Hi everyone. I've been in Korea on E2 Visa since 4/2009 and just recently tried to obtain a job, but obviously denied due to the SOFA ordinary resident rule.Stupid rule if you ask me because I am still an American citizen and pay my State Federal taxes each and every year since I have been here.Here are my questions: I have read some answers about leaving Korea every 90 days and go to USA. I have a couple of questions: 1. Is a weekend trip sufficient to Guam?2. Does it matter is I am in Korea on an E2 visa and not a tourist visa? Any additional information or advice is greatly appreciated.Thank you!!!!
I don't know that leaving the country and coming back would make a difference. Even fully qualified military dependents have a hard time getting civilian jobs on post here. A large number of the jobs go to Koreans. Even without that, the definition I've found for an 'ordinary resident' is as follows: Ordinary Resident of U.S. A person who normally lives in the U.S. To meet this definition, an individual must normally maintain a residence in the U.S., receive their mail there, and have their household goods at their U.S. residence, etc. (Note: “Ordinarily resident” is not identical to “legal residence” even though a person may be “ordinarily resident” at his place of “legal residence”. The term “ordinarily resident” refers to the place where a person is actually living in other than a transient or temporary capacity at the time of hire. Where one is “ordinarily resident” is a question of fact and law. Normally it is straightforward and can be determined by looking at where one is physically domiciled at the time of hiring.) Since you obviously live in Korea, it is unlikely that they would give you a job, if you left the country and came back. You would likely have to move back to the States entirely, then reapply and only return once you were given the job.
Your statements are unclear, are you asking about SOFA status, jobs with the military (on the base, or actual government or GS jobs?) It seems as if you are trying to obtain employment with the military, not to enlist as an active duty member? So you are living in Korea, but not as a military member or a dependent of a military member, therefore you are not eligible for SOFA status. The rules are the rules, whether you think they are stupid or not. Then you also seem to be asking about your E2 visa guidelines? Not sure exactly what to answer here. You might contact the US embassy there for specific direction. Maybe clarify your question a little so we can understand what you are actually asking and what your employment goal is.
