Non-Immigrant B to Non-immigrant O - Need to plan

[canerandagio]

Hi all,

 

Need some advice on this one.

I am EU citizen, I meet all the requirements for the Non-O Retirement, and I had one before.

I am currently employed, with regular Non-Immigrant B and WP (BOI).

 

My problem/question is this.

My employment contract will end on 31st December, and I will not renew.

My company will cancel my Business Visa and WP and I will need to apply for Non-O retirement again.

 

I need to plan it so that everything happens smoothly and - hopefully I do not have to leave the country.

I am well aware that I can leave the country, come back as a tourist and apply for Non-O retirement, but I don't want to do that, I want to stay in the country.

And obviously I want to stay working until the very last day.

 

My questions:

1 - When should I cancel my Non-B and WP? Before the end of the contract?

My thinking: if I cancel before the end of the contract I won't be able to work, right? And if I cancel after the end of the contract I will be on overstay, right?

 

2 - When should I apply for the Non-O retirement?

I guess this depends on the first question?

 

In other words, can someone please help me plan this properly so that I can continue working until the end of the contract, not leave the country and get my Non-O retirement.

There is also the added complication of public holidays, being the new year.

 

Thanks in advance.

 

 

 

 

 

 

 

 

[ubonjoe]

20 minutes ago, canerandagio said:

1 - When should I cancel my Non-B and WP? Before the end of the contract?

My thinking: if I cancel before the end of the contract I won't be able to work, right? And if I cancel after the end of the contract I will be on overstay, right?

I assume you are on a extension of stay not a 90 day entry from a non-b visa.

The end of you contract does not really matter.

You will need a termination letter from your employer stating your last day of work and then on or before that date you cancel your extension of stay at immigration.

 

20 minutes ago, canerandagio said:

2 - When should I apply for the Non-O retirement?

I guess this depends on the first question?

The same day you do what I mentioned for number 1.

[canerandagio]

4 hours ago, ubonjoe said:

I assume you are on a extension of stay not a 90 day entry from a non-b visa.

The end of you contract does not really matter.

You will need a termination letter from your employer stating your last day of work and then on or before that date you cancel your extension of stay at immigration.

 

The same day you do what I mentioned for number 1.

Thanks Ubonjoe.

Regarding your assumption, I think it's correct, maybe you can validate this thinking of mine.

I was on a 1 year extension ending June 2020 until 1st October. Then my company closed down and we were all transferred to a related company. As a result of that my extension of stay was cancelled and so was my work permit. I applied again for 'something' related to the new company and a new stamp was put on my passport saying: 'Extension of stay permitted until 31st December'. Incidentally this was on 1st October, which makes it exactly three months validity (90 days), but it's not a new entry, it's an extension isn't it? It's just a change from the previous extension.

 

This said, now I'd like to clarify about your answer.

My company through an agency will cancel my visa and WP. I will hand my passport to them (as I did in September when we did the company swap) and they will do what you suggest, stating when my last day of work is.

Then I will do as you said, I will apply for the Non-O visa. My questions:

- Will my ability to work be impacted by my request for the non-O visa? The agency I spoke with today said (but I don't trust them much) that if I get the Non-O visa quickly after my application, before the end of my contract, that will make me unable to work legally. 

On the other hand, if I don't get my non-O visa before 31st December it means I will have to leave the country before the new year to avoid overstay?

So - unless I am missing something - I seem to be stuck between having to stop work early or ending up on overstay. Unless there is some kind of flexy mechanism to allow this transition.

 

My ideal scenario:

- Apply for Business visa and WP cancellation on 23rd December

- File application for Non-O on 23rd December.

- Filing the application grants permission to stay in the country for the time it takes to get the non-O visa.

- I can continue working until 31st December regardless of when the non-O visa is granted.

Is this at all possible?

 

Thanks in advance.

 

Edited November 7, 2019 by canerandagio

[ubonjoe]

First you will not be applying for a non-o visa. You can only do that at a embassy or consulate Or at immigration if you are on a visa exempt or tourist visa entry.

You will be applying for a one year extension of stay based upon retirement on the same day your current extension of stay based upon working is canceled.

I suggest you do everything the last week of December. Go to immigration with a termination letter to have you current extension of stay canceled and then apply for the extension based upon retirement.

[canerandagio]

15 minutes ago, ubonjoe said:

First you will not be applying for a non-o visa. You can only do that at a embassy or consulate Or at immigration if you are on a visa exempt or tourist visa entry.

You will be applying for a one year extension of stay based upon retirement on the same day your current extension of stay based upon working is canceled.

I suggest you do everything the last week of December. Go to immigration with a termination letter to have you current extension of stay canceled and then apply for the extension based upon retirement.

Thanks.

Are you able to tell me about the timing and my ability to work? 

I.e. if I am granted the extension before the end of the year, will that compromise my ability to work? and if I get it after the end of the year will I be on overstay?

[ubonjoe]

if you canceled your extension and applied for a extension on retirement on December 27th would you be working from the 28th to the 31st?

You could ask your employer to date the termination letter for the 2nd or 3rd of January and apply then.

[canerandagio]

27 minutes ago, ubonjoe said:

if you canceled your extension and applied for a extension on retirement on December 27th would you be working from the 28th to the 31st?

You could ask your employer to date the termination letter for the 2nd or 3rd of January and apply then.

Thanks. It's going to be messy. from 27 to 31 yes I would be working.

I'll see what can be done. Thanks a lot.