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Visa question

 
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sammyd



Joined: 21 Jun 2004

PostPosted: Mon Sep 13, 2004 6:01 am    Post subject: Visa question Reply with quote

I'd love some advice, so if anyone out there has anything helpful to offer, please do.

I signed a usual contract with an institute, but there was an agreement that I would only have to work part-time for them for a set wage.

Anyway - So basically this contract is void (as I don't have the free housing, severance pay, any benefits like it says i do) but it is implied that I will work for 'x' hours per week for 'x' amount of dollars.

I talked to another hagwon owner who I have known for a long time, and we are keen to work together as it is WAY better in every way.

Anyway, the question is - Can i walk from my current job hassle free as it is a dodgy contract? If so, how?

By the way - I do realise working part-time with an E2 Visa is illegal

If anyone has ANYTHING helpful to offer, that'd be great.
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kylehawkins2000



Joined: 08 Apr 2003

PostPosted: Mon Sep 13, 2004 2:12 pm    Post subject: Reply with quote

why is it 'void'? Why can't you work part-time with an E2 visa? If a company has agreed to sponsor your visa you can agree to work whatever hours you like, as long as you negotiate it and put it in your contract. The absence of airfare, housing, etc. does not make a contract void.

Are you actually saying that you're not interested in the contract because it doesn't include those benefits so you want to walk away and sign elsewhere? In that case you are free to do so if you have not yet signed a contract. (At least from a legal standpoint). To take a new job which sponsors your E2 visa and to continue this part-time job would be illegal unless your new boss gave you permission to continue working it and it was added to your E2 visa. Both employers would have to agree to this and sign the proper paperwork for immigration. However, you stated that you already signed a contract at the original school. What does our contract say??? If you signed a contract it is legally binding.

How is it 'implied' that you will work a certain number of hours for a certain amount of pay? Isn't that something that should be spelled out pretty clearly in a contract? Just becuase it's a 'dodgy' contract doesn't mean you can walk away from it. If it's dodgy I think you probably shouldn't have signed it. If however your employer is breaking the contract somehow you may have some legal recourse to escape from the contract.
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batman



Joined: 24 Jan 2003
Location: Oh so close to where I want to be

PostPosted: Mon Sep 13, 2004 3:49 pm    Post subject: Reply with quote

Sounds like there is nothing dodgy nor shady about your contract. The formalities are there (housing, etc) but it sounds like you agreed with the director to disregard them. Working limited hours on an E2 visa is legal so no problems there.

You could ask your director for a letter of release, take it to immigration and see what they say.
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J.B. Clamence



Joined: 15 Jan 2003

PostPosted: Tue Sep 14, 2004 2:30 am    Post subject: Reply with quote

I think some key parts to this story are missing: Are you already in Korea? Do you already have an E-2 and a job, and are picking up extra part-time work? If not, then the contract is not void. Has that institute already begun to get you a visa certificate? If so, it would be difficult to get another one issued from a different school at this time.
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sammyd



Joined: 21 Jun 2004

PostPosted: Tue Sep 14, 2004 8:04 am    Post subject: Clarification Reply with quote

Batman understands what I mean.

We agreed to disregard everything in the contract other than limited hours worked and pay.

I am in Korea, have signed the contract to attain the visa through the usual means and have the E-2 visa which I attained in my country before coming back.

I think it would be selfish to break the contract coz i got a better offer, but I just wanted to know if there was any way I could work for another hagwon, either with the co-operation from my current employer or not.

Thanks very much for your help
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batman



Joined: 24 Jan 2003
Location: Oh so close to where I want to be

PostPosted: Wed Sep 15, 2004 6:19 am    Post subject: Re: Clarification Reply with quote

sammyd wrote:
Batman understands what I mean.

We agreed to disregard everything in the contract other than limited hours worked and pay.

I am in Korea, have signed the contract to attain the visa through the usual means and have the E-2 visa which I attained in my country before coming back.

I think it would be selfish to break the contract coz i got a better offer, but I just wanted to know if there was any way I could work for another hagwon, either with the co-operation from my current employer or not.

Thanks very much for your help


Ah, that is another story altogether. You can work at two places legally, you just need the permission of your current visa-sponsor and immigration to do so.
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J.B. Clamence



Joined: 15 Jan 2003

PostPosted: Wed Sep 15, 2004 7:40 am    Post subject: Re: Clarification Reply with quote

batman wrote:
sammyd wrote:
Batman understands what I mean.

We agreed to disregard everything in the contract other than limited hours worked and pay.

I am in Korea, have signed the contract to attain the visa through the usual means and have the E-2 visa which I attained in my country before coming back.

I think it would be selfish to break the contract coz i got a better offer, but I just wanted to know if there was any way I could work for another hagwon, either with the co-operation from my current employer or not.

Thanks very much for your help


Ah, that is another story altogether. You can work at two places legally, you just need the permission of your current visa-sponsor and immigration to do so.


Based on his first post, I don't think he wants to work in two places (He said, "Can I walk from my current job hassle free?"). He wants to leave this job and get another one. In that case, sammy, you will have to get a release letter from your boss releasing you from your current contract. That will enable you to get a new visa with another school. If your boss won't release you from your contract, then you won't be able to get another job legally until your current visa expires.
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sammyd



Joined: 21 Jun 2004

PostPosted: Thu Sep 16, 2004 5:19 am    Post subject: Reply with quote

Cheers for the help fellas! I think I'll stay put.
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