rupa
Apr 10 2008, 10:36 AM
Hi Folks,
Has anyone out there entered the U.S. through Calgary and activated their K1 and received an EAD stamp? I am wanting to collect EI as soon as possible when I cross the border and I understand that I must have an EAD stamp to do so.
Thanks
Cassie
Apr 10 2008, 10:41 AM
I used Calgary as my POE and I do not remember getting the temp EAD stamp. You can ask going through, but there are no guarantees on getting the stamp at any of the PFI's.
Have you checked out the EI thread pinned in this forum? I don't think the EAD stamp is necessary for applying for EI...... haven't checked on the requirements lately so don't take my word for it.
Carlawarla
Apr 10 2008, 11:44 AM
You can apply for EI with a K-1 visa. You may or may not get a stamp at the Calgary POE. Highly doubtful. Don't wait for your ROE, apply as soon as you get there. Actually you should probably apply within one month of quitting your employ to come to the USA. Anything after that might disqualify you. When you get your ROE, you can send it in. You'll get benefits, if you qualify up until your I-94 expires. Then your benefits will be suspended until you fax them your EAD card once received. Read the pinned threads on EI at the top of this page in the Canadian Forum.
rupa
Apr 10 2008, 03:44 PM
QUOTE(Carlawarla @ Apr 10 2008, 12:44 PM)

You can apply for EI with a K-1 visa. You may or may not get a stamp at the Calgary POE. Highly doubtful. Don't wait for your ROE, apply as soon as you get there. Actually you should probably apply within one month of quitting your employ to come to the USA. Anything after that might disqualify you. When you get your ROE, you can send it in. You'll get benefits, if you qualify up until your I-94 expires. Then your benefits will be suspended until you fax them your EAD card once received. Read the pinned threads on EI at the top of this page in the Canadian Forum.
Thanks, much appreciated!
flames9
Apr 10 2008, 04:19 PM
Ya its the poor K3's that have to wait for the actual EAD before they can get EI!!
Texanadian
Apr 13 2008, 01:00 PM
Carlawarla is 100% right.
File for EI as soon as you cross the border. Like the day after you get to your new home. I didn't get the EAD stamp at the border. And was told by the border agent that I wouldn't be allowed to work in the US until after receiving the post-marriage EAD card.
So I didn't file for EI until I'd sent off the EAD application. Canada EI wanted to know why I filed so late. I said because they wouldn't give me the work authorization stamp that your instructions ask for. They then said well all you needed to send us was the I-94. You consider the I-94 as valid work authorization? Yes.
I asked to backdate my application. No, you'd have to appeal it.
I appealed it and was DENIED.
I was approved for EI after receiving the EAD card. But those initial 90 days were a lost cause.
So file for your EI asap after entering the US. It's not just those initial 90 days you could lose. They factor in your hours worked going back one year from the day you apply, not from the last day of your job. So if you quit working on June 1st but don't file until August 15th, they'll use August 15th 2008 back to August 15th 2007 to calculate your hours. So they're using 9.5 months rather than 12 months to count the amount of hours you've put in....In my case my 2200 hours on my Record of Employment got bumped back to around 1400 hours.
On your cards you mail in and any paperwork EI sends you, you'll be filing as ready to work, yes I can work, work visa yes etc. Canada EI considers K-1's able to work during the 90 day window based on having an I-94 regardless of if you have the stamp or not.
rupa
Apr 14 2008, 09:13 AM
Thanks so much for the info!!
hheaven67
Apr 14 2008, 06:05 PM
Does anyone know why the K3 spouse can't get EI as opposed to a K1 fiance? Neither are able to work until they go thru AOS so why should a fiance take precedence over a spouse? This baffles me but then again, its the government we're talking about...
Thanks...
jen
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