start your application once you move
I applied online..

i'm sure the link is in this thread somewhere

WOW I still can't believe that, I had no idea would could be entitled to EI. This will totally help our situation. I will plough through this thread and find out the information. Thanks again. Another quick question, is the cheque mailed to your US address???

I'm not sure if they do that..
I had my taxes set up for direct deposit.. so they did that for my EI

it's not 100% of your previous income..
and a lot of ppl are having different experiences..

I got EI for the first 90 days i was in the US (b/c they assumed that you got your EAD stamp) and then the payments stopped til I got my EAD.

HOWEVER, someone had issues with that recently and they refused to give her payments til she had her EAD..

so.. who knows what they're doing..

As with any govt organization, its all who you speak to,lol

Either way it is better than nothing at all. I had no idea we were entitled to this at all!

Keep in mind one still has to have enough qualifying hours from your previous work and dont quit your job to far in advance! One VJ member was denied because according to the EI people she quit too early!!

I worked my last day about 3 days before I moved just to be safe..

I have been working full time for almost 5 years for the company I currently work for so I shouldn't have a problem hours wise. My plan is to quit around a week or so before I actually leave so hopefully that will be ok and not too soon!

i would try to keep it inside of a week...

wow they must really be strict!

They are extremely strict but there are no consistencies, remember... this is government we are dealing with. You are not guaranteed EI tho...both K1 and K3 are non-immigrant visas and EAD must be applied for. The only way one can receive EI is to get a stamp on your I-94 at the POE or hope to God someone screws up on your application and approves it.

Is this true? From what I'm reading in this thread, basically you need to have had an EAD stamp at one of those few and far between POEs (not mine when I entered on K1), mail a copy of your I-94 with that said stamp to EI in order for them to deem you eligible because that proves, "Yes, she is actively looking for work and this stamp proves she is ready, willing, and able to as soon as she finds a job within her expertise and level."

So no EAD stamp in your I-94, no EI?

EXACTLY!

But my understanding is that you still apply once you move even if you don't get the stamp and then once you do get your EAD and you don't have a job they will start paying EI ... is that correct?

I finally got my first EI check in the mail today.. woohoooooooo




thats not the case.. i never got a work stamp on my 94 when i came, nor was my application "messed up" by anyone.. and i just got my first check in the mail... so....... yeah

I spent some time on the phone clarifying the I-94 issue, and she read through some documentation that said that a K-1 with a valid I-94 is considered the exception to a rule she didn't specify, but she confirmed that yes, it will work as an EAD for EI.

I've FINALLY got my gross earnings for the best 14 weeks from my employer because my pay stubs are somewhere at large in a U-Pack trailer.

I'm sending in the supporting documentation for the application I submitted online right after I got here; there is a fax number I can send it to so they can get started before they receive the official ROE in the mail.

Does anyone have this fax number?

Thanks.

What I just found on the website: http://www.americanlaw.com/fiance.html

"Aliens admitted to the United States as K-3 or K-4 nonimmigrants are authorized to work incident to their status as are K-1 and K-2 nonimmigrants. However, like K-1 and K-2 nonimmigrants, K-3 and K-4 nonimmigrants must still obtain an employment authorization before commencing their employment.

Aliens classified as K-3 or K-4 who are seeking to renew their employment authorizations will be required to show that they are pursuing the immigration process. They will have to show that Form I-130 has been filed on their behalf and, if approved, that their application for an immigrant visa or their application for adjustment of status has been filed with USCIS or Department of State, as applicable."

Why aren't there many POE's following this? I am going to be copying this off & taking it with me to show them at the POE...I'm also going to be contacting this lawyers office to find out their source of info...can you imagine if this is correct and there IS discrimination between fiance & spouse...how much that could cost the Canadian gov't?

Btw Gala, I would've made sure I got the gals name & ask for a copy of this "rule" emailed/faxed to you to CYA...

