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mtownchitown
Joined: 15 Apr 2015
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 Posted: Sun Jun 21, 2015 5:46 am Post subject: Being Denied a New E2? |
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Having to run due to unpaid wages and having to work an additional 8 days (mostly Saturdays) that were not a part of my contract. Planning to cancel my visa at the airport as I exit.
I plan to return to Korea shortly after to teach at an American-run school. Prospects look good for getting a new job in the months following my run.
Is there any chance of being denied a new E2 by immi? Will apply from The U.S. with new documents.
I've seen mixed reviews on this, and everything I've read is at least 4 years old. |
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Chaparrastique
Joined: 01 Jan 2014
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| Posted: Sun Jun 21, 2015 6:17 am Post subject: |
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You will need a letter of release from old employer.
Failing that, you have to wait until the period of your previous E2 expires before you can get a new one. |
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mtownchitown
Joined: 15 Apr 2015
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| Posted: Sun Jun 21, 2015 6:20 am Post subject: |
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| Won't handing in my ARC at the airport cancel my visa? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Jun 21, 2015 2:47 pm Post subject: |
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| mtownchitown wrote: |
| Won't handing in my ARC at the airport cancel my visa? |
It will cancel your status of sojourn but currently, immigration is a mixed bag for issuance of a new E2 visa confirmation number before the old one has expired.
Being from the US also means that your visa (the one in your passport) is likely a 1-year multi-entry so turning in the ARC doesn't necessarily cancel the visa.
You can try the run and re-apply with new documents. You have about a 60% chance of success if you are applying from within the US. If you simply do a visa run and hope to re-apply for a new visa issuance number while still here the chances are lower.
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Mon Jun 22, 2015 2:07 am Post subject: |
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| ttompatz wrote: |
| mtownchitown wrote: |
| Won't handing in my ARC at the airport cancel my visa? |
It will cancel your status of sojourn but currently, immigration is a mixed bag for issuance of a new E2 visa confirmation number before the old one has expired.
Being from the US also means that your visa (the one in your passport) is likely a 1-year multi-entry so turning in the ARC doesn't necessarily cancel the visa.
You can try the run and re-apply with new documents. You have about a 60% chance of success if you are applying from within the US. If you simply do a visa run and hope to re-apply for a new visa issuance number while still here the chances are lower.
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It was a mixed bag several years ago and that was based only on a memo, not a regulation or procedure. It's been years since someone reported being denied a new visa for not completing an old contract. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Mon Jun 22, 2015 2:18 am Post subject: Re: Being Denied a New E2? |
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| mtownchitown wrote: |
Having to run due to unpaid wages and having to work an additional 8 days (mostly Saturdays) that were not a part of my contract. Planning to cancel my visa at the airport as I exit.
I plan to return to Korea shortly after to teach at an American-run school. Prospects look good for getting a new job in the months following my run.
Is there any chance of being denied a new E2 by immi? Will apply from The U.S. with new documents.
I've seen mixed reviews on this, and everything I've read is at least 4 years old. |
Do NOT simply up and leave. It is to your employers advantage if you do so. If you haven't been paid money owed, you have an opportunity to do a simple visa transfer (to another employer or to a D10 visa). You need to go to the labor board and file a complaint. If your boss has said anything along the lines of "We don't have enough money to pay you." "The school is going out of business." "We will/might let you go because we don't have enough business to keep you employed." or any other thing which makes it sound like the place is going bankrupt and you aren't likely to get paid and might be out of a job then you should mention this to the LB. If your get fired after filing the complaint then it's even better for you because the LB takes a grim view of employers firing someone for filing a complaint. (Regardless of what excuse the employer gives, the LB guy will know you were fired for filing a complaint.) After you file a complaint, tell them that you want to just transfer your visa to another school because you know that you aren't going to be paid for your work and you don't want to have to deal with it any longer. The LB will call up the school and ask what's going on and tell them to pay you. If they don't pay up or if someone else happens (for example, you get fired) then they'll just give you a letter that you can use at immigration to transfer your visa. (It's like a LOR, but it comes from the LB.) If you can do a visa transfer, you'll be a lot more popular with recruiters and schools because it's a lot cheaper and faster to get your visa taken care of (you could start working within a few days). If you're planning on sticking around in Korea, it also means that you can do interviews in person. If you want to take a break, get the D10 visa and then transfer back to an E2 when you find the job you want after your vacation. |
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Chaparrastique
Joined: 01 Jan 2014
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| Posted: Mon Jun 22, 2015 4:44 am Post subject: |
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Well well.
If this is true- that you can simply quit and switch between employers without a LOR... then this represents a revolution in the Korean ESL scene.
I say go right ahead OP. Give it a try, just walk and hand in your ARC.
Let us all know how it turns out. |
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Weigookin74
Joined: 26 Oct 2009
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| Posted: Tue Jun 23, 2015 6:03 pm Post subject: |
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| Unpaid wages? Don't run. Go to the labor board. Ask the boss to give you a release immediately and you won't file a claim against him or cut some otehr deal. Either way, a labor board complaint means you're more likely to get a D10? Is that right ttompatz? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Jun 23, 2015 6:15 pm Post subject: |
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A legitimate labor board complaint for labor law violations (like wages unpaid for MORE THAN 2 weeks) can get you released and allow a change to a D10.
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Thu Jun 25, 2015 12:03 am Post subject: |
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| Chaparrastique wrote: |
Well well.
If this is true- that you can simply quit and switch between employers without a LOR... then this represents a revolution in the Korean ESL scene.
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You can't simply quit and switch between employers (unless the employer has violated some labor regulations). You would need to cancel your visa, apply for a new one and do a visa run to Japan (or elsewhere). Visa runs of this sort have always been an option (except for a half year period a few years ago when some people were being denied new visa). |
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