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ReillyGA
Joined: 15 Apr 2008
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 Posted: Sat Mar 12, 2011 11:51 pm Post subject: E-2 Visa transfer |
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Hello,
I am writing in hopes to find out about E-2 transfer deadlines.
Recently my school and I were seperated and I was told that I would have 15 days to ttransfer my visa to a new employer. I am American.
I went to immigration where I was told I coulkd extend my E-2 for 1-6 months but there was a language barrier and there may have been some misunderstandings. I reuturned to my previous employer with the extension form and they rejected it stating "it's impossible". I really don't know what my options are to avoid going through the entire Visa process again. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Mar 13, 2011 12:17 am Post subject: |
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If you have completed 6 months or more of your contract you need a LOR (Letter of Release) from your employer to enable you to transfer to a new job.
The transfer must be completed within 30 days of termination of employment.
If your contract was completed (rather than terminated early) you have 30 days from the end of the contract OR until your ARC expires to transfer or you will need to begin the process again from scratch.
If you are unable to complete the transfer before the 30 days are up (or your ARC expires) you will need to leave Korea, return as a tourist and begin the process again from scratch.
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OMGtrev
Joined: 09 Mar 2010
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| Posted: Sun Mar 13, 2011 1:48 am Post subject: |
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While you're on the topic, I have a similar issue.
My boss is forcing me to stay for an extra month after my contract because she didn't find a replacement. If I say no, she won't give me a letter of release (or a good recommendation). My intention was to start a new job immediately after I finish my contract here, transfer my visa, and have it renewed. Do I need that letter of release if my contract is finished?
If I accept, she will renew my visa for a year, so would that make it a lot easier to get another job, supposing she releases me when I want? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Mar 13, 2011 4:15 am Post subject: |
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| OMGtrev wrote: |
While you're on the topic, I have a similar issue.
My boss is forcing me to stay for an extra month after my contract because she didn't find a replacement. If I say no, she won't give me a letter of release (or a good recommendation). My intention was to start a new job immediately after I finish my contract here, transfer my visa, and have it renewed. Do I need that letter of release if my contract is finished?
If I accept, she will renew my visa for a year, so would that make it a lot easier to get another job, supposing she releases me when I want? |
You do NOT need a LOR to do a transfer if your contract is complete and you have time remaining on your E2.
IF you renew for a year with her you are basically tied to her and her whims as you pray for a LOR or you will have to just out of the country and begin the E2 process from scratch (with all new documents).
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tua111111
Joined: 20 Apr 2010
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| Posted: Sun Mar 13, 2011 5:47 am Post subject: |
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| ttompatz wrote: |
| OMGtrev wrote: |
While you're on the topic, I have a similar issue.
My boss is forcing me to stay for an extra month after my contract because she didn't find a replacement. If I say no, she won't give me a letter of release (or a good recommendation). My intention was to start a new job immediately after I finish my contract here, transfer my visa, and have it renewed. Do I need that letter of release if my contract is finished?
If I accept, she will renew my visa for a year, so would that make it a lot easier to get another job, supposing she releases me when I want? |
You do NOT need a LOR to do a transfer if your contract is complete and you have time remaining on your E2.
IF you renew for a year with her you are basically tied to her and her whims as you pray for a LOR or you will have to just out of the country and begin the E2 process from scratch (with all new documents).
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I was under the impression that if you not renewing (ie. transferring to a different school) you still need to get new documents.
I have an E-2, received it in May 2010 and am interested in staying another year. I didn't provide an FBI CBC because it wasn't required and I used my original diploma in order to get my visa. I called immigration to inquire if I needed new documents if I re-sign with my current school and they said I didn't. Is it the same rules, even if I sign a new contract with a different school. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Mar 13, 2011 6:18 am Post subject: |
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| tua111111 wrote: |
| ttompatz wrote: |
| OMGtrev wrote: |
While you're on the topic, I have a similar issue.
My boss is forcing me to stay for an extra month after my contract because she didn't find a replacement. If I say no, she won't give me a letter of release (or a good recommendation). My intention was to start a new job immediately after I finish my contract here, transfer my visa, and have it renewed. Do I need that letter of release if my contract is finished?
If I accept, she will renew my visa for a year, so would that make it a lot easier to get another job, supposing she releases me when I want? |
You do NOT need a LOR to do a transfer if your contract is complete and you have time remaining on your E2.
IF you renew for a year with her you are basically tied to her and her whims as you pray for a LOR or you will have to just out of the country and begin the E2 process from scratch (with all new documents).
. |
I was under the impression that if you not renewing (ie. transferring to a different school) you still need to get new documents.
I have an E-2, received it in May 2010 and am interested in staying another year. I didn't provide an FBI CBC because it wasn't required and I used my original diploma in order to get my visa. I called immigration to inquire if I needed new documents if I re-sign with my current school and they said I didn't. Is it the same rules, even if I sign a new contract with a different school. |
If you are doing a visa transfer (change of employer) AND you are still on a VALID E2/ARC then you won't need new documents until Jan 2012 or your 2nd change of status (whichever comes first). The rule was relaxed for transfers since it can take 2-5 months to obtain the documents.
If you change employers and do NOT complete a transfer before your E2 expires then you need all new documents to complete a NEW E2 visa application.
