Ask Headmaster Ken

My employer requires a 3-month notice to leave. I have been offered a job starting January 4. I gave my official notice November 10th, a total of 8 eight weeks in advance. If my employer will not release me can I just return home and get a completely new visa with an invitation letter from my new employer? I have heard of this being done in the past.

Returning home won't change the fact that the earlier breach of contract will show up in the PSB database when the new employer applies for a work certificate and invitation letter.

If your current employer refuses to release you on 8-weeks' notice, you will then need to contact the prospective employer and make certain they understand the complete set of circumstances, i.e., current employer required 12-weeks' notice, you gave 8 and that because of this you will be coming to them without an official letter of release or recommendation. Either they can work with this scenario or they can't. If they can, fine; if not, you will need to sit down with the current employer and negotiate a reduced breach penalty in exchange for the paperwork you need. There are very few problems in China that some money can't fix.

Returning home is completely unnecessary and pointless in this case because it won't change the outcome.