EI from Canada in States

[Izoom 0]

http://www1.servicecanada.gc.ca/en/ei/info...shtml#Residents

If you scroll down to the part about EI in the States from Canada, it says "you must

be legally able to work in the United States". Does that translate to SSN and EAD or

just SSN?

[YuAndDan 153]

To be legaly able to work in the USA you need permission from DHS this is EAD, or Green-card, or US Citizenship.

SSA does not grant work permission, DHS does. Having SSN is not prof of work permission.

[Carlawarla 1]

Please read the EI thread at the top of this page, under pinned threads. You ARE eligible with just a K-1 to collect EI. The definition of "eligible" for Canada, and EI benefits are distinct. After you've read the pinned thread, if you have questions, let us know.

[Izoom 0]

Wow, I'm sorry to both of you. Here I am, one of the people that always tells others to read the guides and use search

before posting a thread. Thanks for the heads up. If a mod wants to delete this thread, feel free or lock it.

[SapphireDreams 71]

I know the EI thread can be a little long to read... so in short, she is eligible for EI based on the fact that the K1 is considered work authorized by the EI people in Canada.

Technically we know that's not true, but everyone here seems to get approved!

[~Laura and Nick~ 5]

I know the EI thread can be a little long to read... so in short, she is eligible for EI based on the fact that the K1 is considered work authorized by the EI people in Canada.

Technically we know that's not true, but everyone here seems to get approved!

I'm collecting

It ends when my I-94 is up and then I just call them when I get my EAD and I can start collecting again.

[Carlawarla 1]

Wow, I'm sorry to both of you. Here I am, one of the people that always tells others to read the guides and use search

before posting a thread. Thanks for the heads up. If a mod wants to delete this thread, feel free or lock it.

No worries. Read a bit...maybe the last five pages or so? Ask questions if you need to. If you ever have to ask questions we can't answer, call the international office in Belleville...they're very very helpful.

[Galateia 1]

I recently got a PM asking about getting grief from the SSN office and not being granted an SSN until they got EAD. They were wondering how that all worked with a K-1 and EI, and what I gave EI as I'm successfully collecting it.

This was my reply:

The SSN office is incorrect. There is a policy document on VJ on this page: http://www.visajourney.com/forums/index.ph...om&page=ssn (under "Print the following webpage out (K-1 Visa Holder Only); pay attention to section C:

>> RM 00203.500: Employment Authorization for Nonimmigrants")

that states that K-1s have permission to work 'by class of admission' meaning that there is a class of visa types that are permitted to work, and K-1s are included in that list.

Take that with go when you go to the SSN office so they have to give you a SSN.

By class of admission means that your K-1 with a valid, unexpired I-94 is a de facto EAD. This is what EI accepted as my permission to work.

I included photocopies of my K-1, my unexpired I-94 both front and back, and a bunch of stuff unrelated to immigration, like the 'best weeks' of income as I worked an hourly wage with bonuses. I think I included printouts of the relevant pages from the above link, in case they tried to tell me I wasn't authorized.

I applied for EI the morning after I got in to the US, online. That meant that even though I didn't have all my supporting documentation, the wheels were in motion ASAP and that once I supplied the documentation the application would count from the day I submitted it, so I could get a full 89 days worth of EI before my visa/I-94 ran out.

The only trouble I had with EI is that the cards they send that you fill out to swear that you haven't worked didn't get to me/were two months late/etc so there was a lot of delay.

This should be helpful, especially the link.

[truckerbob 0]

http://www1.servicecanada.gc.ca/en/ei/info...shtml#Residents

If you scroll down to the part about EI in the States from Canada, it says "you must

be legally able to work in the United States". Does that translate to SSN and EAD or

just SSN?

So does this mean that I can just quite my job and move to the U.S. and as long as I can prove that I can legally work in the U.S. collect UI??

[Galateia 1]

http://www1.servicecanada.gc.ca/en/ei/info...shtml#Residents

If you scroll down to the part about EI in the States from Canada, it says "you must

be legally able to work in the United States". Does that translate to SSN and EAD or

just SSN?

So does this mean that I can just quite my job and move to the U.S. and as long as I can prove that I can legally work in the U.S. collect UI??

The same eligibility rules for EI apply. From what I understand, if you 'just' quit, you won't get EI unless there are special circumstances. In the case of visa filers, we aren't technically quitting, we are 'relocating to be with spouse' and are not voluntarily ending our employment. I vaguely remember something about if your company can transfer your job to a division in your spouse's town, you have to stay with the company.

That's why it's so important to make sure when you resign from your job that HR puts 'relocation to be with spouse' in the 'reason for leaving' box, or you may not get EI.

The number of weeks you can collect EI is limited by how many you have paid into the system, and whether you are work authorized and can prove you are actively looking for work in the US if requested.

Edited October 12, 2008 by Galateia

[Flames9_RN 358]

It is not a MUST to have the "moving to the USA to be with spouse" on ur ROE, was not on mine!! And one can't quit their job too far in advance. If you quit too soon, you could be denied, as one member on VJ was

[Pandora01 0]

Denied their visa for quitting their job too soon? How early did they quit?

[Flames9_RN 358]

I'm not sure, but the reason given for her denial of her EI claim was that she quit to far in advance. I can't recall who it was--but its mentioned in the EI thread at the very top

[Galateia 1]

Denied their visa for quitting their job too soon? How early did they quit?

What? Did you mean to type EI instead of visa?

Denied EI for quitting too soon.

In my case, I had to justify why I quit a full two weeks before I left for the US. Apparently that's considered a suspiciously far in advance quit date. My response was a polite and respectful version of "Duh, because I had to pack all my worldly possessions, get them prepped for being shipped across the border, and arrange my affairs before an INTERNATIONAL FREAKING MOVE?!"

You *must* apply for EI within 4 weeks of your last day. You cannot apply for EI until you are already across the border with your valid I-94 in hand. So, you have to make sure you quit close enough to your move date that you are inside the US and applying for EI within the 4 week period.

Also, the available weeks you can claim EI start counting down from when you quit, not from when you file for EI. So say, for math's sake, you had paid into EI enough for 30 weeks of support. You quit, and two weeks later you've moved to the US and apply for EI. You now only have 28 weeks of support available.

Again, we really shouldn't be describing it as 'quit' because it's misleading. None of us 'quit'. We relocated to be with a US spouse.

In my case, I kept my Managers and HR informed of my process (requested special days off for visa interview date, etc) so that they were very clear on why I was leaving and why it had to explicitly say 'relocation to be with spouse'. The HR department was prepared to clarify it via telephone if necessary, and remarked as such on one of the forms I sent in to EI.

Edited October 13, 2008 by Galateia

[Pandora01 0]

Duh *smacks forehead* Meant EI, yes. Sorry about that

Well, guess I'm outta luck for collecting EI then. Circumstances made it that I had to quit 2 weeks before my interview. Add 1 week to receive my visa, that leaves only 1 week to move and claim. No way I can do it that fast.

Edited October 13, 2008 by Pandora01