EI when your in the US

[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.

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.

This sounds correct to me, but again I will say I didn't even apply until I had my 1 year EAD so I don't have this experience to say 'yes' or 'no' definitively. Hopefully someone who lived it can give you a definite answer. However this is pretty much my understanding of it.

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 ??

Okay I'm not sure if the misunderstanding is coming from understanding the EI system in general or just how it applies to someone leaving the country.

EI is calculated based on a set number of weeks of insurable earnings. So to qualify a person had to 1) pay into it via their paycheques, 2) work a certain number of weeks prior to leaving employment (the number of weeks determined by their region/province) and 3) apply within a set timeframe for maximum benefits. Benefits are calculated using the income for the 52 weeks prior to the claim.

So person A living in Regina needs 16 weeks of insurable earnings to even be eligible. They leave their job, apply for EI and have 20 weeks of insurable earnings. There may be an older job they had before that that has another 47 weeks of insurable earnings (but they never claimed EI because after the 47 week job they started right away on the 20 week job). Their EI benefit is calculated using the 52 weeks of earnings immediately prior to the application date, and a dollar amount is determined that they are eligible to be paid for a certain number of weeks to come. The stipulation is that to be paid that money they need to be ready, able, and willing to work, as well as be actively job hunting. They may be asked for proof of active job hunting at any time.

The total amount person A receives is divided into a weekly allotment (I'm not sure the criteria of how and why). There is a maximum number of weeks that anyone can be paid out. Not everyone is eligible for the maximum number of weeks. Person A will send in timecards and receive benefits until the benefits run out or they find a job, whichever comes first.

So person B is moving to the US. They leave their job and apply for EI. Their insurable earnings and weeks worked calculate into 38 weeks of benefits. They move to the US and are eligible under the terms of their visa (K1) to receive benefits immediately and they are paid accordingly. They are paid for 6 weeks until their K1 visa expires (or the I-94 or whatever the 'proof' is). They are then ineligible for benefits. But the amount they were initially calculated at doesn't change, which is based on the application date, and the 52 weeks of earnings prior to the application date.

Once person B receives a green card or 1 year EAD, they are now eligible to receive benefits again. They contact EI and request their claim be resumed, based on the new EAD/green card (providing that as proof). EI has on their ledger that 32 weeks of benefits are still available (38 weeks total minus the 6 already paid). So person B will be paid benefits for up to 32 weeks or until they become employed, whichever comes first.

Now if you don't apply right after you leave your job, your application date and the 52 weeks prior to it may contain many weeks of unemployment and no insurable earnings. Like what happened to me, the 52 weeks prior to my December 2005 application didn't have enough weeks for me to be even eligible, never mind be paid anything. By backdating my application 6 months, I gained not only the eligibility but enough to qualify for 22 weeks of payment.

EI needs you to have a darned good reason for not applying as soon as you leave employment and may even decline you benefits for waiting too long to file.

The concept of "missed time" is a bit confusing to me...that time after K1 expires and before receiving a green card or EAD was not in the calculations made to determine your benefit. The initial benefit calculated remains the same; you just pick it up where you left off when you're eligible again. If you make application late as I did, then the time of ineligibility you have in the US is calculated (to your detriment) and those "missed time" weeks would matter. In my case my application was backdated so that didn't screw me up, in essence making my claim in December 2005 a 'resumed' claim not a new one.

This is why it's crucial to apply early...because when you have that break in time where you're ineligible, you RESUME your claim, not start a new one. Resuming a claim means you don't lose the weeks that were originally calculated, and they don't calculate "missed time" weeks that will cause your numbers to skew.

Gah, I hope this makes sense. I'm dead tired.

[Buttons 0]

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.

No, I'm a RPN. That's something else I need to figure out how to get Licensed in the USA. Haven't look into that yet. Sure it's just a matter of taking a state test.

[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.

This sounds correct to me, but again I will say I didn't even apply until I had my 1 year EAD so I don't have this experience to say 'yes' or 'no' definitively. Hopefully someone who lived it can give you a definite answer. However this is pretty much my understanding of it.

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 ??

Okay I'm not sure if the misunderstanding is coming from understanding the EI system in general or just how it applies to someone leaving the country.

EI is calculated based on a set number of weeks of insurable earnings. So to qualify a person had to 1) pay into it via their paycheques, 2) work a certain number of weeks prior to leaving employment (the number of weeks determined by their region/province) and 3) apply within a set timeframe for maximum benefits. Benefits are calculated using the income for the 52 weeks prior to the claim.

