EI when your in the US

[QC2CO 1]

I just called Employement Insurance to get some information. Not sure if it was mentioned in this forum, but at least it will be redundant if it was.

She said that when you claim EI when your last work was in Canada and you moved to the US to be with your spouse, they call this "interstate claims". You can get some information on this page (didn't get a chance to read it yet) http://www1.servicecanada.gc.ca/en/ei/info...de_canada.shtml.

You have 4 weeks to file a claim for EI after your last day of work. If you are in the US within those 4 weeks, you call this # 1-877-486-1650 and file (only once you are in the US). She said not to file in Canada first, if you are going to be there within that time frame, because it will save you hassle from getting your claim transfered to the "Interstate Claim" which can take weeks. If you are only going to the US after 4 weeks, then file in Canada, and then transfer later on.

Hope this helps.

Dom

[Buttons 0]

you also are not eligible for it until you get your ead and are only paid from the day the ead is effective.

[QC2CO 1]

yeah, I asked her about that, but she told me that it would be immediately, but from what I have hear on this site, its not until you have your EAD. At least for most.

[Officer's Fiance 0]

If I understand correctly, You need to file as soon as you get in the US, but only get paid about 3 months later when EAD is received? If this is the case, I'm definitely making a note of this. I plan on quitting at the very last minute before moving. Might as well work and make some money while I can!

THanks for your post Dom.

yeah, I asked her about that, but she told me that it would be immediately, but from what I have hear on this site, its not until you have your EAD. At least for most.

[Buttons 0]

yeah, I asked her about that, but she told me that it would be immediately, but from what I have hear on this site, its not until you have your EAD. At least for most.

I just talked to the lady today and she explained the whole process. As she said : You must be ready, willing and able to accept work .

Which the ABLE part means you need your EAD until you eligible. Which is stupid because as soon as I get my EAD I can get a job. Nurses are in demand, so it was probably pointless for me to waste my energy or time on trying to get it, not to mention the stamps for sending in cards. Oh well, Live and Learn.

[Waiting in Vancouver 6]

I am pretty sure with a K-1 Visa and a I-94 you are able to receive Canadian EI down in the states ...

From reading past posts on VJ it is my understanding that we are able to work for 90days after we enter the US (even if we don't recieve a temporary EAD) but because our SSN cards say we need INS authorization to work then companies down here will not hire us because we have nothing to prove to the companies that we have authorization until we get the EAD ...

I have applied for EI but I am yet to receive any checks (I have filled out a few sets of cards already) so I don't have any experience regarding this just yet ...

I am sure some others will post here soon explaining it better than I just did ...

[ceriserose 1]

Apply within 4 weeks of leaving your job regardless of whether or not you have your EAD or have moved to the US. It is CRITICAL you get in their system.

I almost lost my benefits because I didn't know to do that. It was only because the adjudicator bent the rules that I was able to collect anything. They calculate your $$ amounts from the timing.

So put in for EI, then when you are ineligible to work (aka no EAD), they put it on hold. When you have your EAD they resume your benefits as a continuation.

[Waiting in Vancouver 6]

Apply within 4 weeks of leaving your job regardless of whether or not you have your EAD or have moved to the US. It is CRITICAL you get in their system.

I almost lost my benefits because I didn't know to do that. It was only because the adjudicator bent the rules that I was able to collect anything. They calculate your $$ amounts from the timing.

So put in for EI, then when you are ineligible to work (aka no EAD), they put it on hold. When you have your EAD they resume your benefits as a continuation.

I think where everyone in this post is confused is they think you have to wait till you get your 1 year EAD before you can start collecting Canadian EI ...

But if I understand things correctly that if you arrive in the US on a K-1 Visa (not sure if the same applies for a K-3 Visa) then you are able to collect EI from the date on your I-94 (even if you didn't receive a temporary EAD at your POE) until 90 days at which time Canada EI will put you on hold ... Once you get your EAD then your benefits will start again from that date on your new EAD ...

Am I right ceriserose ??

Edited September 8, 2006 by Waiting in Vancouver

[Buttons 0]

Apply within 4 weeks of leaving your job regardless of whether or not you have your EAD or have moved to the US. It is CRITICAL you get in their system.

I almost lost my benefits because I didn't know to do that. It was only because the adjudicator bent the rules that I was able to collect anything. They calculate your $$ amounts from the timing.

So put in for EI, then when you are ineligible to work (aka no EAD), they put it on hold. When you have your EAD they resume your benefits as a continuation.

But you only get the monies from the date of the EAD , they don't back pay you. That is what this lady told me today and I was kinda bummed. For the K-1 it might be different but for K-3 that is what I was told.

[ceriserose 1]

Apply within 4 weeks of leaving your job regardless of whether or not you have your EAD or have moved to the US. It is CRITICAL you get in their system.

I almost lost my benefits because I didn't know to do that. It was only because the adjudicator bent the rules that I was able to collect anything. They calculate your $$ amounts from the timing.

So put in for EI, then when you are ineligible to work (aka no EAD), they put it on hold. When you have your EAD they resume your benefits as a continuation.

I think where everyone in this post is confused is they think you have to wait till you get your 1 year EAD before you can start collecting Canadian EI ...