According to this document: EAD/K-1 SSN info we are work authorized without an EAD stamp. I've printed out an extra copy to send in with my EI application, as extra surety that EI understands I'm work authorized.

Relevant quotes, my emphasis bolded:

"When an alien in K-1 status applies for an orignal SSN card, accept as proof of employment authorization either an unexpired:

- I-94 showing the alien is admitted as a K-1 for a 90 day period; OR

-EAD [...]

Some I-94s issued to K-1s are stamped or annotated "EMPLOYMENT AUTHORIZED" and some are not. Either way, the I-94 is proof that a K-1 alien is authorized to work."

As the woman said (I've talked to a woman at that number 3 times total now) whether or not I am work authorized is between US immigration and myself. This document proves that US immigration allows me to work on an unexpired I-94 in a K-1 visa, stamp or no stamp.

Wow Gala...that is awesome information! Really conflicting tho between the USCIS & Canadian EI...they say there's no discrimination...ya right...
You have to really wonder why they made such a rule...a K visa is a K visa, bottom line, they should all be treated the same...you and I still have to apply for AOS & EAD...all that fun stuff...I just don't get it!

all the best....

jen

I'm a bit confused as to how we K-1s are being discriminated against, if K-1s and K-3s both are required to seek Employment Authorization, etc?

I'd recommend all EI filers with an I-94 to print out that document I linked to and send in along with their supporting documentation for EI.

She's talking about how K-3s are denied the temp EAD (it was brought up in another thread)

Ahh, so it's greencard or bust for them?

In that case, it is totally unfair.

well, they have to wait to get EADs like K-1s, but for some reason temp EADs are a no-go, I guess.

So are K-3 people getting EI for the first 90 days or not? As far as I'm reading it, both the K-1 and K-3 get the same I-94 at the border. Correct? If that's the case, EI would be the same for either.

No, it's not, if you would've read back a bit, you would've read the document that Gala posted...K1's are able to get EI no matter if their I-94 is stamped or not...K3's don't get it unless they beg, borrow or steal a stamp...and that would be few & far between chance.

I know how you all feel. Even though I'm a K-1, I didn't get EI during those 90 days. I got my first cheque 7 months after getting to the USA. *sigh*

I just got off the phone with Donna from EI Interstate Claim Dept (1-877-486-1650), she said that it's the US making the rules regarding K1's and K3's becuz we're going thru the US POE... if I get the stamp then by all means, I'll be getting EI... huge discrimination issue against K3's and the US gov't... if I don't get it, I will definitely be contacting a lawyer... this would cost the US gov't millions if not billions of dollars as I do believe they would have to follow the statute of limitations... reimburse all K3's that were denied EI backdating 6 yrs plus the current year...

Either way, I'm gonna be politely begging for a stamp, if they say "no" then I will tell them the snowball effect this has... gotta wait to get driver's license, SSN, no EI, etc...

Good luck everyone!

jen

Not sure why it would cost the US govt $$$$$, they are NOT the ones that are paying the EI, Canada is. Best of luck on your adventure. You would probably pay more for the lawyer,then one would receive from EI.

It's the US making the rules against K3's...not getting the temp work auth...EI's hands are tied as they only issue funds to those that have the stamp on the I-94. The directives to USBP is coming from the Department of State, in turn USCIS is involved there as well. I've done my homework.

Glad you have done your homework! Another way to look at things is one has various options when one starts the visa process,and the one sure way of being work eligible is the cr-1 or ir-1. best of luck on your case with the usa govt

Good luck to you! My husband (K-3) just got a call this morning telling him that his EI has been denied...he worked for 32 years in Canada...so hes a bit upset about it.. she said that relocating to the US to be with his spouse was not a good enough reason to leave his job in Canada...just another speed bump for us in this process..you would think we would be use to them by now.. LOL

APPEAL!!!!! One has a few methods 1) one can attend the interview via phone I believe 2) or fil out a form and explain the situation!!

