Read 6015 times

  • foreignteach
  • Adventurer

    • 28

    • February 18, 2013, 03:10:48 pm
    • Tongyeong, South Korea
E2 Visa Status After Employment Contract Withdrawn?
« on: February 19, 2013, 09:48:22 am »
I want to call immigration to find out what my status will be once my former employer calls them to say the contract's been withdrawn. I'm not sure what information to ask? Thanks for your thoughts and suggestions.


  • foreignteach
  • Adventurer

    • 28

    • February 18, 2013, 03:10:48 pm
    • Tongyeong, South Korea
Re: E2 Visa Status After Employment Contract Withdrawn?
« Reply #1 on: February 19, 2013, 10:51:51 am »
I called and was told that the person to speak to for my area isn't in today and I have to call back tomorrow morning.


  • foreignteach
  • Adventurer

    • 28

    • February 18, 2013, 03:10:48 pm
    • Tongyeong, South Korea
Re: E2 Visa Status After Employment Contract Withdrawn?
« Reply #2 on: February 19, 2013, 01:03:03 pm »
Great news (talked to a more helpful operator the 3rd time I called 1345). I can stay up to 90 days with my current visa and look for a new job. My old visa will be automatically canceled when I do my visa run to Japan. When I return, I'll have no problem getting a new visa b/c I never applied for an ARC. So it WAS more favorable for me to get fired right away; otherwise the ARC would have necessitated a letter of release, which my former employer refuses to give me.

When I told the immigration operator that they're refusing to give me a letter of release, he was really confused. He was even more weirded out when I told him that my former employer's pressuring me to go back to the US immediately and that they had warned me that once they called immigration to update them re: my unemployment, my visa status would be "unstable." Not the case!


  • newb
  • Newgookin

    • 0

    • November 20, 2012, 10:38:27 am
    • South Korea
Re: E2 Visa Status After Employment Contract Withdrawn?
« Reply #3 on: February 19, 2013, 03:08:49 pm »
I hope that's the case.

However, I'd call again and speak to different immi operator to reconfirm.
HEY CAN YOU FILL THE OIL AND CHECK THE GAS PLEASE!!!!


  • Morticae
  • Hero of Waygookistan

    • 1400

    • August 31, 2010, 12:45:33 pm
Re: E2 Visa Status After Employment Contract Withdrawn?
« Reply #4 on: February 19, 2013, 06:32:21 pm »
So you're leaving and coming back on a tourist visa for 3 months? That's what I would have expected. As for your new job search...

Do you still have your valid documents for a job, such as the notarized apostilled background check?


  • foreignteach
  • Adventurer

    • 28

    • February 18, 2013, 03:10:48 pm
    • Tongyeong, South Korea
Re: E2 Visa Status After Employment Contract Withdrawn?
« Reply #5 on: February 19, 2013, 06:38:55 pm »
The person at Immigration that I talked to said I simply need to get my new employer to reapply for the visa with me. When the Visa Insurance Number's been approved, I leave the country to invalidate my old visa and receive the new one at the Korean consulate in Japan, etc. As long as it's been approved before I leave the country, I am reentering Korea on a new E2 visa.


  • Morticae
  • Hero of Waygookistan

    • 1400

    • August 31, 2010, 12:45:33 pm
Re: E2 Visa Status After Employment Contract Withdrawn?
« Reply #6 on: February 19, 2013, 08:30:11 pm »
The person at Immigration that I talked to said I simply need to get my new employer to reapply for the visa with me. When the Visa Insurance Number's been approved, I leave the country to invalidate my old visa and receive the new one at the Korean consulate in Japan, etc. As long as it's been approved before I leave the country, I am reentering Korea on a new E2 visa.

Before you came to Korea, you probably sent your employer (or recruiter) a set of documents, such as a copy of your degree and background check. Right? Those were to be used to secure your visa. Since that school fired you, you'll need those original copies so you can get a new job... your new employer will need them. Right??


  • foreignteach
  • Adventurer

    • 28

    • February 18, 2013, 03:10:48 pm
    • Tongyeong, South Korea
Re: E2 Visa Status After Employment Contract Withdrawn?
« Reply #7 on: February 20, 2013, 08:26:59 am »
I agree that I was fired without just cause -- even according to my contract with that hagwon -- and am on hold with the LB now.


  • Morticae
  • Hero of Waygookistan

    • 1400

    • August 31, 2010, 12:45:33 pm
Re: E2 Visa Status After Employment Contract Withdrawn?
« Reply #8 on: February 20, 2013, 10:44:45 am »
Good luck with the LB, but I don't think you've got much of a chance. Early firings are the easiest to get away with. They've already monitored your teaching and you have no allies in the school from administration or other teachers. Your hagwon disputes the validity of your first contract to begin with, because of errors in start dates. So... it's unlikely you'll get much out of the labor board from my perspective.


