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Tim and Erin

Am I going to be eligible for benefits?

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Filed: K-1 Visa Country: Canada
Timeline

Here's the scenario:

I've had this job for 3 years. My boss has been VERY generous in giving me leaves of absence when I've gone to to States to visit Tim.

I was in the States from approximately from April 20 until June 20, then back again from end of July to end of October. Between those trips I did not work. I wasn't "officially" jobless, since my availability to work was open, depending on how my visa application was moving along. My boss left it up to me whether to return to work during that time. As I said, I wasn't officially unemployed.

When I returned to Canada end of October, my boss asked me if I wanted to work between then and the time I will be moving. Since I still had some things to take care of regarding my medical and interview (both in November), I declined to return to work.

My boss electronically submitted my Record Of Employment, and put April something as my last day worked.

I'm sure I read that one should file an application no longer than 4 weeks after the last day worked. I'm not sure how that will work with E.I., since I didn't really KNOW my last day would be in April.

I'll be talking to someone at E.I. about it, but I just thought I'd ask here for anyone's opinions about whether they think I'll be eligible for benefits.

Hope this all wasn't too confusing. :P

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Filed: Other Country: Canada
Timeline

No, not too long nor too confusing!

My sister-in-law works for the EI in Quebec, and I remember her saying something regarding applying for EI but then traveling while receiving benefits. If you were in the US after April, they might not give you benefits for the period of time you were not in Canada...

I had this conversation with her a year ago, so don't quote me on it! Just call them, you'll get a straight answer!

Good luck!

For our detailed K-1, AOS and ROC journey, see the "about me" page on our profile!

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

The EI people would be best! It comes down to the # of hours you have worked!! But another thing you have against yourself is the time between that you quit and moved to the USA. If one quits their job (and stays in canada) they cant get EI (unless 1 has a valid reason)

But ur best to call the EI people and ask, all they can do is say no! And even if they did, i would stil try and apply for it,lol

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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Filed: Other Country: Canada
Timeline

The EI people would be best! It comes down to the # of hours you have worked!! But another thing you have against yourself is the time between that you quit and moved to the USA. If one quits their job (and stays in canada) they cant get EI (unless 1 has a valid reason)

But ur best to call the EI people and ask, all they can do is say no! And even if they did, i would stil try and apply for it,lol

Yeah, I would definitely apply anyways too!

For our detailed K-1, AOS and ROC journey, see the "about me" page on our profile!

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Filed: AOS (apr) Country: Canada
Timeline

I would definitely apply. You may not get the full amount of weeks, but you may get some. At least it would be some income while you look for a job. You won't be able to start recieving benefits until you get your EAD. If you qualify and money is an issue you will want to get that AOS package in ASAP.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Ur biggest issue is that You QUIT way back in April!! But you do not know if you do not ask or apply

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

They look ay how much you have worked and paid EI benefits in the last 6 months and your reason for no longer being employed. If you 'quit' or were rightfully laid off then you won't get anything. All depends on what your ROE says. You can always call and ask but they are very vague by phone.

See profile for our K-1 Visa/AOS story from 2010-2011Apparently we love USCIS/NVC so much we left and are doing it again! This time giving IR-1 a whirl. Rock on immigrators.

07/09/2014 sent in IR-1 packet to Chicago Lockbox

07/16/2014 NOA1

07/17/2014 check cashed by USCIS

10/01/2014 found out we are expecting baby #2 June 2015!

12/15/2014 NOA2

12/30/2014 Case received by NVC

03/23/2015 Received Case and Inv # from NVC after many calls and bogus excuses.

03/24/2015 AOS payment accepted by NVC

04/09/2015 IV payment finally accepted by NVC after the set the wrong fee and took weeks to correct it.

*many more delays thanks to the agency processing my fingers prints to the RCMP and the post office losing our mail*

05/20/2015 Packet sent to NVC via UPS, eta May 28.

06/16/2015 Baby #2 due - homebirth in Scottsdale, AZ

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Filed: AOS (apr) Country: Canada
Timeline

Not sure if this will help you but here goes.

I left / quit my job on Feb 12. 2006. I flew to Spokane on Feb. 23 and stayed here till

May while our K-1 was processing. We had hoped that our interview date would have been before May but it wasn't so I went back to Canada. Anyhow had the interview in June and POE was the 26 of June.

I had no intention of filing for EI as I was sure my leaving work in Feb. and not arriving here till June would make me ineligible. I posed a question as you have and got some input, some said I wouldn't get it and it was Flames9 who suggested to me "You have nothing to lose by applying all they can say is no"

So I applied expecting nothIng and I received 24 weeks of EI. I had to explain the reason for my being unemployed from Feb.to my POE in June.

In the letter I wrote them I explained that during that period I was here doing paperwork, awaiting an interview from MTL and arranging for our marriage.