I was originally denied as well. They said since I was in the Cdn Military and was on a contract and broke that contract to be with my spouse, i was not elgible for EI! I appealed it and won. I used my wifes writing skills to my advantage,lol I explained how we tried various methods before we came to the conclusion it was in our best interest if I moved to the USA. There should send you info on how to appeal, or phone and ask or do a search on the EI section on the internet.

I wasnt even going to bother to appeal, but said what the heck, all they can do is say no. If they are denying it entirely based on moving to the USA to be with a spouse is not a valid reason, that is crock!! But maybe his retirement $$$$ plays into the equation, I dont know!! But check into the appeal process, its worth it.

Kimmbo, phone up the EI office multiple times if need be. And if that doesn't work appeal.

My appeal was denied, but I'm going to take it up with the next level of appeal. Frustrating stuff. No wonder EI has a 50 billion dollar surplus.

What do people with K-3's get when they cross the POE? I'm still not sure the difference as to why K-1's can get EI and K-3's can't.

Another funny thing with my appeal. The lady called me back and said the judge denied my appeal,BUT she was overriding it and I was approved! weird!!

Sheesh. You've got horseshoes "somewhere" on your body. LOL

Did the appeal people have any idea about your situation? I had to explain EVERYTHING during my phone interview with them. Not surprising as they're members of the community rather than EI workers. How the heck would they know about the ins and outs of the K-1 saga on my end. Had a 45 minute conversation on the phone. I thought I had a pretty good case. Was feeling good about it afterwards. Got the letter awhile later. Unanomous denial.

I --well more my wife did,lol-- wrote a letter explaining our situation!! I think it all depends who gets your case. I never expected to get EI, wasnt till I was here in the USA that Cassie stated it was possible.

I won't take the credit, methinks it was Reba or ceriserose (whom I miss )

Hey guys, sorry to ask this q if it's been asked before, my computer is too slow right now it freezes when I do a search.

I just want to know how the 52 weeks to be eligible for EI is counted. Is it 52 weeks from your last day of employment in Canada?

My last day of employment was March 28th. So do they calculate my eligible dates from March 28th 2007 to March 28th 2008?

Thanks!

It's 52 weeks from when you apply for EI.

If you apply today, they will calculate all your hours from June 10th 2007-June 10th 2008.

When did you apply for EI? Just curious cause I'll be applying around the 7th of July.

so............. I got more checks in the mail today from EI and on one of them it said:

"Disentitlement or Disqualification"

Does that mean im not gunna get anymore EI since i got my EAD card ?

No explanation for "Disentitlement or Disqualification"?

Did you fax them a copy of your EAD card? You need to have either the EAD or Green card before you can even start collecting (ignoring the whole 90 day part)

Yes I mailed them a copy of my EAD card. I started receiving benefits even before they had that though. Maybe they didn't receive it in the mail yet?


(OOPS! Posted this on my wife's account. This was David n Amber if you didn't guess)

Folks, when I crossed the border at Sault Ste Marie, they stamped my I-94 Employment Unauthorized. Is this going to affect my EI? They had a checklist and this was the second thing on that list. First thing was to cancel my K-1 Visa.

Holy heck, how do they expect ppl to survive?

They dont care if you survive.

Is there any way to check to see what is going on with my EI application? I applied at the end of May and still haven't heard anything back.

One can call them, the 1 800# is listed on 1 of these pages or google it

Employment unauthorized? I've never heard of that one before. Although I think you should be able to get a claim. It's the I-94 itself they want, not the stamp.

Yep.. call them.. i found with my claim i had to keep on them. They have a busy busy office and this being summer they probably are dealing with vacations etc. Keep on 'em

Service Canada Centre
Sub-Unit of interstate claim processing
1 North Front St.
P.O. Box 4800
Belleville, Ontario

Phone: 1 877 486-1650 — Fax: 613 969-4017

The stamp is right on the I-94 - in red no less.