Not Eligible for EI

[MichelleMcK 0]

My husband has applied for EI, and just got a call today from someone. She stated that he was not eligible for work until he recieves his EAD. Is this true? I remember people talking about recieving EI without their EAD. What do we have to do to get around this and get approved?

[trailmix 77]

My husband has applied for EI, and just got a call today from someone. She stated that he was not eligible for work until he recieves his EAD. Is this true? I remember people talking about recieving EI without their EAD. What do we have to do to get around this and get approved?

I'm sure someone who has all the facts will be along to answer this, but from what I have read in the EI thread he isn't eligible until he gets his EAD.

I think he is eligible for a couple of months (until married?) then after that he has to wait for the EAD - basically if he is not eligible to work, he can't collect. My understanding is that once you are married that eligibility is no longer there until he receives the EAD.

In looking through the EI thread just now, it has become way too big, in my opinion, for anyone to make much sense out of what has been written. I think it would be great if we had an EI Wiki page.

[BH45 0]

I was approved for EI after arriving here.

I submitted my ROE and sent them a copy of the I-94. I think I may have also submitted a copy of a document from Social Security. The document is POMS Section RM 00203.500 - Employment Authorization for Nonimmigrants (www.socialsecurity.gov). You would be looking for Section C - Employemnt Authorization by Class of Admission. Under that section, K-1 Visa holders are eligible for EI for 90 days. If at the end of the 90 days you don't have your EAD, your claim is put on hold until you fax a copy of your EAD card in to them. The claim will re-start and continue until you find a job or your claim runs out.

Hope this helps.

You should also be able to get your SSN with those same documents from the Social Security website. That's how I got my SSN a month after arriving.

[BH45 0]

I was approved for EI after arriving here.

I submitted my ROE and sent them a copy of the I-94. I think I may have also submitted a copy of a document from Social Security. The document is POMS Section RM 00203.500 - Employment Authorization for Nonimmigrants can be found under the Guide tab:

Working, Traveling and Becoming a Permanent Resident

Adjustment of Status Guide (K1 & K3 Visa Holders)

(Also explains concurrent filing for an EAD and Advanced Parole)

K1 Adjustment of Status Tips

Employment Authorization Document (I-765) Guide

How to get a Social Security Number Guide - you'll see the RM 00203.500 underlined in the Section about K-1 Visa holders #5

Guide to Lifting Conditions: I-751

You would be looking for Section C - Employemnt Authorization by Class of Admission. Under that section, K-1 Visa holders are eligible for EI for 90 days. If at the end of the 90 days you don't have your EAD, your claim is put on hold until you fax a copy of your EAD card in to them. The claim will re-start and continue until you find a job or your claim runs out.

Hope this helps.

You should also be able to get your SSN with those same documents from the Social Security website. That's how I got my SSN a month after arriving.

Sorry for the double entry....my brain is just starting to work....

Edited December 19, 2008 by BH45

[JillA 2]

I got a call from EI too yesterday.... I posted about it in the EI pinned thread but anyway she asked me if I had the EAD and I said no but I told her I have a SSN and it sounded like they approved me because she said the first payment will be in my account Monday... I was so scared they were going to say NO!! It doesn't seem fair, some people get it some don't and we're all in the same situation!!

[SapphireDreams 71]

So you get the EI for the first 90 days before you get married. What if you get married right away? I wonder if you still get it for that 90 days regardless.

Then once you're married, they cut it off until you are actually work eligible and have the EAD. I guess that makes sense... kind of.. haha..

I haven't factored EI into my budget for when I move. It will just be bonus money!

[JillA 2]

So you get the EI for the first 90 days before you get married. What if you get married right away? I wonder if you still get it for that 90 days regardless.

Then once you're married, they cut it off until you are actually work eligible and have the EAD. I guess that makes sense... kind of.. haha..

I haven't factored EI into my budget for when I move. It will just be bonus money!

I told them I got married one week after I arrived, and I'm still getting EI. That's what I mean about them being inconsistent - some get it, others don't when the situations are the same!

[SapphireDreams 71]

So you get the EI for the first 90 days before you get married. What if you get married right away? I wonder if you still get it for that 90 days regardless.

Then once you're married, they cut it off until you are actually work eligible and have the EAD. I guess that makes sense... kind of.. haha..

I haven't factored EI into my budget for when I move. It will just be bonus money!

I told them I got married one week after I arrived, and I'm still getting EI. That's what I mean about them being inconsistent - some get it, others don't when the situations are the same!

Interesting. I guess I'll just wait and see what happens!

[Kathryn41 3,205]

Getting married has no impact. The validity for EI is the I-94 issued as a K-1 which is an authorized document on the SSN list. The I-94 is valid for 90 days whether you are married or not. Once the I-94 expires you need an EAD to continue to receive EI benefits. The reason you are EI eligible is that you are relocating to be with your spouse.

[Reba 2]

What she said! ^^

And to further that, the stipulation from Canadian law is that in order to receive EI benefits, you must be "willing and able" to work. If you are in a foreign country without work authorization, you are not able to work, so ineligible for EI benefits. So for a K1, once your 90 day I-94 expires, you are not eligible for benefits until you get your EAD (date of marriage has no effect). For a K3 holder, you're not eligible for EI benefits until you get your EAD, which is at minimum 3 months after you enter the US. For a CR1/IR1 holder, it would be immediately after you get to the US.