Change from Non B to Non O visa?

[FruitPudding]

Hi everyone, 

 

I am currently working on a Non-Immigrant B visa, but would like to switch to Non-Immigrant O (based on child legitimization). 

 

I already got the child legitimization done with the registrar at the amphur.

 

Just wondering if I can switch visa in the country or do I have to leave.

 

By the way, I may wish to continue working with same employer. That is still to be decided. I just don't want to rely on my employer for the visa anymore, even if I do keep working with them.

 

Another additional complication is that I may move to Bangkok (from upcountry). How does that work with current Non B visa and/or switching to Non O?

 

Sorry for complicated post.

 

Any insights much appreciated.

 

Thank you

[ubonjoe]

You could change the reason for your extension from one based upon working to one based upon being the parent of a Thai near the end of you current extension.

You will need a letter from your employer requesting your extension be canceled so you can apply for the new extension. You would have to apply for the new on the day it is canceled.

[FruitPudding]

4 minutes ago, ubonjoe said:

You could change the reason for your extension from one based upon working to one based upon being the parent of a Thai near the end of you current extension.

You will need a letter from your employer requesting your extension be canceled so you can apply for the new extension. You would have to apply for the new on the day it is canceled.

Thanks. So, I'd be on a Non B based on being a parent? Or would it change to an O?

[ubonjoe]

20 minutes ago, FruitPudding said:

Thanks. So, I'd be on a Non B based on being a parent? Or would it change to an O?

I am sure your non-b visa has already expired unless you are actually on a multiple entry non-b visa.

When you change the reason for your extension your original entry on a non-b visa would not change.

[FruitPudding]

3 minutes ago, ubonjoe said:

I am sure your non-b visa has already expired unless you are actually on a multiple entry non-b visa.

When you change the reason for your extension your original entry on a non-b visa would not change.

Ah, okay, my mistake. I have been on extension of stay for the past 5 years. I just thought that it was extending the Non B every time, lol.

 

Thanks for the help.

 

And would my extension of stay (based on being legal father) be for 1 year as well?

[ubonjoe]

3 minutes ago, FruitPudding said:

And would my extension of stay (based on being legal father) be for 1 year as well?

Yes it would be for a year.

[FruitPudding]

Just now, ubonjoe said:

Yes it would be for a year.

Great, thanks.

 

I know a guy who only gets a 60 days, but I think that is just with birth certificate, not legitimization.

[ubonjoe]

17 minutes ago, FruitPudding said:

I know a guy who only gets a 60 days, but I think that is just with birth certificate, not legitimization.

That would be an extension to visit his child. He is probably extending entries from a single entry non-o visa.

[FruitPudding]

How does it work when we change locations? Do we just report to the new local immigration office as normal (90 day reports, extensions etc. etc) or do we have to do anything else to "register" ourselves at the new immigration office?

[ubonjoe]

17 minutes ago, FruitPudding said:

How does it work when we change locations? Do we just report to the new local immigration office as normal (90 day reports, extensions etc. etc) or do we have to do anything else to "register" ourselves at the new immigration office?

To change your address you use a TM28 form and/or a TM30 form.

[FruitPudding]

So, just to update on this: my local immigration said I could extend based on visiting my child for 60 days or 1 year. Though it is not the same as having a Non O (I cannot work on it). I would have to apply for that visa at a consulate outside of the country.

 

And I just have to do the extension once my work permit expires.

 

I think think is mostly in line with what Ubon Joe said.

 

Though I had hoped the extension of stay would allow me to work as well like when extending a Non O, but anyway...

[ubonjoe]

6 minutes ago, FruitPudding said:

Though I had hoped the extension of stay would allow me to work as well like when extending a Non O, but anyway...

You can get a work permit and work with a non-o visa entry or a extension of stay based upon being the parent ot a Thai.

[FruitPudding]

6 minutes ago, ubonjoe said:

You can get a work permit and work with a non-o visa entry or a extension of stay based upon being the parent ot a Thai.

They said I have to leave the country and apply for a Non O for that.

 

They said all I can do inside the country right now is change my extension based on work to an extension based on visiting my child and that I cannot work on that.

[ubonjoe]

17 minutes ago, FruitPudding said:

They said I have to leave the country and apply for a Non O for that.

 

They are wrong if you can qualify for one year extension of stay based upon being the parent of a Thai. You would need 400k baht in Thai bank or proof of 40k baht income and proof you are the legal father of you child by way of marriage or legitmization.

17 minutes ago, FruitPudding said:

They said all I can do inside the country right now is change my extension based on work to an extension based on visiting my child and that I cannot work on that.

Again wrong. The 60 day extension to visit your child would be a extension of your current extension based up working.

[JackThompson]

1 hour ago, FruitPudding said:

They said I have to leave the country and apply for a Non O for that.

 

They said all I can do inside the country right now is change my extension based on work to an extension based on visiting my child and that I cannot work on that.

This is common disinformation from immigration.  It is NOT their decision if you "can work" or not - that is up to the Labor department, who issue work-permits.  I have a Work-Permit, which I obtained with a Non-O permitted-stay, based on marriage to a Thai. 

