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isitts



Joined: 25 Dec 2008
Location: Korea

PostPosted: Mon Jan 07, 2013 4:03 am    Post subject: Reply with quote

CentralCali wrote:
Sadly, the employer does not have to issue a letter of release to you. That ridiculuous letter of release requirement can be, if I'm not mistaken, avoided simply by leaving the country, turning in your ARC on the way out, and returning for new employment. You'll need to get a new set of documents, though, to apply for a new job.

Sunshine73 wrote:
Unfortunately, that is not the case.


Weird. That was pretty common advice that used to work if you couldn't get the LOR.�
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isitts



Joined: 25 Dec 2008
Location: Korea

PostPosted: Mon Jan 07, 2013 4:08 am    Post subject: Reply with quote

ttompatz wrote:
If, in fact, it was immigration who refused to process a new E2, even if you had canceled your status of sojourn by leaving, handing in your ARC and returning as a tourist (90-day entry stamp) then there is no appeal. China, Taiwan, Thailand or go sit on the beach in the Philippines until your old status of sojourn has expired.

.


But why didn't it work? Hadn't you in the past suggested on these forums to do the very same thing? Leave the country (leaving ARC at the airport), then come back with new documents? Immigration paying more attention to this sort of thing now?
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Mon Jan 07, 2013 4:40 am    Post subject: Reply with quote

Quote:
YTMND: I don't understand how you think I could be mooching off the system.


I am not giving a personal opinion of you. I was saying that is what I think immigration is thinking. If you or I go to them and say, "I just got fired" or "I just quit" without finding a new employer they will have to make a decision of keeping you in the country without you earning money. If you go in with an employer you not only remove that worry, but you are filling a position for a Korean national who is running a business or a public school position.

When I went today to get my transfer, they questioned the new school I will be working at asking about location and smaller details. They wanted to make sure the school was a legit school. So, there is also that aspect. That doesn't mean you or I will work illegally, but immigration doesn't want to take any chances.

Quote:
But why didn't it work?


If you left after 6 months or so, it probably would work without a doubt. If you go in, do 1 or 2 months, and split then it means 3 times the paperwork for immigration to fill out if everyone does it. They don't want to allow this sort of thing to happen regularly.

In this case I think the original poster was too quick to erase the problems instead of changing jobs within the country. Rookie mistake.

Also this part might have caught their attention, "The new employer paid for me to go to Japan to cancel my visa... Now they are out the cash. They wouldn't have done that if they really didn't want me."

So, this means they were possibly working with a new employer on a tourist visa. Instead of processing paperwork in the country from E2 to D10 back to E2, they dipped lower to the tourist visa status.

If you leave and come back too often, you are likely to eventually be denied. Doing what the original poster did doesn't keep you under the radar.


Last edited by YTMND on Mon Jan 07, 2013 4:47 am; edited 2 times in total
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isitts



Joined: 25 Dec 2008
Location: Korea

PostPosted: Mon Jan 07, 2013 4:43 am    Post subject: Reply with quote

I see. Thanks.
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