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MontyFlo

Why are we eligible for EI when we move to US on a K1 visa?

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Filed: AOS (pnd) Country: Canada
Timeline
Posted (edited)

Hi :)

So my question is in the title: Why are we eligible for EI when we move to US on a K1 visa? I mean isn't it only for those who are actually leaving and staying in the Canada since it is to help them finding a new job? But if I understood it well I read that we are eligible for it when we move to the US on a K1 visa once we obtain the EAD and if we were working here in Canada before moving there; right? I just want to know cause actually I just found out that maybe we were eligible and I wanted to know why and if it is true I would probably apply for it since I am going to move soon to the US on my K1 visa.

Thanks a lot for your help! :)

Edited by MontyFlo
Posted

Hi :)

So my question is in the title: Why are we eligible for EI when we move to US on a K1 visa? I mean isn't it only for those who are actually leaving and staying in the Canada since it is to help them finding a new job? But if I understood it well I read that we are eligible for it when we move to the US on a K1 visa once we obtain the EAD and if we were working here in Canada before moving there; right? I just want to know cause actually I just found out that maybe we were eligible and I wanted to know why and if it is true I would probably apply for it since I am going to move soon to the US on my K1 visa.

Thanks a lot for your help! :)

El?

ROC Timeline!

Service Center : California Service Center

NOA2017-09-01

Biometrics : 2017-09-28

ROC Approved 2019-01-17

 

AOS Timeline!

Marriage : 2015-01-10

AOS/EAD/AP NOA : 2015-01-20

Biometrics : 2015-02-17

EAD/AP Approved : 2015-03-17

NPIW : 2015-06-11

AOS Approved : 2015-11-24

 

K-1 Visa Timeline!

Service Center : Texas Service Center

Transferred? No

Consulate : Frankfurt, Germany

I-129F NOA1 : 2014-03-11

I-129F NOA2 : 2014-08-12

Consulate Received : 2014-09-15

Interview Date : 2014-11-13

Interview Result : Approved

Visa Received : 2014-11-15

US Entry : 2014-12-31

Posted

i understood it like this: once you have your EAD and you're eligible to look for work in the us - you're eligible to collect your EI. you have to wait until you have your EAD to file EI because until you have the EAD you're not legally allowed to work in the US.

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

Best NOT to ask questions......as I am surprised it has lasted this long.....

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

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Best NOT to ask questions......as I am surprised it has lasted this long.....

NO KIDDING. Leave it alone and don't ask. It doesn't make sense to me but I'm not wanting to give it back!

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2


NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

Filed: Citizen (apr) Country: Canada
Timeline
Posted

I thought of it this way - I paid my dues since age 17 till 37, I darn well deserved to get that benefit for the few months (4) that I collected before finding employment here in the US. I'll never be eligible again for Canadian EI.

Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

Filed: K-1 Visa Country: Canada
Timeline
Posted

My understanding is that EI considers it just cause to quit a job due to relocation of a spouse. Not totally sure why K-1 qualifies (as we aren't yet married).. maybe because the visa is given on the condition you are marrying your partner?

I was shocked when I found this out as well!

--------------------------

K-1 Visa Timeline

--------------------------

04/21/2014: Submitted I-129F

05/29/2014: NOA2 via email

01/20/2015: Visa Received

03/15/2015: POE

04/01/2015: Married!! (L)

04/11/2015: Submitted AOS / EAD / AP

10/09/2015: Green Card Approved

07/20/2017: Submitted I-751 ROC

07/27/2017: NOA1 Received

10/14/2017: Biometrics Waived

10/27/2018: ROC Approved

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

I always thought of it as one of the last acts of compassion or understanding of love when it comes to the government. Its like they are basically saying, its not your fault you fell in love with someone and now want to go be with them.

If I remember right I think you have to not be able to do your job remotely or be unreasonably far from your job where you couldn't still get there while living in the US.

Its like they're saying, yeah we get it, you're in love, going to get married, and you pretty much HAVE to go be with that person for the sake of love/marriage/life/family, you have to leave your job and we get that. Its pretty cool stuff.

Posted

A k1 DOESN'T qualify until after marriage and EAD. You can easily get a job telecommuting or by travel in Canada. Because you've paid EI, you're entitled to claim it when you're not working but are willing and able to do so. It doesn't help you FIND work, it helps pay for bills when you're not. It only pays, at most, 55% of your previous income as well. You still have to be qualified.

As Flames has stated, don't ask so ye shall receive.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

I always thought of it as one of the last acts of compassion or understanding of love when it comes to the government. Its like they are basically saying, its not your fault you fell in love with someone and now want to go be with them.

If I remember right I think you have to not be able to do your job remotely or be unreasonably far from your job where you couldn't still get there while living in the US.

Its like they're saying, yeah we get it, you're in love, going to get married, and you pretty much HAVE to go be with that person for the sake of love/marriage/life/family, you have to leave your job and we get that. Its pretty cool stuff.

i was thinking it was more like, 'oh, we're sorry you have to move to America from Canada' NO??

No government should ever be accused of being compassionate.

I think it's more that they can't figure out how to say NO to us for it. They'll figure it out eventually and stop it.

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2


NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

Posted

i understood it like this: once you have your EAD and you're eligible to look for work in the us - you're eligible to collect your EI. you have to wait until you have your EAD to file EI because until you have the EAD you're not legally allowed to work in the US.

I applied before I left, file was on hold until I submitted EAD and other documents. After that was sorted, I received EI.

I think there is a time limit to apply, something like within 4 weeks of loss of job, otherwise this can cause a loss of benefits.

AOS (from K-1)

Sent - April 23, 2014
NOA - May 13, 2014
Biometrics - June 6, 2014
EAD/AP Approved - July 18, 2014
EAD/AP Received - July 26, 2014
Waiver Letter Received - August 17, 2014 (dated August 13, 2014)
SR Placed Online - February 14, 2015
EAD/AP Renewal Sent - March 20, 2015
EAD/AP Renewal Received - March 25, 2015
I-485 Approved - March 28, 2015 (e-mail notification)
SR Response Rec'd - March 28, 2015 (dated March 24, 2015)
Card Production Notice - March 31, 2015

Card Mailed - April 7, 2015

Card Rec'd - April 9, 2015

 
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