: Re: School cancelled my contract AFTER I got my visa Reply with quote

PureLuck wrote:
ttompatz - Thank you for your reply. I think you must not have read my subsequent posts after my original posts. Currently I'm planning on just transferring the visa to a new employer. I've been trying to research this with Google and the information I'm getting is that it's possible to transfer your visa as long as you have a letter of release from the former employer and your ARC.

In my case since my contract never began, it's a little weird, but I don't see it being a problem to get a letter of release from them. My recruiter is also communicating with them so we'll see how that goes.

I guess all I need is a letter of release? And it will probably also mean I can't work until my transfer is approved, right?

Do you happen to know anything about this? Thanks.


Tom is spot on with his info. I have looked into this myself.

Tom is saying you should wait the 90 days for the visa to expire if you are not American. Cause once you come you are likely stuck with the visa for a year.

As you say you are going to try and get the LOR. Recommendation is try both. Do not come Korea yet. Try to get that LOR from school or via recruiter. If you get the letter come to Korea and transfer. If you are not getting the letter then wait the 90 days for the visa to expire. If you do wait the 90 days you will have to get the paperwork again.

On a side note, my suspicions are a little raised about the recruiter and school. You may have been give the bait and switch. Is the second offer from the same recruiter? Is the job a little bit worse then the first job or different from what you wanted? Not saying you are being scammed just be a little careful.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sat Aug 30, 2014 3:13 am    Post subject: Reply with quote

Normally immigration won't let you transfer your visa so soon unless the employer has fired you for economic reasons. For that to be a valid reason, the school need to have declared and received approval 30 days before firing you (which is unlikely the case). Still, they might take pity on you and do it. As well, if you're in Korea then you can always go to the LB and claim that you were fired without just cause and ask for approval to transfer your visa. The original school will NOT like that because it will get them a permanent record at the LB but they've already shafted you so don't worry too much about making problems for them if it comes down to that.

Personally, I would not get a visa until the flight to Korea had been booked and paid for by the school. You've seen what can go wrong. Keep it in mind for the future.

If you take the offer of this second school then make sure that they give you a RETURN ticket in advance. If they can't resolve your visa situation and decide to just drop you then at least you'll have a flight home. Otherwise you'll be left to pay for that since most places would simply cut you loose and let you fend for yourself. You would have no recourse to get any pay owed either. Tell the recruiter that you want a return ticket with open return date. If he says some BS like "This school is very honest. You can trust them." Then remind him that you trusted the last school and that didn't work out too well.
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PureLuck



Joined: 06 Jun 2014
Location: Seoul

PostPosted: Sat Aug 30, 2014 3:51 am    Post subject: Re: School cancelled my contract AFTER I got my visa Reply with quote

Skippy wrote:
On a side note, my suspicions are a little raised about the recruiter and school. You may have been give the bait and switch. Is the second offer from the same recruiter? Is the job a little bit worse then the first job or different from what you wanted? Not saying you are being scammed just be a little careful.


Same recruiter. The job's actually a little bit better than the other one, the terms of the contract are nicer and the director seems more competent based on my interview. I don't see what they'd have to gain from "scamming" me, it seems like it was just a bizarre turn of events and maybe an inexperienced recruiter making mistakes and trying to smooth them over. That's why I'm not just taking her at her word anymore when she says that it'll be fine. I'm trying to learn for myself how this works so I can make an informed decision on the matter.

Troglodyte - thank you for the advice about the return ticket. I'm going to insist on getting that since I don't think it's unreasonable given the circumstances. I also am going to make sure that my new employer understands that I'm transferring my visa since it might cause a delay regarding when I can legally start working.

Live and learn, I guess.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sat Aug 30, 2014 4:48 am    Post subject: Re: School cancelled my contract AFTER I got my visa Reply with quote

PureLuck wrote:
Skippy wrote:
On a side note, my suspicions are a little raised about the recruiter and school. You may have been give the bait and switch. Is the second offer from the same recruiter? Is the job a little bit worse then the first job or different from what you wanted? Not saying you are being scammed just be a little careful.


Same recruiter. The job's actually a little bit better than the other one, the terms of the contract are nicer and the director seems more competent based on my interview. I don't see what they'd have to gain from "scamming" me, it seems like it was just a bizarre turn of events and maybe an inexperienced recruiter making mistakes and trying to smooth them over. That's why I'm not just taking her at her word anymore when she says that it'll be fine. I'm trying to learn for myself how this works so I can make an informed decision on the matter.

Troglodyte - thank you for the advice about the return ticket. I'm going to insist on getting that since I don't think it's unreasonable given the circumstances. I also am going to make sure that my new employer understands that I'm transferring my visa since it might cause a delay regarding when I can legally start working.

Live and learn, I guess.


Here's some additional advice. If you don't already have a spare set of documents (you SHOULD have a spare set) then get one. In fact, make sure that you always have the set you intend to use plus a spare in case you need it later. If your new boss gives you a ticket to Korea (one way even) then you can enter the country and then cancel your visa. You can cancel a visa IF you're in Korea but not while abroad. After that, your new boss can send you to Japan for a visa run. For the first visa run, you don't have to stay in Japan long. Some people turn around and exit as soon as they enter (although there's really no sense in wasting a visit to Japan without having a look around). You can even go by ferry. There are some VERY cheap ferries if you want to go that route, particularly if you're in Busan. I haven't checked in a few years but there used to be some for 50,000. Your boss can look into it though. (If you're not in Busan then the train ride to Busan kind of cancels out the value of doing a ferry visa run.) In this case, you shouldn't have to pay for either the ticket to Korea or the visa runs to Japan. If your new boss submits the paperwork right away then it should take 1 to 2 weeks to get a new VIN. In Japan it takes 2 or 3 days (i.e., next day or day-after-next service) depending on which city you do it in. If your boss looks around then he might find some package deals to Fukuoka (flights + 1 night in a hotel) for 350,000 Won (or possibly a bit less if he's lucky).

You are not allowed to work until you have the visa, but if your boss has submitted the paperwork as soon as you cancel your original visa then you might have the visa in hand before the next pay-day. If you're going to do that, then make sure that the boss submits the paperwork immediately. Go with him or ask to see the receipt. Don't let him procrastinate.

Transferring your visa is obviously the easiest plan but in case it doesn't work out, a visa run is still an option.
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