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jinju
Joined: 22 Jan 2006
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 Posted: Tue Feb 07, 2006 8:57 pm Post subject: |
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| J.B. Clamence wrote: |
| jinju, the problem is that the new school has a signed contract, copies of their passports, and maybe the letter of release (the OP has not clarified whether or not the new school has this). If they have it, they (the new school) can go to immigration and get new visas for these two teachers, thus cancelling the old ones. That indeed would be a big problem. |
No they cant. You dont get a new visa to cancel the old one. You need to cancel first and THEN get a new visa. And no, immigration will not cancel a visa just like that. It will take the owner of the old school to cancel the visa.
What the OP has to do is easy. Inform his embassy today about passports being in posession of a third party against his will. Guaranteed that the passport will be returned within a day or two. |
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jinju
Joined: 22 Jan 2006
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| Posted: Tue Feb 07, 2006 9:02 pm Post subject: |
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| J.B. Clamence wrote: |
| jinju, the problem is that the new school has a signed contract, copies of their passports, and maybe the letter of release (the OP has not clarified whether or not the new school has this). If they have it, they (the new school) can go to immigration and get new visas for these two teachers, thus cancelling the old ones. That indeed would be a big problem. |
No they cant. You dont get a new visa to cancel the old one. You need to cancel first and THEN get a new visa. And no, immigration will not cancel a visa just like that. It will take the owner of the old school to cancel the visa.
What the OP has to do is easy. Inform his embassy today about passports being in posession of a third party against his will. Guaranteed that the passport will be returned within a day or two. |
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jinju
Joined: 22 Jan 2006
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| Posted: Tue Feb 07, 2006 9:02 pm Post subject: |
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| J.B. Clamence wrote: |
| jinju, the problem is that the new school has a signed contract, copies of their passports, and maybe the letter of release (the OP has not clarified whether or not the new school has this). If they have it, they (the new school) can go to immigration and get new visas for these two teachers, thus cancelling the old ones. That indeed would be a big problem. |
No they cant. You dont get a new visa to cancel the old one. You need to cancel first and THEN get a new visa. And no, immigration will not cancel a visa just like that. It will take the owner of the old school to cancel the visa.
What the OP has to do is easy. Inform his embassy today about passports being in posession of a third party against his will. Guaranteed that the passport will be returned within a day or two. |
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jinju
Joined: 22 Jan 2006
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| Posted: Tue Feb 07, 2006 9:02 pm Post subject: |
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| J.B. Clamence wrote: |
| jinju, the problem is that the new school has a signed contract, copies of their passports, and maybe the letter of release (the OP has not clarified whether or not the new school has this). If they have it, they (the new school) can go to immigration and get new visas for these two teachers, thus cancelling the old ones. That indeed would be a big problem. |
No they cant. You dont get a new visa to cancel the old one. You need to cancel first and THEN get a new visa. And no, immigration will not cancel a visa just like that. It will take the owner of the old school to cancel the visa.
What the OP has to do is easy. Inform his embassy today about passports being in posession of a third party against his will. Guaranteed that the passport will be returned within a day or two. |
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jjk
Joined: 29 Aug 2004
Location: Back in Australia for the time being
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| Posted: Tue Feb 07, 2006 9:07 pm Post subject: |
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OK, the 'new' school has a copy of my passport, our original degrees and sealed transcripts, as well as the LOR from our current employer. The starting dates on the contracts are for dates after the post dated LOR. That is the new work wouldn't have started until after we had been released from this school.
I know that the new school hadn't started the visa application process when they were told on Friday night we weren't going there. My current school has said they are/have cancelled the LOR- as it is post dated to March 1.
I really don't know what is happening- the contract with the new school said to give notice to quit- and that you have to stay until they get a new teacher, which it claims is about a month- isn't giving 5-9 weeks notice for the two postions enough time?
I wonder what will happen to us?! |
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Yu_Bum_suk
Joined: 25 Dec 2004
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| Posted: Tue Feb 07, 2006 9:35 pm Post subject: |
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| Did you actually get a LOR? If so, I'd take it to immigration and see if you can't still get your current contracts cancelled. |
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BigBlackEquus
Joined: 05 Jul 2005
Location: Lotte controls Asia with bad chocolate!
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| Posted: Tue Feb 07, 2006 9:47 pm Post subject: |
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A "copy" of the passport isn't enough. They need the real thing. I don't believe what you said about getting your blue paper based on a "copy" of a passport. They have to put a special sticker/stamp inside of your passport, which is read by the consulate.