But if I understand things correctly that if you arrive in the US on a K-1 Visa (not sure if the same applies for a K-3 Visa) then you are able to collect EI from the date on your I-94 (even if you didn't receive a temporary EAD at your POE) until 90 days at which time Canada EI will put you on hold ... Once you get your EAD then your benefits will start again from that date on your new EAD ...

Am I right ceriserose ??

Basically yes. I was one of the people that thought I *couldn't* apply until I had my 1 year EAD, which was wrong. (In my circumstance there were other factors due to the particular employment and timing of when I found out I could collect EI at all.)

I documented most of my situation in the pinned EI thread, so have a read there too (it's not so fresh in my mind now). The basics:

I left my job at the end of April 2005. I moved to the US in July of 2005 and didn't get an EAD through the POE. In December 2005 I got my 1 year EAD and applied for EI. The adjudicator told me that because of the delay in my application and length of time since leaving my job when they made the calculation for benefits I was essentially ineligible for benefits. (They calculate 52 weeks from the application date to determine your eligibility and the $$ amounts.) She very nicely backdated my application to July when I entered the US so the weeks I'd worked counted in not only for the weeks needed but toward the total calculation. I ended up at full $$ amount for 22 weeks (of a possible 40 I think it is). I got a job after 8 weeks on EI.

Because a K1 is eligible to work in their 90 day period after crossing the POE, whether or not one gets an EAD stamp is irrelevant; you are "eligible" to work per EI. If you don't apply for EI within 4 weeks of leaving your job, they want to know why; that delay in applying makes a big difference to them. They will put your file "on hold" while you are ineligible (due to lack of EAD) and resume your "old" case when you are eligible to work again.

I don't know what differences there are, if any, on a K3.

The people I talked to at EI were extremely helpful. If you can, call them before you move/when you leave your job and ask them how to work it.

Apply within 4 weeks of leaving your job regardless of whether or not you have your EAD or have moved to the US. It is CRITICAL you get in their system.

I almost lost my benefits because I didn't know to do that. It was only because the adjudicator bent the rules that I was able to collect anything. They calculate your $$ amounts from the timing.

So put in for EI, then when you are ineligible to work (aka no EAD), they put it on hold. When you have your EAD they resume your benefits as a continuation.

But you only get the monies from the date of the EAD , they don't back pay you. That is what this lady told me today and I was kinda bummed. For the K-1 it might be different but for K-3 that is what I was told.

I'm not sure what you mean by 'back pay'.

The EI benefit is calculated based on a number of weeks of employment in the last 52 multiplied by a percentage of your wages through that eligible time. The number of weeks of employment varies by location. That's why the timing of the application is so important.

As I described in my last post, when I applied in late December, 52 weeks prior only gave me about 16 weeks of work (late December 2005 to April 2006); too few for benefits for where I lived which required 20 weeks of work to collect. Applying in July gave me 52 weeks prior to that which allowed for the correct number of weeks for my region. My benefit $$ was calculated using those weeks and my wages.

If I had applied 4 weeks after I'd left my job, the payments would have been made to me at that time (after they'd taken their time to review etc.). When I became ineligible to work (which they'd have known by my answers on the time card) they would have stopped paying me. When the EAD came through I would have reinstated my claim (or taken the case 'off hold').

So essentially you're paid for the sum total of the benefits calculated; the only impact the EAD has on it is timing. If you're allotted 38 weeks, then you'll get 38 weeks, unless you get a job before those weeks end. Those weeks may or may not be consecutive...that's the difference.

Make sense?

[Buttons 0]

yes, I just meant that you won't get paid for the time between arriving and the ead approval.

[ceriserose 1]

yes, I just meant that you won't get paid for the time between arriving and the ead approval.

Right.

The sum total of benefits remains the same, it's just broken up in time. Which is a bit of a drag when it's that period of time when typically you need the money.

[Buttons 0]

yes and like I said earlier I'll hopefully get a job right away being in the medical field. The shortage of nurses here, will work to my advantage. Just wish I could have collected it during this period. Oh well.

[Flames9_RN 358]

Should be easy to get a job as a nurse. You a RN? Both my sisters are Rn's back in Canada, and I'm thinking of going that route as well. Do you write the Nclex exam?

I was cr-1 so no help on k1, k3 EI issues. EI was a unexpected bonus. Wasn't for VJ and Cassie I would have never known about it.

[Waiting in Vancouver 6]

yes, I just meant that you won't get paid for the time between arriving and the ead approval.

Right.

The sum total of benefits remains the same, it's just broken up in time. Which is a bit of a drag when it's that period of time when typically you need the money.

When arriving on a K-1 Visa I had the impression that you would still receive EI checks between your entry date and the following 90 days until your I-94 expires (as long as you started a claim in time) at which time EI will stop sending you EI checks until you can show them prove that you are again eligable to work which would mean sending them a copy of your 1 year EAD after you receive it ... Then they would resume sending you checks again.

I also understood that during the time between your I-94 expiring and you receiving your 1 year EAD you will not receive any EI checks and they will not back pay for this "missed" time ... Basically meaning this time would be unpaid ...

Is this not the case ??