So person A living in Regina needs 16 weeks of insurable earnings to even be eligible. They leave their job, apply for EI and have 20 weeks of insurable earnings. There may be an older job they had before that that has another 47 weeks of insurable earnings (but they never claimed EI because after the 47 week job they started right away on the 20 week job). Their EI benefit is calculated using the 52 weeks of earnings immediately prior to the application date, and a dollar amount is determined that they are eligible to be paid for a certain number of weeks to come. The stipulation is that to be paid that money they need to be ready, able, and willing to work, as well as be actively job hunting. They may be asked for proof of active job hunting at any time.

The total amount person A receives is divided into a weekly allotment (I'm not sure the criteria of how and why). There is a maximum number of weeks that anyone can be paid out. Not everyone is eligible for the maximum number of weeks. Person A will send in timecards and receive benefits until the benefits run out or they find a job, whichever comes first.

So person B is moving to the US. They leave their job and apply for EI. Their insurable earnings and weeks worked calculate into 38 weeks of benefits. They move to the US and are eligible under the terms of their visa (K1) to receive benefits immediately and they are paid accordingly. They are paid for 6 weeks until their K1 visa expires (or the I-94 or whatever the 'proof' is). They are then ineligible for benefits. But the amount they were initially calculated at doesn't change, which is based on the application date, and the 52 weeks of earnings prior to the application date.

Once person B receives a green card or 1 year EAD, they are now eligible to receive benefits again. They contact EI and request their claim be resumed, based on the new EAD/green card (providing that as proof). EI has on their ledger that 32 weeks of benefits are still available (38 weeks total minus the 6 already paid). So person B will be paid benefits for up to 32 weeks or until they become employed, whichever comes first.

Now if you don't apply right after you leave your job, your application date and the 52 weeks prior to it may contain many weeks of unemployment and no insurable earnings. Like what happened to me, the 52 weeks prior to my December 2005 application didn't have enough weeks for me to be even eligible, never mind be paid anything. By backdating my application 6 months, I gained not only the eligibility but enough to qualify for 22 weeks of payment.

EI needs you to have a darned good reason for not applying as soon as you leave employment and may even decline you benefits for waiting too long to file.

The concept of "missed time" is a bit confusing to me...that time after K1 expires and before receiving a green card or EAD was not in the calculations made to determine your benefit. The initial benefit calculated remains the same; you just pick it up where you left off when you're eligible again. If you make application late as I did, then the time of ineligibility you have in the US is calculated (to your detriment) and those "missed time" weeks would matter. In my case my application was backdated so that didn't screw me up, in essence making my claim in December 2005 a 'resumed' claim not a new one.

This is why it's crucial to apply early...because when you have that break in time where you're ineligible, you RESUME your claim, not start a new one. Resuming a claim means you don't lose the weeks that were originally calculated, and they don't calculate "missed time" weeks that will cause your numbers to skew.

Gah, I hope this makes sense. I'm dead tired.

Yup I think I understand it all now ...

I have already applied for EI (I think I applied about 2.5 to 3 weeks after I left my job) at the beginning of August and have been filling out cards ... I haven't received any checks yet but I hear there is a certain waiting period ... Also, I had about 3 weeks serverance pay that my company paid me out of the goodness of their heart so I imagine this could also delay me an additional 3 weeks on top of the waiting period ...

My I-94 is good until October 22 I believe so that is when I would stop getting checks ... It would be almost impossible for my EAD to be here by then ...

I already have a great job opportunity so I am pretty sure as soon as I get my EAD I will be employed from this company and will not need to get my claim going again ...

Edited September 9, 2006 by Waiting in Vancouver

[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.

No, I'm a RPN. That's something else I need to figure out how to get Licensed in the USA. Haven't look into that yet. Sure it's just a matter of taking a state test.

Is a RPN the same as a LPN? So many different types/levels of nursing. Most likely find your testing online. I know once a person grdauraes form the RN program they write NCLEX, I believe its good USA wife, but not certain. Worry about that in a few yrs. Cheers

[Buttons 0]

Yes, it is the same as a LPN will go back for my RN once I get a job and am settled. Most places in the usa offer tuition reimbursment so that is a huge plus.

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.

This sounds correct to me, but again I will say I didn't even apply until I had my 1 year EAD so I don't have this experience to say 'yes' or 'no' definitively. Hopefully someone who lived it can give you a definite answer. However this is pretty much my understanding of it.

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 ??

Okay I'm not sure if the misunderstanding is coming from understanding the EI system in general or just how it applies to someone leaving the country.

