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A Strange Visa Question

 
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flip ant



Joined: 01 Jul 2004
Location: He's got high hopes!

PostPosted: Fri Jul 09, 2004 11:36 pm    Post subject: A Strange Visa Question Reply with quote

I'm sorry if this is a stupid question, but I've searched in the FAQ for an answer but I can't find anything that applies.

The situation: I got a contract from a school which I signed, sent back and included all the things I need for a visa. They will be sending me back something from Korea which I will send, with my passport to a consulate here in the States to stamp the visa on passport. I think I have all that right. Now, the day I send this material off to Seoul, sure enough, I get another offer via email that is almost exactly what I wanted and would really like to accept. Is there anything legal that would prevent me from accepting that offer and not getting the visa sponsored by the first school stamped in my passport? I know I signed the contract and they have done what they needed to apply for the visa in Korea, but nothing has been stamped in the passport yet. Any suggestions? Is what I'm considering make me a schmuck? Thanks...
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different



Joined: 22 May 2003

PostPosted: Sat Jul 10, 2004 12:25 am    Post subject: Reply with quote

I don't think there are any legal complications for you or the school until you have recieved your certificate of visa issuance (aka "blue papers"). Those are the papers Immigration gives to your school after Immigration has processed your contract, diploma, and resume (and maybe transcripts). You then take the certificate and your passport to a consulate to get your work visa. You need the visa before you can start working, but the school has control over you as soon as it gets the certificate of visa issuance.

I think it takes at least a week to get the certificate from Immigration (in Seoul), so I think you have time to stop the process.

I'd suggest explaining the situation to the school you signed with. Most likely, the school will understand and stop the visa process for you. If they don't, then maybe you could stop the process by contacting Immigration directly. I'm not sure, though.

Your final problem would be getting your diploma back. I'm not sure if Immigration would send you the diploma or if Immigration would send it to the school you originally signed with. In the latter case, you'd have to trust the school to send you the diploma.

(If you have recieved the certificate of visa issuance already, then I'm not sure what you'd have to do to take another job. Maybe the school would have to volunteer to write a release letter (an official letter allowing you to get a new work visa with a new school), but I'm not sure if that would be necessary if you haven't recieved your visa yet.)

Obviously my knowledge is incomplete, but I hope it's still helpful.

As I recall, you signed a contract to work at a regular school (not a hagwon), so it's less likely the school will get bitter and cause you problems. (You never know, of course.)


Last edited by different on Sun Jul 11, 2004 5:00 am; edited 1 time in total
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wannago



Joined: 16 Apr 2004

PostPosted: Sat Jul 10, 2004 5:40 pm    Post subject: Reply with quote

I have a bit of a similar scenario brewing as well. I guess my main questin is if you don't use that letter of visa issuance, can another employer get one for you as well? I'm just not sure how this all works.... Embarassed
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oneiros



Joined: 19 Aug 2003
Location: Villa Straylight

PostPosted: Sat Jul 10, 2004 7:08 pm    Post subject: Reply with quote

Did you ask EFL-Law-
Guy?
He'd know for sure,
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chronicpride



Joined: 16 Jan 2003

PostPosted: Sat Jul 10, 2004 7:44 pm    Post subject: Reply with quote

If they have processed your documents at Immigration (usually takes around 4-5 days, once they receive everything), and they have issued the visa issuance letter, your name will be registered as being sponsored by that school. Regardless, whether or not you have your passport stamped yet.

It then becomes a situation involving the 1st school providing a letter of release and enabling you to secure employment elsewhere. Expect your 1st employer to be thoroughly pissed. It will involve the two schools talking to each other and negotiating, which doesn't always come to a mutually acceptable agreement. Sometimes the 2nd school will pay off the first school. Sometimes the 1st school will be so angry that they refuse to do anything, outside of informing immigration of the situation, thus impeding and/or delaying your E2 eligibility at the other school. Which may be enough for the 2nd school to take a pass on you, as schools want to avoid any extra attention involving immigration.

I've seen two identical situations occur like the above, with 2 teachers that I was recruiting in the past few months. In one case, the 2nd school paid off the 1st, and in the other case, the 1st school was so outraged that they hindered the eligibility of the teacher to go elsewhere and the 2nd school had to hire someone else.

It's rarely a pleasant situation, so expect the worse. Even if the visa issuance letter hasn't been completed yet. And hope that your new, prospective employer will want to weather the headaches and commotion that may follow, in effort to hire you, or just take the next guy on their list. Remember, schools are more interested in preserving their reputation with immigration and fellow directors, than the average, replaceable teacher.
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sadsac



Joined: 22 Dec 2003
Location: Gwangwang

PostPosted: Sun Jul 11, 2004 8:34 pm    Post subject: Reply with quote

The third alternative is to see if the second school will wait three months. Your blue paper is valid for 90 days. Afyer that time the school has to go through the entire process again. Get all your documents back first, before you decide. Smile
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