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My current visa status? Welp! Help!

 
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xCainAndAbelx



Joined: 26 Apr 2013
Location: Gangnam, Seoul

PostPosted: Sat Sep 13, 2014 9:08 pm    Post subject: My current visa status? Welp! Help! Reply with quote

Howdy ya'll!

So I have a question hopefully you guys can answer, and give me some advice about.

So... basically I was in Korea and I decided to stay another year after my first job ended. Unfortunately, the second job didn't work out too well and I left the position after 3 months (1 semester - hagwon), and was given a letter of release. I never went down to immigration with my employer, and a week later, I left Korea to go home. However, I noticed at the airport they didn't ask me for my ARC or even ask me if I was returning nor did they stamp my Korean visa with a CANCELLED notice on it. I was simply given an exit stamp. I'm confused by this. Does this mean I'm still on my employer's visa? If so, why would they give me a letter of release without actually cancelling my visa? Does this mean, hypothetically speaking of course, I can return to Korea on my E-2 visa, go to immigration, get a D-10, and get a new job to transfer to a NEW E-2 visa?

The reason why I didn't get a D-10 visa while I was in Korea was because I didn't think I'd return before the original visa expired, but life changes.

Is there a way to not only check my visa status outside of Korea but also possibly change my status to D-10 as well?

Thanks! ♡♡
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le-paul



Joined: 07 Apr 2009
Location: dans la chambre

PostPosted: Sat Sep 13, 2014 9:28 pm    Post subject: Reply with quote

It might help if you give a date of exactly when this happened
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Kepler



Joined: 24 Sep 2007

PostPosted: Sun Sep 14, 2014 1:10 am    Post subject: Re: My current visa status? Welp! Help! Reply with quote

xCainAndAbelx wrote:


So... basically I was in Korea and I decided to stay another year after my first job ended. Unfortunately, the second job didn't work out too well and I left the position after 3 months (1 semester - hagwon), and was given a letter of release. I never went down to immigration with my employer, and a week later, I left Korea to go home. However, I noticed at the airport they didn't ask me for my ARC or even ask me if I was returning nor did they stamp my Korean visa with a CANCELLED notice on it. I was simply given an exit stamp. I'm confused by this. Does this mean I'm still on my employer's visa? If so, why would they give me a letter of release without actually cancelling my visa? Does this mean, hypothetically speaking of course, I can return to Korea on my E-2 visa, go to immigration, get a D-10, and get a new job to transfer to a NEW E-2 visa?

Your employer can't cancel your visa. You were supposed to do that at the airport by surrendering your ARC if you didn't intend to return to Korea. Your employer, however, is required by law to inform immigration that you no longer work for him. So you may encounter problems if you try to reenter Korea on the E-2 visa that was sponsored by your employer.
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xCainAndAbelx



Joined: 26 Apr 2013
Location: Gangnam, Seoul

PostPosted: Sun Sep 14, 2014 8:42 pm    Post subject: Reply with quote

UPDATE:

Thanks. I think the poster above will be right. My last "working day" was August 22nd... and I left Korea on September 3rd.

I actually just got off the phone with the Immigration office in Seoul and they told me that my school NEVER informed them that I left the job or notified them that I even left the country. My visa is still valid... hence why I was never asked to relinquish my ARC at the airport.

I called my school in Seoul and told them what immigration told me, and from what I gather is that they were clueless to do it... or too busy to bother...

So I'm technically still able to return on a valid visa, but I told my old school to immediately CANCEL the visa so that I can find a new job... even though I do have now go through the document verification process again.

This is correct, right?

Will I get fined for keeping my ARC?

What exactly is the procedure for Immigration once they are officially told by my ex-employer that I am no longer working for them, and am currently out of the country.

Am I wrong to try to re-negotiate with my school to ask them NOT to cancel the visa so that I can return to Korea, switch to a D-10 and then switch over to a new E-2?

Thanks.
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Hokie21



Joined: 01 Mar 2011

PostPosted: Mon Sep 15, 2014 6:01 am    Post subject: Reply with quote

You won't be fined for not handing in your ARC.

A few years ago, after completing my contract and flying home I tried giving immigration my ARC at the airport. The guy looked at it, asked if I was returning...I said no....he gave it back to me.

I returned a year or so later. Got a new ARC...no questions asked.
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xCainAndAbelx



Joined: 26 Apr 2013
Location: Gangnam, Seoul

PostPosted: Mon Sep 15, 2014 5:05 pm    Post subject: Reply with quote

Hokie21 wrote:
You won't be fined for not handing in your ARC.

A few years ago, after completing my contract and flying home I tried giving immigration my ARC at the airport. The guy looked at it, asked if I was returning...I said no....he gave it back to me.

I returned a year or so later. Got a new ARC...no questions asked.


Right. My visa from my school in Gangnam is valid until 03.31.2015 (8 month contract, plus the usual extra 1 month after the last original working date.)

But what do they mean by "my school can't cancel my visa?" I was told that all they had to do was send a fax to Immigration saying I quit, but since they DIDN'T do this during the 2 week grace period, and now that I am out of the country. What can I do to return to Korea before the end of March next year? I told them I planned to take some time off, and come back for a new job. Which is why I was given a letter of release which, by the way, I thought was needed regardless of the time period after you quit (before or after the visa's validity), which is why I asked for one. I thought I needed it for whenever I decided to come back.

I know my school will be fined if they tell Immigration anything, and if they try to say I left recently (I left the school on August 22nd), they know that that is NOT true because I have an exit stamp on September 3rd.

So confused by all this. :S
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Kepler



Joined: 24 Sep 2007

PostPosted: Mon Sep 15, 2014 6:35 pm    Post subject: Reply with quote

Your employer can not cancel your visa alone. They can cancel their sponsorship of your visa, but you must still turn in your ARC at the airport to complete the cancellation. You could apply for a D-10 visa or another E-2 visa at a Korean consulate in your home country. However, don't expect to be granted a new visa while an unexpired E-2 visa is still in your passport.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Tue Sep 16, 2014 2:34 am    Post subject: Reply with quote

Once the employer stops sponsoring your visa then you have 14 days before it is cancelled. Alternatively, you can cancel it yourself (without your boss) if you're in Korea. The most common way to cancel the visa is to simply declare that when you exit the country and hand in your ARC. If you don't hand in the ARC, it's no problem as far as penalties.

Just because you're not in the country doesn't mean you can't be employed. Maybe you were on vacation. Maybe the school gave you time off. Who knows? Certainly not immigration. It's highly unlikely that your ex-school will get fined.

What date is on the LOR? For it to be valid then it has to say when you're finishing up. If that date has pass by more than 2 weeks then you can't do an E2 transfer or get a D10 visa.

If you're visa is still valid (doubtful now that you're reminded your ex-boss about the situation) then technically you could return to Korea on that visa but you still won't be able to transfer it unless you get a new LOR with a date in the near future.
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