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Q: Need to absolve contract. How?

Howdy Reddit, Currently USA'er with Ed Degree trying to figure out consequences for immediate contract disolving.

Currently in Beijing China, signed a contract with school in June that is trying to get me a visa, but has been unable to because the Chinese Visa Bureau thinks my degree is Art, (My degree is small only says bachelor of arts, rather than History and Education)

After they failed to get the online process completed (x2) i signed with a public school, i received my documents from the school under the guise that i was using a 3rd party to get my visa approved. Sent my docs to a new school, signed a new contract with the new school (pays 33% more, environment is much more professional, way more USA foreigners with ED degrees) I find out if online process was accepted on Monday (tomorrow). no matter if it fails, i will work at second school. 

Question: how do I get out of the first contract, do i ghost? whats the fallout? 

Training for new school starts Monday... (tomorrow) interested in how to proceed.

6 years 31 weeks ago in  Business & Jobs - China

 
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If the visa failed (x2), then you have ZERO obligation towards them.. As simple as that! No ifs, buts or maybes!!

 

End of story.

 

Go directly to jail, do not pass Go, do not collect $200. (well, maybe not the first or last of those...)

 

HOWEVER.... the chances of you getting the visa ok'ed in the same city (Beijing) is much less likely, given you've had 2 rejections. They will be using your passport number in the system, so if they get 2 rejections, it's unlikely they'll accept it on the third attempt... at least, for the same city/province. But, you never know! I've heard of it happening! Maybe if you have a good HR person in the second school, or the agent has more contacts.... (or, quite possibly, if the first school didn't actually do the submission, and has been lying to you all along!)

Marcos_Cisneros:

Very astute advice, Shining Brow, and it rather underlines what I wrote above. I have reread and reread the op and I cannot determine exactly how many schools have been involved in the process so far.  In terms of the rejection, it might also depend at what level the rejection was made.  If the application was simply rejected at the intake clerk for improper or insufficient documentation, that would be one thing.  If, however, the intake clerk at the PSB or the FEB passed it along, after online processing for level two approval, then you would be 100% correct.  Additionally, these days all PSB computers in all provinces talk to each other.  In the past, changing provinces would have been an option as some provinces were more relaxed than others.  That is no longer the case.

Additionally, it might help to know on what grounds the application was rejected.   A rejection of a degree being a Bachelor of Arts over a degree being a Bachelor of Fine Arts would be out of line with the Chinese way of doing things.  If, however, under the new rules, the degree were not a Bachelor's degree of any kind, but rather a two-year Art School diploma, that again would change everything.

6 years 31 weeks ago
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6 years 31 weeks ago
 
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Shifu

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Depends on what your contract says. I assume that you are under a probation period. Does that give you an out? Ghosting can come back to haunt you later when you try to renew a visa or if you are marked in Chinese systems. As of now, it appears that you are illegal in China, as you have two signed contracts for employment. That is a big no-no.

Blondie_:

but could also be the first school trying to hire illegally.

 

there are so many possibilities in a case like this.

 

again, not complete information given from a first time poster for a proper answer

6 years 31 weeks ago
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Shining_brow:

Sorry Nash - downvote, because all that is irrelevant if they couldn't get the visa!

 

If no visa, then the whole 'contract' is null and void.

 

( I suspect the 2nd school might be able to do it if they have a decent HR person...)

6 years 31 weeks ago
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dom87:

decent HR... China... lol

6 years 31 weeks ago
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6 years 31 weeks ago
 
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Shifu

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If you signed with the first school in June and they have failed to complete the process needed in two months, it sounds like you gave them a reasonable amount of time to do so.

 

Any legitimate place, who can legally hire a FT, and wants to hire a teacher, will make an effort to complete the process within 2-3 weeks. Maybe even faster.

 

Did the first school give a reasonable explanation as to why they took so long getting the documents to you, or did they just ignore you?

Why did they procrastinate? Any ideas?

if it was an online application process, it should not have taken so long.

Was the first school looking for a FT who was (possibly) cheaper than you and failed to do so, so they are now getting back to you? Who knows?

 

If you found another school, signed and got the proper documents etc since being in communication with the first school, i'd say go for it.

They sound more serious about getting a teacher in place and not pissing you around.

