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Work Permit With Non-Imm 'O'


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This is a digression from a discussion on another thread.

A friend is here on a non-immigrant 'O' multi-entry visa. He has been offered work and his prospective employer wants him to do a visa run to Laos to get a non-immigrant 'B'.

I was informed that an extension of stay based upon a work permit can be processed with a non-immigrant 'O' visa and a non-immigrant 'B' visa is therefore not required.

He asked his employer to process the work permit/extension of stay using his non-imm 'O' but the employer seems to think this can only be done in the case of an 'O' visa on the grounds of marriage. His 'O' was issued on the grounds of visiting family. His father lives here on a retirement visa.

So, can his work permit/extension of stay be processed on his current visa or is a visa run to obtain a non-imm 'B' necessary?

Thanks for your insight.

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Thank you. Now my friend has to convince the woman in the office of his prospective employer that a visa run is a pointless waste of his time and money.

Knowing guys who have been through this, its a lot to do with the labour office the company is dealing with, some will issue on Non-imm O...other insist it has to be a "B"....even though not "legally" required..

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I've been through this. It can even come down to who is working the desk at the department and who is doing the asking.:shock1:

I would not personally choose to exchange a non-O that gives me control over exit and entry to the Kingdom for a non-B that gives me a week to clear out if the job goes tits up for any reason.

I can imagine how some employers might see it differently. IMHO, if the business needs convincing that there isn't an alternative to a non-B I'd at least think it through a couple of times.

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I've been through this. It can even come down to who is working the desk at the department and who is doing the asking.:shock1:

I would not personally choose to exchange a non-O that gives me control over exit and entry to the Kingdom for a non-B that gives me a week to clear out if the job goes tits up for any reason.

I can imagine how some employers might see it differently. IMHO, if the business needs convincing that there isn't an alternative to a non-B I'd at least think it through a couple of times.

An "O" or a "B" Visa doesn't make any difference so far as control over exiting, it is the purpose for the "Extension of Stay" that makes the difference. It didn't appear from the Op's description that the friend is married, so he may not have a choice for the reason of extension.

Edited by beechguy
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I've been through this. It can even come down to who is working the desk at the department and who is doing the asking.:shock1:

I would not personally choose to exchange a non-O that gives me control over exit and entry to the Kingdom for a non-B that gives me a week to clear out if the job goes tits up for any reason.

I can imagine how some employers might see it differently. IMHO, if the business needs convincing that there isn't an alternative to a non-B I'd at least think it through a couple of times.

An "O" or a "B" Visa doesn't make any difference so far as control over exiting, it is the purpose for the "Extension of Stay" that makes the difference. It didn't appear from the Op's description that the friend is married, so he may not have a choice for the reason of extension.

In my case, when I returned the work permit, I still had a number of months on the "O" visa and enjoyed them. It's my impression that had I converted to a B, ending the employment would have terminated the visa. Of course, I could be wrong and it's true the OP may not have other options for extension of stay. My employer took care of all of the paperwork, including the fees, and it was all done in-country except for the initial non-O, so all I did personally was sign pages and pages of copies of my passport, multiple times supply pictures and a couple of documents, and show up to pick up the work permit..

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If you are working on a 'B' (or 'O') without an extension of stay, then only the WP is cancelled once your employment is finished, hence your 'B' remains valid. If you obtain an extension of stay (which effectively cancels the 'B') , this is contingent on you obtaining a WP first, which is linked to your job. Ergo, employment ended = WP cancelled = extension cancelled = 24h to get out of dodge; although a 7 day extension can be had for 1900B.

Am I making any sense? I doubt it.<_<

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I have recently been given a contract by a well known language center. It states that I need to get a Non Immigrant B visa, however I have a Non Immigrant O, I questioned them about it and they told me it was a standard contract they used for teachers, and not to worry about it as I could use my Non Immigrant O visa for the WP.

Maybe your friends new company are using a standard contract too, and have not been diligent and changed the wording for him.

Just get the office girl to phone the local Ministry of Labour office.

Edited by beano2274
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I've been through this. It can even come down to who is working the desk at the department and who is doing the asking.:shock1:

I would not personally choose to exchange a non-O that gives me control over exit and entry to the Kingdom for a non-B that gives me a week to clear out if the job goes tits up for any reason.

I can imagine how some employers might see it differently. IMHO, if the business needs convincing that there isn't an alternative to a non-B I'd at least think it through a couple of times.

An "O" or a "B" Visa doesn't make any difference so far as control over exiting, it is the purpose for the "Extension of Stay" that makes the difference. It didn't appear from the Op's description that the friend is married, so he may not have a choice for the reason of extension.

In my case, when I returned the work permit, I still had a number of months on the "O" visa and enjoyed them. It's my impression that had I converted to a B, ending the employment would have terminated the visa. Of course, I could be wrong and it's true the OP may not have other options for extension of stay. My employer took care of all of the paperwork, including the fees, and it was all done in-country except for the initial non-O, so all I did personally was sign pages and pages of copies of my passport, multiple times supply pictures and a couple of documents, and show up to pick up the work permit..

ELCata is correct. Again, it wasn't the choice between an "O" or a "B", or even the work permit itself that would have caused you to have to leave upon termination of employment. It would be if you had a one year "Extension of Stay" based on your employment, then your stay would no longer be valid after termination.

Edited by beechguy
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Me again.

My friend states the woman in the office states this can only be done if the applicant is married or supporting a child. I am convinced the woman is confusing

i) processing a work permit/extension of stay on a non-imm 'O' with

ii) applying for an extension of stay on a non-imm 'O' on the grounds of marriage or supporting a child.

These are 2 unrelated issues.

Just a reminder, my friend's non-imm 'O' is based on the grounds of visiting family as his father lives here on a retirement visa.

So, my friend is pretty much resigned to doing an unnecessary visa run along with the associated hassle, time and cost. He's even asked me to accompany him as he is not confident of solitary travel in Asia away from Bangkok/Pattaya! Just to compound matters, the woman in the office is saying he should go to Savannakhet rather than Vientiane as that is what previous foreign employees have done to get their non-imm 'B'.

However, as a last throw of the dice with the woman in the office, can anyone here provide a link to the appropriate regulations either in Thai or English to see if he can convince her to give it a go and submit the work permit application to the Labour Department with a non-imm, multi-entry 'O' as the current visa as the basis for current permission to stay in the country.

Thanks for any help.

:)

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I had an extension on a Non-O done some years back on the basis of work (with WP).

That made the case of suddenly having the WP canceled [and not informed] and being a few days on overstay later, but that is another story...he can extend himself based on family and monthly income [if married] but most companies do it based on 'work', hence both Non-O and Non-B works.

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Thanks for you time and advice again, Mario. I will pass on your comments to my friend.

Supposing my friend acquiesces and does the visa run for the unnecessary non-imm 'B',

1) Does he require as part of his documentation for the Thai consulate some kind of proof that a work permit has been applied for?

2) Either way, (yes or no) what is this proof? (form number etc. e.g. ร.ง. 1 ror ngor 1. I can read and write Thai so you use Thai letters if you want)

Many thanks for your help.

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