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Cancellation of E7 Visa Application

 
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justin moffatt



Joined: 29 Aug 2006

PostPosted: Sun Sep 03, 2006 10:24 pm    Post subject: Cancellation of E7 Visa Application Reply with quote

I was hired by a recruiting company in Korea to work for a large Korean company. The recruiting company was run by two westerners and one korean. I felt more comfortable because the westerners assured me that they were honorable and trustworthy. (red flag I know) Shortly after signing the vague and "gentlemanly contract", the conditions of employment changed. I won't get into the details (since a lawsuit will probably ensue) but hours increased drastically and the recruiter soon asked me to engage in illegal activities (opening overseas accounts, etc). I respectfully submitted my two weeks notice as was previously agreed and requested to cancel my application for a E7 visa. They agreed reluctantly, asked me to get things in order for my replacement and I completed my duties. After finishing the agreed term, they refused to pay me for work completed and refused to cancel the E7 application. As a result, I have lost two university positions and am unable to get employment elsewhere because immigration will not cancel the application without the employer attending to the office (even though I have an e-mail from the employer claiming they would cancel it). My questions are:

1. What can I do to cancel this visa application?
2 What is an E7 visa? I searched on the immigration website, limited information.
3. What can I do to warn others about this shady company?
4. How can I get my monies owed?

Any advice or information would be extremely helpful. Thank you.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Sep 03, 2006 10:36 pm    Post subject: Re: Cancellation of E7 Visa Application Reply with quote

justin moffatt wrote:
I was hired by a recruiting company in Korea to work for a large Korean company. The recruiting company was run by two westerners and one korean. I felt more comfortable because the westerners assured me that they were honorable and trustworthy. (red flag I know) Shortly after signing the vague and "gentlemanly contract", the conditions of employment changed. I won't get into the details (since a lawsuit will probably ensue) but hours increased drastically and the recruiter soon asked me to engage in illegal activities (opening overseas accounts, etc). I respectfully submitted my two weeks notice as was previously agreed and requested to cancel my application for a E7 visa. They agreed reluctantly, asked me to get things in order for my replacement and I completed my duties. After finishing the agreed term, they refused to pay me for work completed and refused to cancel the E7 application. As a result, I have lost two university positions and am unable to get employment elsewhere because immigration will not cancel the application without the employer attending to the office (even though I have an e-mail from the employer claiming they would cancel it). My questions are:

1. What can I do to cancel this visa application?
2 What is an E7 visa? I searched on the immigration website, limited information.
3. What can I do to warn others about this shady company?
4. How can I get my monies owed?

Any advice or information would be extremely helpful. Thank you.


1. Where are you? Have you actually submitted your passport to a Korean consulate in a foreign country (not in Korea) to obtain a visa? Are you talking about their application for a letter of visa confirmation?

2. E7 visa is a visa category that applies to foreigners who desire to work for public or private organizations as a cook, teacher of school for foreigners only, etc., other than those in E-1 status through E-6 status.
http://www.moj.go.kr/HP/ENG/eng_03/eng_306030.jsp

3. Post their names here.

4. What money? Were you working here?
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justin moffatt



Joined: 29 Aug 2006

PostPosted: Sun Sep 03, 2006 11:56 pm    Post subject: Ttompatz reply Reply with quote

In response to ttompatz:

1. I had left overseas, however, they could not process my documents in time. Therefore, the company stated that my E7 application had been submitted but not processed, I was instructed to go overseas again to process the application. I shortly resigned thereafter. However, I had engaged in employment duties for two weeks before providing my two weeks notice.

2. Thanks for the website. Very helpful and useful.

3. I will post all information regarding this employer after the issue has been dealt with. I am concerned about not being paid and cancellation of the application by the employer.

4. I had returned to Korea, and was informed that I would have to leave again to process the E7 visa. However, as I understand it, I was legally entitled to work since I already had an active E2 visa that had not been cancelled by my previous employer. I was instructed to attend to immigration with my previous employer to cancel my previous E2 visa.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Sep 04, 2006 12:36 am    Post subject: Re: Ttompatz reply Reply with quote

justin moffatt wrote:
In response to ttompatz:

1. I had left overseas, however, they could not process my documents in time. Therefore, the company stated that my E7 application had been submitted but not processed, I was instructed to go overseas again to process the application. I shortly resigned thereafter. However, I had engaged in employment duties for two weeks before providing my two weeks notice.

2. Thanks for the website. Very helpful and useful.

3. I will post all information regarding this employer after the issue has been dealt with. I am concerned about not being paid and cancellation of the application by the employer.

4. I had returned to Korea, and was informed that I would have to leave again to process the E7 visa. However, as I understand it, I was legally entitled to work since I already had an active E2 visa that had not been cancelled by my previous employer. I was instructed to attend to immigration with my previous employer to cancel my previous E2 visa.


Well, I hate to be the bearer of bad news, but you are in one UGLY kettle of fish.

Unless your previous E2 had been canceled by your old boss, there is NO E7 application to worry about.

You couldn't legally work because you had NOT added the workplace to your current E2 (addition or change of workplace application at immigration) and they couldn't begin the E7 with your current E2 in place.

That is the good news.

Now the bad news. You don't have a leg to stand on in regards to recovering your wages and / or other expenses in regards to your illegal employment.

You can't file with the labor board because you were/are NOT legal.

You MAY be able to file a lawsuit to recover your out of pocket expenses and the costs of coming here but the legal costs will outweigh any benefit you may accrue because there are no punitive damages to be awarded here (you can't claim for lost wages or job opportunities because it was illegal for you to work in the first place).

Sorry if that was NOT what you were hoping to hear but I think you are going to get burned in a big way.

Cut your losses, leave now, you have NO obligation (legally or morally) to continue your illegal employment. Get your E2 cancelled and find a nice job.

.
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justin moffatt



Joined: 29 Aug 2006

PostPosted: Mon Sep 04, 2006 4:47 pm    Post subject: In response to ttompatz: Reply with quote

Thanks for the encouraging reply. Very Happy  Let me clarify a few points. Immigration messed up and processed an application for the E7 visa when my E2 visa had not been cancelled. The evidence seems to show that the company had an inside person at immigration that they pay under the table to process visas. In fact, the company freaked out when I went with my previous institution to immigration to cancel my previous E2 visa. At immigration, I also requested to cancel my E7 application. Immigration indicated that they would contact my previous employer. My previous employer was not happy. I had followed procedure exactly as requested by immigration. They even provided me a vacate order to which I complied with and came back to Korea. The immigration officer that I dealt with originally claimed that �the previous employer has to cancel the application in order to process any new work visas with any new employers�. The previous employer has refused to cancel it, thereby preventing me from obtaining any new employment. In fact, while overseas I was waiting for my new work visa with a university to be processed. However, the previous employer (although had agreed so by e-mail numerous times) did not cancel the E7 application. Therefore, I could not process the new work visa and was jobless upon returning to Korea.

I contacted the Migrant Workers office and requested them to act on my behalf to get the previous employer to cancel the application as they had agreed to. My previous employer claimed that they would cancel the application. To date, the application has not been cancelled. As a result of the inaction of the application cancellation, I have been unable to gain legal employment and losing potential income by the day. As you mentioned, obtaining legal counsel is expensive, and with no income, almost impossible.

One last point, I obtained a letter of release from my previous institution which I provided to the company. Unfortunately, with new immigration regulations this is not enough to cancel an E2 visa anymore. The previous employer must go down with the employee to immigration together to cancel the visa. Just imagine now how much control the employer has over employees.

Hence, my request for help on this matter, which I much appreciate.
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