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E2 Question (Yes, I know it's redundant)

 
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traydragen



Joined: 19 Dec 2011

PostPosted: Sat Jan 19, 2013 8:04 pm    Post subject: E2 Question (Yes, I know it's redundant) Reply with quote

Hello, a few quick questions. My wife and I are finishing up our contracts at the end of February. I am staying and starting my job March 1st. She is going home for a month or so and coming back around the beginning of April. My two questions:

1) Do I need to renew my Visa if I just simply roll into a different job the day after my job ends?

2) Does my wife need to renew her visa (ie: go through background checks, etc.) before she comes back in April?

She knows who her current employer will be but needs to go home to see family, is there any way to avoid renewing her visa, or will this be a necessary evil if she wants to go home and see family? Thank you so much for your help.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Jan 19, 2013 9:43 pm    Post subject: Re: E2 Question (Yes, I know it's redundant) Reply with quote

traydragen wrote:
Hello, a few quick questions. My wife and I are finishing up our contracts at the end of February. I am staying and starting my job March 1st. She is going home for a month or so and coming back around the beginning of April. My two questions:

1) Do I need to renew my Visa if I just simply roll into a different job the day after my job ends?

2) Does my wife need to renew her visa (ie: go through background checks, etc.) before she comes back in April?

She knows who her current employer will be but needs to go home to see family, is there any way to avoid renewing her visa, or will this be a necessary evil if she wants to go home and see family? Thank you so much for your help.


1) Sort of. You have some options:

i) If you are NOT changing employer then a simple extension of your ARC
ii) If you ARE changing employers then a simple transfer of your sponsorship.
iii) if you don't have a new job lined up yet then E2 to D10 change of status. It is pretty easy to change from D10 back to E2 when you find a new job.

2) Get a D10 (maintains her status for up to 6 months) before she leaves and she won't need new documents. She can be out for up to 90 days.

If she lets her ARC expire then she will need new documents for a new visa application.

3) if you do nothing and your ARC expires then you MUST leave the country BEFORE 23:59 on the last date indicated by your ARC or you will be in an overstay position.

If you let your ARC expire then you need all new documents again (new visa application from scratch).

.
.
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traydragen



Joined: 19 Dec 2011

PostPosted: Sat Jan 19, 2013 9:54 pm    Post subject: Re: E2 Question (Yes, I know it's redundant) Reply with quote

ttompatz wrote:
traydragen wrote:
Hello, a few quick questions. My wife and I are finishing up our contracts at the end of February. I am staying and starting my job March 1st. She is going home for a month or so and coming back around the beginning of April. My two questions:

1) Do I need to renew my Visa if I just simply roll into a different job the day after my job ends?

2) Does my wife need to renew her visa (ie: go through background checks, etc.) before she comes back in April?

She knows who her current employer will be but needs to go home to see family, is there any way to avoid renewing her visa, or will this be a necessary evil if she wants to go home and see family? Thank you so much for your help.


1) Sort of. You have some options:

i) If you are NOT changing employer then a simple extension of your ARC
ii) If you ARE changing employers then a simple transfer of your sponsorship.
iii) if you don't have a new job lined up yet then E2 to D10 change of status. It is pretty easy to change from D10 back to E2 when you find a new job.

2) Get a D10 (maintains her status for up to 6 months) before she leaves and she won't need new documents. She can be out for up to 90 days.

If she lets her ARC expire then she will need new documents for a new visa application.

3) if you do nothing and your ARC expires then you MUST leave the country BEFORE 23:59 on the last date indicated by your ARC or you will be in an overstay position.

If you let your ARC expire then you need all new documents again (new visa application from scratch).

.
.


Incredible. So, I think I am covered. I just need to transfer my sponsorship (which I'm guessing my new employer will take care of?) is what it sounds like, which should be easy. My wife, however, sounds like some effort will need to be made.
Is it possible for her to change her sponsorship before she leaves the country for a visa that starts a month later when she returns? Or, will she need to get a D10 for that month she is back stateside?
In other words, could we both just get our visa sponsorship changed over to our current jobs with my job starting in March and her job starting in April? Or will she need to apply for the D10, come back to Korea after a month, a get her new visa then?
Thank you so much for your help. You have just saved us a lot of time!!
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Jan 20, 2013 12:53 am    Post subject: Reply with quote

You can transfer any time after your current contract ends and before your current ARC expires. To do the paper work before your contract ends you MAY need a LOR. Typically, immigration won't worry about a LOR if the transfer occurs in the last week of your contract.

She can transfer any time after her current contract ends and before her current ARC expires PROVIDED there is no more than 30 days between contracts.

IF there will be more than 30 days between contracts then she should change to a D10 and back to an E2 when she returns to Korea.

.
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