  • foreignteach
  • Adventurer

    • 28

    • February 18, 2013, 03:10:48 pm
    • Tongyeong, South Korea
Re: E2 Visa Status After Employment Contract Withdrawn?
« Reply #9 on: February 21, 2013, 06:49:39 am »
Hi everyone. I am going to immigration with my former employers in an hour and have been advised by a new recruiter not to sign anything unless it authorizes me to take another job, since I have a job offer now. Speaking of which, does anyone know about iSponge in Daegu? I have yet to talk to a foreign teacher there so that's my next step.

My teaching was never observed or evaluated, to clarify. I was fired because of a rumor and when I denied saying the crap that the rumor was about, I was fired. The LB said I should have been given written 30 days' notice WITH PAY about why I was being dismissed, so I should open a claim against them. I will mention this at immigration if necessary. My old employer says she's going to stick to 'facts' but she didn't in the case of my being fired, so I'm a little scared but have been told by this new recruiter that, worst case scenario, I'll get about a month's time to leave the country or look for another job.

So maybe no visa run to Japan. That would be great.


  • foreignteach
  • Adventurer

    • 28

    • February 18, 2013, 03:10:48 pm
    • Tongyeong, South Korea
Re: E2 Visa Status After Employment Contract Withdrawn?
« Reply #10 on: February 21, 2013, 11:35:28 am »
In exchange for their cancellation of my visa and the LOR, I agreed to write a letter stating that I will work outside the city this school is in, and that I won't speak or write ill about the school. Shady as this seems, it's no problem and I can bring it to the LB later.

I just want them to cancel my visa already. At immigration they had the chance but didn't. I was also told I could apply for an ARC by myself. Conflicting info all around, as my old recruiter says I'll still need to do a visa run and my new recruiter says the school I left has to process my ARC. I'm just focusing on getting interviews so I can choose a job and go from there.


  • foreignteach
  • Adventurer

    • 28

    • February 18, 2013, 03:10:48 pm
    • Tongyeong, South Korea
Re: E2 Visa Status After Employment Contract Withdrawn?
« Reply #11 on: February 21, 2013, 03:00:06 pm »
Regardless of my signature, the letter is legally invalid if they're asking me to agree to stuff they're not supposed to -- likely the case with leaving the area to work somewhere new. I'm getting conflicting info even from immigration, who is advising me to get a release letter even though my visa's not tied to an ARC. So in order to cover my ass, I need them to cancel my visa, which they've just done (still have 75 days); I need a release letter, I have to get my medical results from the local hospital and bring them with me to my next job, and I may have to apply for an ARC on my own. Weird, right?

The LB says I have a valid claim. It's really too bad they're not open on Saturdays (unless I'm wrong), because I have interviews and e-mails about employment I of course have to attend to.

MEH.


  • foreignteach
  • Adventurer

    • 28

    • February 18, 2013, 03:10:48 pm
    • Tongyeong, South Korea
Re: E2 Visa Status After Employment Contract Withdrawn?
« Reply #12 on: February 21, 2013, 06:39:49 pm »
RE: Release letter -- the signed stamped one goes directly to my new employer, whoever that may be. I have a copy with the word "VOID" superimposed on it because I asked them to please prove they kept their end of our agreement.

I have two job offers on the table, and one doesn't start for a couple of weeks, so once the release letter's sent to my new employer, I can file a claim at LB worry-free. My visa's safe even though it's been canceled by my former employer -- I have 75 days on it to find a job.

I still don't really know if I will apply for the ARC on my own. I've been told to get my health check results from the local hospital where I got it 2 weeks ago before I depart the area, so I've asked my former employer to assist me with that if necessary.


  • Morticae
  • Hero of Waygookistan

    • 1400

    • August 31, 2010, 12:45:33 pm
Re: E2 Visa Status After Employment Contract Withdrawn?
« Reply #13 on: February 22, 2013, 12:11:08 am »
Anyone can apply for an ARC by themselves, it doesn't require a Korean to go there with you, but you will need documents from your employer. I mean, think about it... you're trying to get an ARC with an E2 visa, that's a working visa. If you don't have proof of a job, you're not going to get your ARC. So, you can't get it without an employer. Immigration will require a document proving employment to get or renew an ARC, I know this because I go down every year to renew mine :P


  • foreignteach
  • Adventurer

    • 28

    • February 18, 2013, 03:10:48 pm
    • Tongyeong, South Korea
Re: E2 Visa Status After Employment Contract Withdrawn?
« Reply #14 on: February 22, 2013, 08:54:00 am »
The folks at immigration handed my former employer the visa cancellation form and handed me the ARC application in the same breath. So it's confusing overall.

I'm just going to get employed before doing the ARC stuff. Former employer has the sealed results and has agreed to drop them off to me today :)