I got this in the mail:

...

We are writing to inform you that we cannot pay you benefits as of November 20, 2006.

In order to be entitled to regular benefits, claimants must be able to prove they are capable of and available for work, and unable to obtain suitable employment.

Your status as a non-immigrant prevents you from working in the United States of America, as you do not possess a valid employment authorization. For this reason, payment of benefit is suspended for so long as this condition exists.

...

If you disagree with our decision ... you can appeal it within 30 days of receiving this letter.

...

NOTE: Please forward a copy of your Employment Authorization card by mail or fax, when received, so that we can immediately reconsider the above-mentioned disentitlement.



I thought that K1's were eligible for EI benefits with or without the EAD stamp. I applied in mid-November and my I-94 expired January 28, 2006. I thought that I was entitled to benefits for the 90 days.

Can someone clarify or give advice on what to do?

Any input will be greatly appreciated!

Ihave no clue as I was cr-1 (able to work right away without an ead) But i was denied because they figured since I was Cdn military and broke my contract to get out!! I had to appeal, which involved me writing a lengthy letter explaining my situation! I belive on the appeal proceess you get a few optins, 1) appear in person 2) appear via phone, 3) send a letter. of course there is a time limit to appeal. I went with option #3. Al worked out for me. But of course your k1 and in a total different ball game, I'm sure other K1'er EI people wil pipe up. If you do have to appeal, ensure you write it very well and explain the situaton! I put my wife's Master's degree to work, lol

I was under the impression that you could not apply for EI benefits until you had your EAD?

That was my impression too, until someone clarified it for me in this thread:

http://www.visajourney.com/forums/index.ph...43966&st=15

But now after receiving that letter, it seems to be conflicting information. I am confused and don't know which is true because there are K1's who were eligible for K1 during the 90 days.

I believe when I got denied, there was a 1-800# I called and asked questions, andd they were helpfull

Oops, I meant eligible for "EI" not "K1"

Make a photocopy of the SSA policy page that states that K1 holders are employment authorized and fax it to them....

That worked for us...

Is this the document you speak of?

I'll fax it to them ASAP. Thanks!

We are allowed to apply for EI? Say whaaa? From who?

That's the one...

Yes you can claim EI (from the Cdn gov't) There is a sticky at the top of the page with info!! and I'm sure if you keep scrolling down the pages on the Cdn forum u wil find more info!! Of course one has to have a certain # of weeks to qualify for it,just like you would if you collected it in Canada. I was a cr-1 so no clue about k1 stuff. But there is info out there. Best of luck

Okay....now I'm really getting confused here. I will be moving on March 13th to the US on my K1 and planning on applying for EI. From what I could figure out so far you have to wait till after you move to file and you can't collect till you have your EAD?? I have noticed some say they filed before they left Canada. If you sent the the SSA policy page, can you still collect even if you don't get a work authorization stamp in your passport when you cross the border? My POE will be Calgary and I've heard they don't give the stamp. What happens when that 90 days expires and you don't have your EAD yet? How would you answer the question about being willing, able and ready to work when you report? Do they actually send reporting cards or can you report online?

I applied for EI online two weeks after I moved here, then sent them my original ROE's, copies of my passport bio page, K1 visa and I-94. A couple of weeks later, they sent me my first report card, where I answered "yes" to the "willing and able" question as advised by the fellow VJ'ers here who have successfully collected EI on a K1 (without an EAD stamp/card). Then a few days after mailing off the report card, I received the above denial/ineligibility letter. I just faxed off that policy page from SSA today, so we'll have to wait and see what they say about it. Hopefully they accept it like they did with zyggy. Oh, and I got all report cards in the mail today with dates spanning from when I applied to the date when my I-94 expired. I'll be dropping them off in the mail tomorrow.

You stop receiving EI after your I-94 expires, and it should resume when you send them a copy of your EAD card when you get it.

I just got a call from the lady ("Maureen") handling my case at the Interstate Claims office regarding the fax I sent in (SSA policy page). She kept insisting at first that I still needed an EAD (even though Section C of the policy page says I don't require one to be work authorized). So I asked her if it meant that Section C meant nothing to them. She looked for Section C and read it out loud. Here it is for those still unsure of whether or not you can collect EI on a K1:

"The following lists nonimmigrants, by alien classification, who are authorized to work in the US without specific work authorization from INS. The alien's I-94 will not have the INS employment authorization stamp and the alien will not have an EAD ... K-1 Fiance(e) of US citizen ... "

So, I'm guessing that when she got the fax, she didn't read this part even though I pointed it out on my cover letter. She then asked me several questions about the K1 visa and I-94 and I told her that when the I-94 expires, that's when I no longer have any work authorization (and hence my application for an EAD). It seemed like she didn't know how the process went. She said she would lift my disentitlement but would first double check with the other girl who processes K1 cases.

