EI while waiting for Green card?

[HeatDeath 430]

+1 above.

That's why I applied for EI in early August, right after my contract expired, even though I knew I wouldn't be seeing any money for months.

I'd have applied even earlier but I don't think you can apply for EI while you're still technically employed [and especially still expecting another paycheque yet!].

Edited March 20, 2011 by HeatDeath

[Colleens 40]

You can not collect EI benefits until you get your EAD, but I would start a basic job search as soon as you send in your AOS package. In my case my EAD was approved in August, but they couldn't issue my card until I had my biometrics done. That didn't happen until the end of Sept (and that was with the help of our congressman otherwise it would have been mid October), then for some reason my biometrics only got sent to the office processing my greencard so I had to get my congressperson to look into that as well. Once I finally got my EAD card it was over 2 months after the issue date on the card. Had I been doing a job search and could prove it, I could have received retro payments on my EI to the date printed on the card. Because service Canada uses a copy of your EAD card and therefore the date on that card to base your claim on.

Things like putting your resume up on sites such as Monster.com and even sending off a few resumes and keep track of them just in case you have a similar situation. There are a lot of ASC's that are currently backed up right now, so if your ASC happens to be one of the ones backed up you could find yourself in a similar situation.

[kaibosh 3]

One thing to add, though you won't be eligable for EI until you have your EAD or greencard (whichever gets to you first) you do need to make sure you apply for it right away so that it doesnt get disqualified. They will just put your claim into a kind of limbo until you can get them a copy of your EAD or greencard and start paying you as of the date the card was issued.

Thanks for the info, Il' make sure to apply online as soon as I cross, what were to happen if I applied for EI in the states instead of Canada?

[Flames9_RN 358]

You apply from the States

[Holly&Frank 0]

Hey,

I'm wondering if this has happened to anyone else...

I POEd on a K-1 Jan 1 and applied for EI Jan 8. They are still "reviewing" my case, but I am sending my cards in. I don't have an EAD (haven't yet applied for AOS).

BUT

The last guy at the EI interstate office told me that even though I can't technically be working in the U.S. on my K-1, Canada recognizes it as being able to work for the 90 days that it is issued for. I'm not legal here to be hired, but it seems they're overlooking that. He said as soon as I get my EAD and send it in, I will be back-paid to when I applied (Jan 8).

Thoughts?

[Colleens 40]

Hey,

I'm wondering if this has happened to anyone else...

I POEd on a K-1 Jan 1 and applied for EI Jan 8. They are still "reviewing" my case, but I am sending my cards in. I don't have an EAD (haven't yet applied for AOS).

BUT

The last guy at the EI interstate office told me that even though I can't technically be working in the U.S. on my K-1, Canada recognizes it as being able to work for the 90 days that it is issued for. I'm not legal here to be hired, but it seems they're overlooking that. He said as soon as I get my EAD and send it in, I will be back-paid to when I applied (Jan 8).

Thoughts?

It sounds as though you have been in contact with an EI officer that is not up to date on the US immigration laws. If they back date that claim to when you POE'd and someone audits your case, I would be worried about having to pay that back. You can not collect benefits until you are legally able to work (when you get your EAD or GC). ANd you can only be back paid to a point where you were actually looking for work. So if you have not applied for any jobs, registered on a website like Monster or with a temp agency and again, your case is audited you could lose your benefits.

I would inform them that you were told you couldn't qualify for EI until you had your EAD or GC and have that person verify that with someone else in the office (that is if you happen to speak with this person again).

[Holly&Frank 0]

Yeah, what you said makes much more sense. Thanks!

It sounds as though you have been in contact with an EI officer that is not up to date on the US immigration laws. If they back date that claim to when you POE'd and someone audits your case, I would be worried about having to pay that back. You can not collect benefits until you are legally able to work (when you get your EAD or GC). ANd you can only be back paid to a point where you were actually looking for work. So if you have not applied for any jobs, registered on a website like Monster or with a temp agency and again, your case is audited you could lose your benefits.

I would inform them that you were told you couldn't qualify for EI until you had your EAD or GC and have that person verify that with someone else in the office (that is if you happen to speak with this person again).

[Flames9_RN 358]

awhile back some K1'ers with no EAD were able to get $$$$ right away. I guess its like anything else when u deal with the govt--it all depends who is working ur case!! Sometimes its good to have a person that isnt up to speed with the laws working ur case,lol