 

the first school?

are they in the same city as the second school you are starting with?

if the schools are not in the same city, maybe ghosting the first one is an option

Shining_brow:

(Oh... I 'accidentally' upvoted you. I was going to downvote, cos apparently that's the in thing to do....

 

You can call me M_C Downvote 

6 years 31 weeks ago
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6 years 31 weeks ago
 
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I can understand the panic but some precise information please.

 

1.  What kind of a visa do you presently hold?

 

2.  If you are holding a Z visa, and I cannot discern that clearly, that was issued against your original school, with attending documentation, things could be a little dicey.

 

3.  If you are NOT holding a Z visa, but rather any of the other visas, and your original school was unable to process a Z visa for you, and the process reached a dead end, then the situation is resolvable, not easily, but still resolvable.

 

4.  If you are holding a Z visa from the original school, and you were issued a residence permit and work permit against the original visa, and you are under legal contract with them, and then you have signed another contract with a school in Beijing, there is no easy way out, not under the current set of rules.  Beijing is highly computerized in terms of the PSB.

 

5.  I also cannot discern how many schools in all are involved?  Two?  Three? Plus an agency?

 

If no documents issued against the first visa request, and I mean "no", then you are safe.  If any series of any documents issued against the first visa request, and you are in the PSB and/or the FEB system, then, as I said, things will be dicey.

 

Please clarify.

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6 years 31 weeks ago
 
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"Howdy Reddit, Currently USA'er with Ed Degree trying to figure out consequences for immediate contract disolving."

 

 

Says it all, this ain't Reddit

 

 

Contract is already dissolved because they couldn't  get you a visa. 

 

There's a lot confusing about your post that leads me to believe this story is bogus. 

You claim to have an Ed degree but your degree doesn't say that. I go no further than that , get your money back from whoever sold you that bogus degree.'small degree'

 

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6 years 31 weeks ago
 
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If the visa failed (x2), then you have ZERO obligation towards them.. As simple as that! No ifs, buts or maybes!!

 

End of story.

 

Go directly to jail, do not pass Go, do not collect $200. (well, maybe not the first or last of those...)

 

HOWEVER.... the chances of you getting the visa ok'ed in the same city (Beijing) is much less likely, given you've had 2 rejections. They will be using your passport number in the system, so if they get 2 rejections, it's unlikely they'll accept it on the third attempt... at least, for the same city/province. But, you never know! I've heard of it happening! Maybe if you have a good HR person in the second school, or the agent has more contacts.... (or, quite possibly, if the first school didn't actually do the submission, and has been lying to you all along!)

Marcos_Cisneros:

Very astute advice, Shining Brow, and it rather underlines what I wrote above. I have reread and reread the op and I cannot determine exactly how many schools have been involved in the process so far.  In terms of the rejection, it might also depend at what level the rejection was made.  If the application was simply rejected at the intake clerk for improper or insufficient documentation, that would be one thing.  If, however, the intake clerk at the PSB or the FEB passed it along, after online processing for level two approval, then you would be 100% correct.  Additionally, these days all PSB computers in all provinces talk to each other.  In the past, changing provinces would have been an option as some provinces were more relaxed than others.  That is no longer the case.

Additionally, it might help to know on what grounds the application was rejected.   A rejection of a degree being a Bachelor of Arts over a degree being a Bachelor of Fine Arts would be out of line with the Chinese way of doing things.  If, however, under the new rules, the degree were not a Bachelor's degree of any kind, but rather a two-year Art School diploma, that again would change everything.

6 years 31 weeks ago
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6 years 31 weeks ago
 
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Shifu

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Don't even worry about it. From the info you gave, that school may not have been a legal school anyway. It is difficult to tell. Take your new job and be happy. Just because it is in Beijing doesn't mean they know a lot. One recruiter in Beijing told me I could work on a Family visa. A year later, after teaching the whole year, the PSB told me I couldn't teach. I taught the following year on my work visa for a company in Sichuan. No problems

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6 years 31 weeks ago
 
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....."USA'er"?  Seriously?!  Who says that?!  Certainly none of the Americans that I have come across. 

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Seems confused. Are you a student or a teacher?

 

If a teacher, When you get your ABC work permit card, scan the QR code with WeChat. It will tell you who your employer is.

 

The new work permit system is designed to stop school scams.

 

If you are a student applying for an X visa, why are you getting paid?

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