She also mentioned that the new report card system hasn't been working very well, so she had me verbally answer the report cards. She said I didn't need to send in the ones I just got (but I still will, just in case!). I don't know how the system glitches are affecting the report cards being sent out to everyone else...

Thank you for your reply. I have one more question...... How long is the I-94 good for? Do you get it when you go through your POE?

The I-94 is good for 90 days, and yes, you get it at the POE.

So now that you have sent the SSA Policy page and they start paying you EI.......are you actively looking for work now, do you have to look for work to be able to collect? Do you have to work and then quit your job if you don't get your EAD before the 90 days when the I-94 expires? How would you prove to an employer you are entitled to work if you don't have your EAD? This is all so confusing. Thank heavens there are so many people before us to answer all these questions. Thanks.

Some things are the same for collecting EI in the USA as in Canada. One has to have enough hrs to qualify. And yes you have to be actively looking for work, so best to keep track of where you have looked. They never contacted me, but they have contacted others. I never colected EI in canada, so not spiffy to al lthe rules and regulations, and I was a cr-1, so no clue for stuff regarding k1'ers! One can apply from Canada, or from the USA, i think its more importantly that you apply fairly soon after you quit ur job. I contacted them by the 1 800 #, asked some questions, then gave them my email addy. They emailed me a link to start the EI process online. Followed their instructions. I belive to "fool" the computer one had to put in an an Address from Ontario on one line (vice putting down ur USA adddy) Was a fairly simple process. I recieved the max amt of $$ one can get, and I think after taxes (they deduct 25% )and whatever the current exchange rate was way back then, worked out to about $1000 usd a month (keep in mind exchange rate)
Best of luck

Based on the previous posts and Section C of the policy, am I to believe that we K-1'ers do not have to have an EAD stamp to be able to work for the 90 days that the I-94 is active?

That is, if we are classified as able to work without an EAD because of our classification, under EI standards, does the same logic apply for actually working in the US?

If so, holy sh*t that's amazing. That means I don't have to take the gamble and use the Ambassor Bridge in the hope of getting an EAD stamp (that is still only valid for 3 months).

Any clariffication is greatly appreciated.

Based on the previous posts and Section C of the policy, am I to believe that we K-1'ers do not have to have an EAD stamp to be able to work for the 90 days that the I-94 is active?

That is, if we are classified as able to work without an EAD because of our classification, under EI standards, does the same logic apply for actually working in the US?

If so, holy sh*t that's amazing. That means I don't have to take the gamble and use the Ambassor Bridge in the hope of getting an EAD stamp (that is still only valid for 3 months).

Any clariffication is greatly appreciated.

Just out of curiousity what is the E1 benefit.

The EI = Employment Insurance. It is a tax we Canadians pay when we work, comes off our paycheck. When one gets laid off, fired (for certain reasons) and moving to be with a spouse is another valid reason, we can apply for EI benefits. The amount one gets is based on your salary and how long you worked for, there is a maximum amount and duration one can collect. I think 36 weeks is the max amount of time

No, you can't work without a stamp from the POE. It's a "technicality" that we can collect EI during the first 90 days.

EI = Employment Insurance

Carla

Okay..........getting more confused here....lol......... so can we file and collect right after moving to the US and not have to be looking for work until we do get our EAD? I am curious as to how you fill out the cards then????

Even though you *can't* work without a stamp, you still have to be "looking for work" to be eligible for EI.

Still confused here........... so you can file and collect EI within the 90 day time frame of the I-94 when you actually can't work........ so you have to be sending out resumes etc. actively looking for work......... so if someone offers you a job do you just tell them you are not able to work yet or what? I don't get this. I would really like to get this all figured out as I will be done work on Feb.28th and moving shortly afterwards and filing for EI.........

YOu can look for work.. it's not your fault that they can't hire you without a written EAD...

So why would one bother to look for work when you can't work....... that is a job in itself looking for one. This just doesn't make sense to me.