You don't get a finished E-2 based on a copy of a passport. That's crazy.
Last edited by BigBlackEquus on Tue Feb 07, 2006 9:50 pm; edited 1 time in total |
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spinner
Joined: 24 Jan 2006
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| Posted: Tue Feb 07, 2006 10:46 pm Post subject: Hello |
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| There is nothing you can do. However they cannot hold your passport. If they get a lawyer, leave the country. |
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jinju
Joined: 22 Jan 2006
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| Posted: Tue Feb 07, 2006 11:25 pm Post subject: Re: Hello |
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| spinner wrote: |
| There is nothing you can do. However they cannot hold your passport. If they get a lawyer, leave the country. |
Whats the lawyer going to do? The contract wa snot binding without a visa issued. Cant you understand that? All work must be approved by immigration and the new school did not even start the visa process going as they dont have his passport. He broke no law, breached no contract. Why cant you get that? |
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Son Deureo!
Joined: 30 Apr 2003
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| Posted: Tue Feb 07, 2006 11:34 pm Post subject: |
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| spinner wrote: |
| It's against the law to sign a contract with another employer while your e2visa is still valid with another organization. |
Errr, no, it's illegal to WORK for another employer while your E2 visa is still valid with another organization. The OP did no such thing. He looked for a job, found one, and agreed to work for someone else once his original E2 was to be cancelled. And then he changed his mind.
| spinner wrote: |
| So I don't know where you get your information but if I want to ever get kicked out of a country, I will know who to avoid. |
Um, Immigration knows all about the OP's situation, since they know about his current visa, and they have also received all the paperwork from his would-be new employer. I highly doubt that the OP is going to be deported. |
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J.B. Clamence
Joined: 15 Jan 2003
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| Posted: Wed Feb 08, 2006 2:20 am Post subject: |
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| BigBlackEquus wrote: |
A "copy" of the passport isn't enough. They need the real thing. I don't believe what you said about getting your blue paper based on a "copy" of a passport. They have to put a special sticker/stamp inside of your passport, which is read by the consulate.
You don't get a finished E-2 based on a copy of a passport. That's crazy. |
We're talking about two different things. There is the approval of the visa, which is done at the local immigration office. Then there is the ISSUING of the visa, which is done at a Korean embassy or consulate outside of Korea. For the ISSUING of the visa, yes (as I already said) the embassy needs your passport to put the visa sticker into it. However, the immigration office here in Korea does not need your original passport to APPROVE the visa. A copy is sufficient.
Did you really mail your passport to your school in Korea from your home country when you got your first job here? |
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denverdeath
Joined: 21 May 2005
Location: Boo-sahn
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| Posted: Wed Feb 08, 2006 5:57 am Post subject: |
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| OP, any further developments or resolution yet? |
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weatherman
Joined: 14 Jan 2003
Location: Korea
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| Posted: Wed Feb 08, 2006 6:33 am Post subject: Re: School claims they are going to sue! |
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| jjk wrote: |
Here's the story. We are working at hagwon a, where we have been for over 5 years. We were planning to leave the school at the end of February, though the visa is valid with the school until December.
We got the letter of release, and then found a new job. We signed the contracts, with starting dates of March 13 and April 7 replacing two single teachers. |
That the visa is valid with the school until the December, I take to mean that your contract with that school goes until December. I want to clear that up.
Question: In the release letter, what is the date given? For that if given to the government, should be you last legal date of employment with that employer.
If you are looking to fudge the dates, don't. They have releaased you, and if you signed new contracts and have alerted the immigration with the letter of release than don't have worries.
The letter of release has to be dated? Right? |
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J.B. Clamence
Joined: 15 Jan 2003
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| Posted: Wed Feb 08, 2006 7:52 am Post subject: |
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jacl
Joined: 31 Oct 2005
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| Posted: Wed Feb 08, 2006 8:12 am Post subject: |
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All the OP needs to do is go get his/her documents. That's easy. I'd have them by now. Even if it took a 6 hour bus trip, I'd have 'em.
The OP is thinking too much. He/she needs to focus. What's important? Getting the documents back. Fark the BS lawsuit, LOR, etc. Just get the docs. Go to school B, say, "GIVE ME MY DOCUMENTS NOW!", get the docs, and leave.
Problem solved. |
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