 

The only problem is if you work for a BOI company, because Immigration and Labor are combined there, so Immigration's indemic corruption is mixed-in.  As a result, they WILL deny you an extension/work-permit there, if you have a "family-based" permitted stay.  But the stand-alone Labor Department, which is NOT mixed up in immigration's corruption, WILL issue you a work-permit, if your Non-O is based on Thai-family.  That can be with a permitted-stay from a visa-entry, OR an extension-of-stay from immigration.

 

If you have the 400K in the bank, you should be fine.  But, if trying to use your income from work - even with a work-permit in-hand - a corrupt immigration office/IO could possibly block you (illegally) from getting the extension.   At Chiang Wattana, they will not block you outright using legal Thai-job income - but they will make your employer "re-do" the document-chase needed for your work-permit - obtaining fresh originals of everything, plus more personal tax-documents, pics at the job (if work has gone remote due to COVID - you are bleeped - told this directly), and a special additional "Mr Thompson is paid X salary" document - every hurdle possible they can invent, to stop you from supporting your Thai family.

[FruitPudding]

On 4/28/2020 at 10:43 AM, ubonjoe said:

They are wrong if you can qualify for one year extension of stay based upon being the parent of a Thai. You would need 400k baht in Thai bank or proof of 40k baht income and proof you are the legal father of you child by way of marriage or legitmization.

Again wrong. The 60 day extension to visit your child would be a extension of your current extension based up working.

Well they were very clear on it. I have been to see them twice now. 

 

They said I will lose my current extension based on work when they give me the new one for visiting my child. That means the new extension starts on the day I apply and I lose remaining days on the previous one. 

 

Though now they said there is no need to do the 60 days extension based on visiting my child due to the amnesty til July 31.

 

My employment has ended. I do not qualify for any more extensions based on work.

 

They have said repeatedly that I cannot work on this extension and that it is not the same as extending a Non O. 

 

They said if I want to get a Non O based on having a child and work at the same time I have to go to Savannakhet and apply. They said the consulate will write my reason (supporting child and work) and then I can extend that.

 

Maybe I should try Chaeng Wattana when I move to Bangkok soon.

 

I will qualify for the 1 year extension later this month when the 400k has been in my bank long enough (2 months).

 

EDIT. Perhaps this is not a national requirement and they are confused. What do you think?

 

Also they said I must leave the country and apply for a new visa if I want to change my school.

 

[JackThompson]

50 minutes ago, FruitPudding said:

Well they were very clear on it. I have been to see them twice now. 

 

They said I will lose my current extension based on work when they give me the new one for visiting my child.

No doubt they are telling you what they think should be true, and what they are willing to do or not.  As there is no oversight, they can do anything they want with impunity. 

But, legally, only specific visa-classes prohibit working, while others do not.  The bottom line, is that your permission to work (or not) is the Labor Dept's decision.  They will, generally, not issue a work permit if you are here on a prohibited-class, such as education or retirement (though I recall one case where they did). 
 

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That means the new extension starts on the day I apply and I lose remaining days on the previous one.

This is not standard policy, either.  An extension begins from the date the last one will end.  The virus situation has confused this, such that at least one application (reported here) received MORE time than expected - but no reports I have seen of applying for a 60-day extension, and losing the existing days on their current extension. 

 

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Though now they said there is no need to do the 60 days extension based on visiting my child due to the amnesty til July 31.

 

My employment has ended. I do not qualify for any more extensions based on work.

That part is true.  I assume you returned your work-permit, if your employment has ended? 

But if you are here with a 1-year Non-O extension of stay based on Thai-Family, or a Non-O Visa-Entry, the Labor Dept will issue you a new work-permit for a new job. 

If your current status is "non-immigrant," there is no legal reason you need to leave the country to obtain a different "non-immigrant" extension of stay.  But, some Immigration offices (and the Bangkok BOI office) will simply refuse to do their job. 

 

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They have said repeatedly that I cannot work on this extension and that it is not the same as extending a Non O. 

That is the Labor Department's decision to make - not immigration's.  They resent this, but it is true.  If concerned, ask the Labor Department.  Maybe they do have such a rule/policy for COVID extensions - but I doubt it. 

 

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They said if I want to get a Non O based on having a child and work at the same time I have to go to Savannakhet and apply. They said the consulate will write my reason (supporting child and work) and then I can extend that.

You could go out for that visa - and if living where you are now, it sounds as if you would have no choice. 

 

There is no oversight to force Immigration offices to follow the laws and uphold the duties which they are sworn to..  Many do not, for this reason.  Likewise, they issue extensions that break the actual, published rules, if you pay 7x to 15x more than the cost of your extension through one of their agent-partners.  This "system" (corrupt, kluster-something) is the root-cause of the "problem" they are inventing for you. 

Therefore, it is like dealing with elementary-school children, saying "Are you gonna make me?  Nah, nah, nah!"  This is the mentality of IOs (including supervisors), in some offices. 

 

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Maybe I should try Chaeng Wattana when I move to Bangkok soon.

At least there is a viable path to success.

 

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I will qualify for the 1 year extension later this month when the 400k has been in my bank long enough.

"In the Bank" money will make an application at CW much easier.  Supporting a Thai-family extension using Thai-income at CW is a major pain - both to you and your employer.