Welcome to the world of immigration...

I know, eh.

If you want to collect EI bad enough, it won't hurt to send out resumes here and there. Besides, you should have PLENTY of time on your hands while waiting for AOS! And who knows, someone out there might be willing to wait for your EAD and hire you as soon as you get it.

Because you are getting "paid" for the effort via the EI benefits...?

I realize you are getting paid for the effort but if you can't accept a job without an EAD??? Isnt' this kind of being dishonest? I was originally under the understanding that you can't collect until you have your EAD and then are looking for work. I will be filing for my AOS and EAD in Oklahoma City which is under the DORA program (rapid adjustment) so maybe I will be lucky and have my EAD by time the 90 days is up on my I-94 as I am planning on filing approximately one week after I arrive in the US.

Why can't you accept a job? K-1s are employment authorized for the first 90 days.
If an employer will hire you, well, that is their documentation problem actually, not yours.

They set the silly rules, so play by them, lol It may not make sense, but your doing it by the book.

Just an update: I got my EI cheques in the mail yesterday! (Which is weird because I gave them a voided cheque and asked them to deposit it into my account...)

They can not direct deposit EI if ur claiming from the USA. At least they could not in 2005

I got all my $$ direct deposited - so I don't see why you didn't. But congrats all the same!!

I stand corrected!!! Best to call them back up.

Thanks!

I got all the cheques I am entitled to for the 90 days in one envelope. I only got 4 cheques (so 8 weeks)... because I didn't file right away and they added a 2 week "waiting" period (?). I'll call 'em up again to re-request they direct deposit it when I get my EAD/GC and start getting payments again.

For now I guess I'll try to see if my bank here accepts Canadian cheques, and if not, I guess I'll have to send them to my sister so she can deposit them for me. It's a hassle, but hey, it's "free" money... no complaints from me!

Most USA banks wil accept CDn Cheques, but watch out for the fees!!! Wachovia originally wanted to charge me a $75 for EACH cheque!! Luckily the bank manager was there and said that was incorrect. Wachovia didnt charge me any fees,just gave me a so-so exchange rate!! I ended up using Custom house to get the $$ from my Cdn acct to Wachovia, no fees and much better interest rate!!! And yes, they did direct deposit my EI $$$ into my Cdn account!!! oops!! Brains is fried!!

Just called my bank (Wells Fargo) and they said they accepted CDN cheques with no extra fees. They just put a hold on the entire amount until the cheque clears. They'll probably give me a so-so exchange rate as well, but yeah, in the future, I'll get the payments direct deposited and use Custom House. I've used them twice now, and they're actually pretty decent.

When I was talking to the EI representive on the phone I asked if they could direct deposit in my american bank account down here in the US and she hold me that they couldn't ... I then also asked if I could do my cards online as it was taking a week to get me cards then another week for them to get the cards back (which was getting close to the date that I was suppose to submit by) and she told me that I couldn't ...

I didn't have any problems getting my benefits but I did have like a 5 weeks waiting period due to a few things ...

Most banks should accept Canadian cheques though the waiting period for it to clear if over $500 is usually something like 30 days.

I've sent cheques to U.S. friends before and they've always been able to deposit, with no extra fee, but with a waiting period of 30 days.

Yeah, they can't direct deposit to US bank accounts, but they can to Cdn bank accounts. I requested they direct deposit to my Cdn account, then all I'd have to do is use Custom House to transfer the money to my US account.

I didn't know that we couldn't do our report cards online... that would be a better way, just sucks that we can't do it that way. I wonder why.

30 days? That's a loooong wait. I asked my bank how long it usually takes and the rep answered "...however long it takes to clear". It might be quicker to just send it to my sister to deposit, then transfer it here through Custom House...

Al depends on the bank. Wachovia cashed the bank right away. Might have to do how long you have been a customer and how much $$ you have in your account.

Ohhh... I guess my friends I wrote cheques to in the U.S. were crappy customers.

lol, yeah, you know they must bounce checks (cheques) all the time!

Actually our local bank (a single branch) has to send my canadian checks to some state bank they are tied with ... It usually takes about 7 to 10 days for the money to make it to our account ... I can't remember how much we actually got after the exchange rate and bank fees but this was the easiest situation for us ... I do not have a canadian bank account anymore and I didn't want to burden my family members ...

We took the view that whatever we got was great because we were not depending on the money to live it was just extra cash for us ...