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Last edited by ttompatz on Sun Mar 13, 2011 6:23 am; edited 1 time in total |
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tua111111
Joined: 20 Apr 2010
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| Posted: Sun Mar 13, 2011 6:22 am Post subject: |
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| ttompatz wrote: |
| tua111111 wrote: |
| ttompatz wrote: |
| OMGtrev wrote: |
While you're on the topic, I have a similar issue.
My boss is forcing me to stay for an extra month after my contract because she didn't find a replacement. If I say no, she won't give me a letter of release (or a good recommendation). My intention was to start a new job immediately after I finish my contract here, transfer my visa, and have it renewed. Do I need that letter of release if my contract is finished?
If I accept, she will renew my visa for a year, so would that make it a lot easier to get another job, supposing she releases me when I want? |
You do NOT need a LOR to do a transfer if your contract is complete and you have time remaining on your E2.
IF you renew for a year with her you are basically tied to her and her whims as you pray for a LOR or you will have to just out of the country and begin the E2 process from scratch (with all new documents).
. |
I was under the impression that if you not renewing (ie. transferring to a different school) you still need to get new documents.
I have an E-2, received it in May 2010 and am interested in staying another year. I didn't provide an FBI CBC because it wasn't required and I used my original diploma in order to get my visa. I called immigration to inquire if I needed new documents if I re-sign with my current school and they said I didn't. Is it the same rules, even if I sign a new contract with a different school. |
If you are doing a visa transfer (change of employer) AND you are stiill on a VALID E@/ARC then you won't need new documents until Jan 2012 or your 2nd change of status (whichever comes first). The rule was relaxed for transfers since it can take 2-5 months to obtain the documents.
If you change employers and do NOT complete a transfer before your E2 expires then you need all new documents to complete a NEW E2 visa application.
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Okay, great. Since you have the best information on the forum, I have another question for you. How long in advance can you extend and transfer your visa? My contract ends in late May, how soon could I start the transfer process? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Mar 13, 2011 8:01 am Post subject: |
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| tua111111 wrote: |
Okay, great. Since you have the best information on the forum, I have another question for you. How long in advance can you extend and transfer your visa? My contract ends in late May, how soon could I start the transfer process? |
You can start the process/do the transfer up to 1 week before the end of your current employment OR for as long as 30 days after your old contract finished (*provided your E2 hasn't expired).
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OMGtrev
Joined: 09 Mar 2010
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| Posted: Sun Mar 13, 2011 9:55 pm Post subject: |
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| Ok, so I won't need any new documents when my current boss renews my visa for a year. Will I need any new documents when I go to transfer it, or will I just need the letter of recommendation? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Mar 13, 2011 10:17 pm Post subject: |
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| OMGtrev wrote: |
| Ok, so I won't need any new documents when my current boss renews my visa for a year. Will I need any new documents when I go to transfer it, or will I just need the letter of recommendation? |
2nd change of status you MAY need new documents.
You will have to ask Kimmi when you renew if/whether or not you need new documents for the "next time".
Chances are that, if you don't meet the current standard, then you will need them.
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OMGtrev
Joined: 09 Mar 2010
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| Posted: Sun Mar 13, 2011 10:47 pm Post subject: |
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| ttompatz wrote: |
| OMGtrev wrote: |
| Ok, so I won't need any new documents when my current boss renews my visa for a year. Will I need any new documents when I go to transfer it, or will I just need the letter of recommendation? |
2nd change of status you MAY need new documents.
You will have to ask Kimmi when you renew if/whether or not you need new documents for the "next time".
Chances are that, if you don't meet the current standard, then you will need them.
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Well I hope not because I have no idea when that CBC is going to get here. I doubt it will be in time. Is it possible to get a waiver or something like that and submit the CBC later? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Mar 13, 2011 11:34 pm Post subject: |
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| OMGtrev wrote: |
| Well I hope not because I have no idea when that CBC is going to get here. I doubt it will be in time. Is it possible to get a waiver or something like that and submit the CBC later? |
You will get a waiver/pass until Jan 2012 or your 2nd change of status (since the rules changed) whichever comes first.
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OMGtrev
Joined: 09 Mar 2010
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| Posted: Mon Mar 14, 2011 1:49 am Post subject: |
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| ttompatz wrote: |
| OMGtrev wrote: |
| Well I hope not because I have no idea when that CBC is going to get here. I doubt it will be in time. Is it possible to get a waiver or something like that and submit the CBC later? |
You will get a waiver/pass until Jan 2012 or your 2nd change of status (since the rules changed) whichever comes first.
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So renewing it and transferring it both count as changes of status? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Mar 14, 2011 3:43 am Post subject: |
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| OMGtrev wrote: |
| ttompatz wrote: |
| OMGtrev wrote: |
| Well I hope not because I have no idea when that CBC is going to get here. I doubt it will be in time. Is it possible to get a waiver or something like that and submit the CBC later? |
You will get a waiver/pass until Jan 2012 or your 2nd change of status (since the rules changed) whichever comes first.
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So renewing it and transferring it both count as changes of status? |
One change if they are done at the same time.
Two changes if they are done at different times.
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OMGtrev
Joined: 09 Mar 2010
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| Posted: Mon Mar 14, 2011 4:46 am Post subject: |
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| Poop. That means that I will likely not be able to transfer for some time if I do the way I've planned. I guess I'll have to appeal to my boss and get her to release me at the end of my contract. I hate how little sense all of these rule changes are making. Why should I need a new CBC if I haven't even left the country? |
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