EI is calculated based on a set number of weeks of insurable earnings. So to qualify a person had to 1) pay into it via their paycheques, 2) work a certain number of weeks prior to leaving employment (the number of weeks determined by their region/province) and 3) apply within a set timeframe for maximum benefits. Benefits are calculated using the income for the 52 weeks prior to the claim.

So person A living in Regina needs 16 weeks of insurable earnings to even be eligible. They leave their job, apply for EI and have 20 weeks of insurable earnings. There may be an older job they had before that that has another 47 weeks of insurable earnings (but they never claimed EI because after the 47 week job they started right away on the 20 week job). Their EI benefit is calculated using the 52 weeks of earnings immediately prior to the application date, and a dollar amount is determined that they are eligible to be paid for a certain number of weeks to come. The stipulation is that to be paid that money they need to be ready, able, and willing to work, as well as be actively job hunting. They may be asked for proof of active job hunting at any time.

The total amount person A receives is divided into a weekly allotment (I'm not sure the criteria of how and why). There is a maximum number of weeks that anyone can be paid out. Not everyone is eligible for the maximum number of weeks. Person A will send in timecards and receive benefits until the benefits run out or they find a job, whichever comes first.

So person B is moving to the US. They leave their job and apply for EI. Their insurable earnings and weeks worked calculate into 38 weeks of benefits. They move to the US and are eligible under the terms of their visa (K1) to receive benefits immediately and they are paid accordingly. They are paid for 6 weeks until their K1 visa expires (or the I-94 or whatever the 'proof' is). They are then ineligible for benefits. But the amount they were initially calculated at doesn't change, which is based on the application date, and the 52 weeks of earnings prior to the application date.

Once person B receives a green card or 1 year EAD, they are now eligible to receive benefits again. They contact EI and request their claim be resumed, based on the new EAD/green card (providing that as proof). EI has on their ledger that 32 weeks of benefits are still available (38 weeks total minus the 6 already paid). So person B will be paid benefits for up to 32 weeks or until they become employed, whichever comes first.

Now if you don't apply right after you leave your job, your application date and the 52 weeks prior to it may contain many weeks of unemployment and no insurable earnings. Like what happened to me, the 52 weeks prior to my December 2005 application didn't have enough weeks for me to be even eligible, never mind be paid anything. By backdating my application 6 months, I gained not only the eligibility but enough to qualify for 22 weeks of payment.

EI needs you to have a darned good reason for not applying as soon as you leave employment and may even decline you benefits for waiting too long to file.

The concept of "missed time" is a bit confusing to me...that time after K1 expires and before receiving a green card or EAD was not in the calculations made to determine your benefit. The initial benefit calculated remains the same; you just pick it up where you left off when you're eligible again. If you make application late as I did, then the time of ineligibility you have in the US is calculated (to your detriment) and those "missed time" weeks would matter. In my case my application was backdated so that didn't screw me up, in essence making my claim in December 2005 a 'resumed' claim not a new one.

This is why it's crucial to apply early...because when you have that break in time where you're ineligible, you RESUME your claim, not start a new one. Resuming a claim means you don't lose the weeks that were originally calculated, and they don't calculate "missed time" weeks that will cause your numbers to skew.

Gah, I hope this makes sense. I'm dead tired.

Yup I think I understand it all now ...

I have already applied for EI (I think I applied about 2.5 to 3 weeks after I left my job) at the beginning of August and have been filling out cards ... I haven't received any checks yet but I hear there is a certain waiting period ... Also, I had about 3 weeks serverance pay that my company paid me out of the goodness of their heart so I imagine this could also delay me an additional 3 weeks on top of the waiting period ...

My I-94 is good until October 22 I believe so that is when I would stop getting checks ... It would be almost impossible for my EAD to be here by then ...

I already have a great job opportunity so I am pretty sure as soon as I get my EAD I will be employed from this company and will not need to get my claim going again ...

I've been filling out cards also but was just informed on Friday that the claim is on hold until I get the EAD. Just sit and wait now. Good Luck.

[Canuck Carrie 1]

Your EI will stop the day your K1 Visa expires, not the I-94.

[Waiting in Vancouver 6]

Your EI will stop the day your K1 Visa expires, not the I-94.

Thats good for me then because my I-94 expires in October and my K-1 expires in December ... That must be because Canada doesn't understand the K-1 Visa then ...

[Waiting in Vancouver 6]

I've been filling out cards also but was just informed on Friday that the claim is on hold until I get the EAD. Just sit and wait now. Good Luck.

It might be because you entered on a K-3 Visa ... Not sure though ...

I guess I will see if I get any checks or not ..