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Leaving a new job. I need immigration/visa advice.

 
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Tungi



Joined: 30 Jun 2012

PostPosted: Fri Sep 07, 2012 6:43 pm    Post subject: Leaving a new job. I need immigration/visa advice. Reply with quote

Hello, thank you for taking the time to help me.

I recently started a new job after finishing my old contract (I was transferring to a new job from my old E-2). It is going horribly. They are very disrespectful, there are no breaks, and I have to (surprise) work an extra hour each day outside of the contract. I want to know if I can leave this job and look for a new one or if I'm, for lack of better words, screwed. I believe I am working illegaly at the moment as these are the only steps I have taken:

I signed a contract.
I got a letter of release from my old school and gave it to them. I have a 13 months visa so I looked for my job using the last month of my releasable E-2.
I gave them my passport number on the contract.

I assume that I am not bound to them as I have never shown them my passport or ARC. I haven't even done a health check yet. However, I do not want to operate on assumptions.

I'm not sure if it helps, but I have only been working there for about a week.

Can I leave this job? Can I still switch to a D-10 visa? How adversely will a D-10 visa affect my job search?

I simply cannot continue working here, but I do not want to leave Korea. Thank you again for your help.
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viciousdinosaur



Joined: 30 Apr 2012

PostPosted: Fri Sep 07, 2012 6:57 pm    Post subject: Reply with quote

Hmmm...working through your 13th month at a different school = illegal
But working under an already transferred visa = not illegal

It seems before you do anything else you need to find out if your visa has been extended, because that will determine your next step.
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YTMND



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

PostPosted: Fri Sep 07, 2012 7:14 pm    Post subject: Reply with quote

Quote:
It is going horribly. They are very disrespectful, there are no breaks, and I have to (surprise) work an extra hour each day outside of the contract.


Seems like they are just trying to see how much they can get out of you. I follow a 3 or 4 class rule. I will teach a block of 3 or 4 classes with one break if the school needs to space out my availability, 2 blocks per day. This gives them a total of 30-40 class hours. Plenty of time.

After 4, I am done, no questions. I simply don't show up. If you do this early on and explain your rules to them, then they are more likely to work something more realistic out.

What more are they asking you to do? 1 more hour than what? What are you already required to do and at what salary?
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Tungi



Joined: 30 Jun 2012

PostPosted: Fri Sep 07, 2012 8:26 pm    Post subject: Reply with quote

I believe that I am currently working illegally which I did not realize. I do not believe they have extended my visa as I have not given my passport or ARC to them. They do not have scanned copies and they have never seen them. I only wrote down my passport number.

I don't think they are trying to see what they can get out of me. I think the schedule is really tight. I should have asked more questions from the beginning. The extra hour was a request that I could not refuse. They say I need more prep time as my prep time and experience with them ia short. I'm sorry, but any more specifics would be a bad idea.
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viciousdinosaur



Joined: 30 Apr 2012

PostPosted: Fri Sep 07, 2012 8:52 pm    Post subject: Reply with quote

You need to find out for sure either way. No "Well I believe..." nonsense. And you need to be careful you don't incriminate yourself.

Here's a possible scenario. You quit, then go to immigration, you apply for a D-10. They say they've already processed a request to transfer your visa and deny you a D-10. Now you're only option is to do a double run.

Here's another. You quit, go to immigration, apply for a D-10. They don't know you've started at a new place. You get your D-10. You get new documents. You find a new job and you're back working again in 3-6 months.

Another. You quit, go to immigration, apply for D-10, but you stupidly tell them you've been working at a new job. They deny you, fine you, and deport you.
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Tungi



Joined: 30 Jun 2012

PostPosted: Fri Sep 07, 2012 9:44 pm    Post subject: Reply with quote

I appreciate your carefully considered scenarios. Do you have any advice on how to discreetly ask for my status?
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Kepler



Joined: 24 Sep 2007

PostPosted: Fri Sep 07, 2012 10:00 pm    Post subject: Reply with quote

Tungi wrote:
I appreciate your carefully considered scenarios. Do you have any advice on how to discreetly ask for my status?

Your status is clearly stated on your ARC. When immigration renews your visa a new expiration date is printed on the back of your ARC. The school can't transfer a visa with only a signed contract and passport number. You'd probably have to visit the immigration office in person to have your fingerprints scanned.
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Tungi



Joined: 30 Jun 2012

PostPosted: Fri Sep 07, 2012 10:59 pm    Post subject: Reply with quote

That was my line of thinking and I really hope you are right. I was thinking about asking for a visa change soon. I would need another letter of release right?
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Kepler



Joined: 24 Sep 2007

PostPosted: Sat Sep 08, 2012 12:06 am    Post subject: Reply with quote

Tungi wrote:
That was my line of thinking and I really hope you are right. I was thinking about asking for a visa change soon. I would need another letter of release right?

You don't need a letter of release if your old contract has expired. People usually sign a one year contract and get a 13 month visa so the last month they can transfer without a LOR.
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Tungi



Joined: 30 Jun 2012

PostPosted: Sat Sep 08, 2012 12:31 am    Post subject: Reply with quote

Thank you for your advice. I will be acting soon.
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Tungi



Joined: 30 Jun 2012

PostPosted: Sat Sep 08, 2012 1:48 am    Post subject: Reply with quote

That was my line of thinking and I really hope you are right. I was thinking about asking for a visa change soon. I would need another letter of release right?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Sep 08, 2012 2:42 am    Post subject: Reply with quote

IF you have not yet gone to immigration to change your status then you are NOT obligated to your employer and they are not your sponsor.
(A personal appearance is required at immigration to add/change your place of work. You also need to sign the application and pay the associated fees (60k for the change and 30k for the extension).

If/when you change your status and extend your status of sojourn it will be marked on your ARC BEFORE you leave Kimmi.

You are currently working illegally.

Walk at your convenience.

.
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Tungi



Joined: 30 Jun 2012

PostPosted: Sat Sep 08, 2012 5:52 am    Post subject: Reply with quote

Thank you for your response. I guess I will walk. This whole thing hurts my concious though. Do you reccomend leaving without a word or should I warn them? I fear the unknowns...
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Hotpants



Joined: 27 Jan 2006

PostPosted: Sun Sep 09, 2012 2:20 am    Post subject: Reply with quote

Assuming your current ARC still has validity on it, I would get down to Kimmi first thing in the morning and put in your D-10 application. That way, you got to immi first before your boss can have any chance of trying to tell immi that you're working for him/her. Then, if immi calls you up about any claim that your boss is putting in about working for him/her, you just say that you were thinking of applying to the school, but you've never physically worked there.

Move into a goshiwon tonight, and then call your boss up AFTER you've covered yourself at kimmi. Expect some pleading and insults from their end, but just stick calmly to the line that you don't work illegally and they need to hire someone who has the correct visa.

Starting work at a new school without updated ARC was foolish. Hiring someone without correct visa/ARC status was also malpractice.
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Tungi



Joined: 30 Jun 2012

PostPosted: Sun Sep 09, 2012 11:55 pm    Post subject: Reply with quote

Thanks to everyone for their advice. I am especially grateful to Ttompatz and Kepler as their information was on point.

I have navigated my situation successfully. I hope this thread may now be of use to someone in the future.


Last edited by Tungi on Mon Sep 10, 2012 12:10 am; edited 1 time in total
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