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Does F-2-1 person need a letter of release

 
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yakey



Joined: 21 Apr 2003
Location: Korea

PostPosted: Mon Jun 05, 2006 8:05 pm    Post subject: Does F-2-1 person need a letter of release Reply with quote

A friend of mine with an F-2-1 spouse visa just quit his college teaching post, basically just after the semester ends. He's in the first semester of his contract. He sent his request, gave 30 days' notice and is finishing all his duties. He's one of those perfect employees, never misses a day of work. After quitting, he gets a note from the college telling him his request will be evaluated by a committee and a decision made whether to accept his resignation or make him continue to work, and whether to give him a letter of release. I'm sorry, but I understood the new immigration laws to be that F-2-1's negotiate their own deals and can quit whenever they want - and they don't need release letters because their sponsor os their wife/husband and not the college. This guy's doing everything he can to accomodate them, and the reason he's quitting is to go and spend some time with his sick mother in the states. What should he do? Is he breaking any law by quitting and giving his 30 days?
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Original



Joined: 21 Mar 2006

PostPosted: Mon Jun 05, 2006 8:12 pm    Post subject: Reply with quote

The short answer is no, your friend does not need permission from his college.

The long answer is also no. Know that in every way, it may be intimated to him/her that they can make him stay, but the college can't in any way as he has an F2. This happens quite a bit in various situations here, and in life, but no, he does not have to stay.

It should be noted, that if he doesn't stay, and they try to force him to, that he should not count on them for a reference. Hopefully he already has another job in the pipeline, so to speak.

One in hand is better than two in the bush, they say.......
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babtangee



Joined: 18 Dec 2004
Location: OMG! Charlie has me surrounded!

PostPosted: Mon Jun 05, 2006 8:21 pm    Post subject: Reply with quote

Original is right. Your friend has cause to have a good laugh at his employers.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Mon Jun 05, 2006 8:59 pm    Post subject: Reply with quote

Regardless of whether your friend is on a E-2 or F-2 visa, they can not force him to work. Even if he was on a E-2 visa, he would only need a letter of release if he wanted to work in Korea again.

You can quit at any time. A F-2 makes it easier since you don't need to leave the country or LOR.

Tell your friend to ignore their BS.
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SuperHero



Joined: 10 Dec 2003
Location: Superhero Hideout

PostPosted: Mon Jun 05, 2006 9:40 pm    Post subject: Reply with quote

I have an F2-1 and quit halfway through my second contract at a univeristy. The director insisted that I finish my contract and did not believe that I could get another job without a LOR.

When the presemester meeting came and I didn't show up, I'm sure they were wondering what was going on, even though I had sent a couple of emails over the summer explaining and even offering to provide resumes of people I knew looking for work.
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Pak Yu Man



Joined: 02 Jun 2005
Location: The Ida galaxy

PostPosted: Mon Jun 05, 2006 11:44 pm    Post subject: Reply with quote

I have an F-2. I can go where and when I want. You friend is in the same boat. His contract probably stated "30 days prior notice is needed".
He gave 30 days....he can walk.
Why and how could a work place force him to complete his contract? Why would they want to? If I was your buddy...I'd work there another term, dick around and make them regret forcing the issue.
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Cheonmunka



Joined: 04 Jun 2004

PostPosted: Tue Jun 06, 2006 2:32 pm    Post subject: Reply with quote

At the start of his term he may have been without the F2?
Anyway, he can walk. Anytime he likes.

Next time he gets a job he won't need to submit any forms for immigration. Not even the degree transcripts stuff. Noithing at all to do with immigration.
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DHC



Joined: 15 Jan 2003

PostPosted: Tue Jun 06, 2006 11:53 pm    Post subject: F-2-1 Letter of release Reply with quote

Although Immigration has no control over employment , F-2 and F-5 visa holders are still subject to the laws of Korea. To teach legally , you must have a copy of your degree and ARC card on file with your local Dept. of Education office. If you break a contract you can be sued in court and required to pay expenses incured by your employer as well as damages. The F-2 and F-5 are not carte blanche to do whatever you want. You must still abide by Korean civil and criminal laws.
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denverdeath



Joined: 21 May 2005
Location: Boo-sahn

PostPosted: Wed Jun 07, 2006 4:51 am    Post subject: Re: F-2-1 Letter of release Reply with quote

DHC wrote:
Although Immigration has no control over employment , F-2 and F-5 visa holders are still subject to the laws of Korea. To teach legally , you must have a copy of your degree and ARC card on file with your local Dept. of Education office. If you break a contract you can be sued in court and required to pay expenses incured by your employer as well as damages. The F-2 and F-5 are not carte blanche to do whatever you want. You must still abide by Korean civil and criminal laws.


Your comments are fair; however, it sounds like the OP's friend has tried to do everything by the book, and according to Korean labour laws. I don't think that his workplace would have much of a fighting chance if this were ever to go to court. Illegal clauses(if they are present in this contract) will not be upheld by the Korean courts. I worked at one uni before that req'd that resignation, if chosen, was to be only given/accepted during between-semester breaks, which I followed - I've never looked into the legality of such a clause although I do understand universities asking for this kind of consideration.
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