Also told them my unemployed time spent in Canada was spent on selling my home and tying up lose ends

Make sure they write on your ROE reason for leaving: Relocating for Marriage.

Hope this helps you and that you obtain your EI. Good luck

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Filed: AOS (apr) Country: Canada
Timeline

Not sure if this will help you but here goes.

I left / quit my job on Feb 12. 2006. I flew to Spokane on Feb. 23 and stayed here till

May while our K-1 was processing. We had hoped that our interview date would have been before May but it wasn't so I went back to Canada. Anyhow had the interview in June and POE was the 26 of June.

I had no intention of filing for EI as I was sure my leaving work in Feb. and not arriving here till June would make me ineligible. I posed a question as you have and got some input, some said I wouldn't get it and it was Flames9 who suggested to me "You have nothing to lose by applying all they can say is no"

So I applied expecting nothIng and I received 24 weeks of EI. I had to explain the reason for my being unemployed from Feb.to my POE in June.

In the letter I wrote them I explained that during that period I was here doing paperwork, awaiting an interview from MTL and arranging for our marriage.

Also told them my unemployed time spent in Canada was spent on selling my home and tying up lose ends

Make sure they write on your ROE reason for leaving: Relocating for Marriage.

Hope this helps you and that you obtain your EI. Good luck

Sorry should be Feb. 2007 not 2006

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Filed: K-1 Visa Country: Canada
Timeline

As I said, I was not "officially" unemployed until I returned from my last visit to the States at the end of October. I had been on leave of absence, but just before I returned my boss was aware that my interview was fast approaching and I'd be moving to the States as soon as end of November, so she had gone ahead and submitted my ROE, figuring I probably wouldn't be back to work. I was unaware of this until I got back, when I went to her to tell her to put my reason for quitting as "relocation to the U.S. for purpose of marriage." Her reply was "Oh, I already submitted the ROE." But she got on the phone and was able to make some changes to the reason for quitting. That part is fixed, so I'm not really worried about the fact that I "quit" since I had good reason. I guess I'm worried about being denied because I waited so long to apply.

Oh well, I guess I'll never find out unless I call. Some money is better than none at all. But no money is not good. :(

By the way, I'm multitasking right now...in the middle of making moist, chewy, warm ginger cookies. :D Cold rainy day here...perfect for baking.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

The only concern now would be is that you don't pay benefits when taking a leave of absence. So it all depends on your earnings over the last 6 months and then some.

See profile for our K-1 Visa/AOS story from 2010-2011Apparently we love USCIS/NVC so much we left and are doing it again! This time giving IR-1 a whirl. Rock on immigrators.

07/09/2014 sent in IR-1 packet to Chicago Lockbox

07/16/2014 NOA1

07/17/2014 check cashed by USCIS

10/01/2014 found out we are expecting baby #2 June 2015!

12/15/2014 NOA2

12/30/2014 Case received by NVC

03/23/2015 Received Case and Inv # from NVC after many calls and bogus excuses.

03/24/2015 AOS payment accepted by NVC

04/09/2015 IV payment finally accepted by NVC after the set the wrong fee and took weeks to correct it.

*many more delays thanks to the agency processing my fingers prints to the RCMP and the post office losing our mail*

05/20/2015 Packet sent to NVC via UPS, eta May 28.

06/16/2015 Baby #2 due - homebirth in Scottsdale, AZ

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Filed: K-1 Visa Country: Canada
Timeline

Not sure if this will help you but here goes.

I left / quit my job on Feb 12. 2006. I flew to Spokane on Feb. 23 and stayed here till

May while our K-1 was processing. We had hoped that our interview date would have been before May but it wasn't so I went back to Canada. Anyhow had the interview in June and POE was the 26 of June.

I had no intention of filing for EI as I was sure my leaving work in Feb. and not arriving here till June would make me ineligible. I posed a question as you have and got some input, some said I wouldn't get it and it was Flames9 who suggested to me "You have nothing to lose by applying all they can say is no"

So I applied expecting nothIng and I received 24 weeks of EI. I had to explain the reason for my being unemployed from Feb.to my POE in June.

In the letter I wrote them I explained that during that period I was here doing paperwork, awaiting an interview from MTL and arranging for our marriage.

Also told them my unemployed time spent in Canada was spent on selling my home and tying up lose ends

Make sure they write on your ROE reason for leaving: Relocating for Marriage.

Hope this helps you and that you obtain your EI. Good luck

Thanks, Allie. That gives me some hope. :thumbs: I got nowhere on the phone (no live person to talk to), but I'll head down to the E.I. office tomorrow. I was just doing my online application and had to stop because I need some info from my boss.

Thanks all for your input.

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Filed: K-1 Visa Country: Canada
Timeline

I was wondering whether they'll take into consideration the 52 weeks prior to the last day I actually worked (in April), or 52 weeks prior to the date (early November)that my ROE was submitted. That's something I'll have to ask them I guess.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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