EI denied?

[onesassygirl 0]

Thank you for your reply. I have one more question...... How long is the I-94 good for? Do you get it when you go through your POE?

The I-94 is good for 90 days, and yes, you get it at the POE.

[susan+mike 0]

I just got a call from the lady ("Maureen") handling my case at the Interstate Claims office regarding the fax I sent in (SSA policy page). She kept insisting at first that I still needed an EAD (even though Section C of the policy page says I don't require one to be work authorized). So I asked her if it meant that Section C meant nothing to them. She looked for Section C and read it out loud. Here it is for those still unsure of whether or not you can collect EI on a K1:

"The following lists nonimmigrants, by alien classification, who are authorized to work in the US without specific work authorization from INS. The alien's I-94 will not have the INS employment authorization stamp and the alien will not have an EAD ... K-1 Fiance(e) of US citizen ... "

So, I'm guessing that when she got the fax, she didn't read this part even though I pointed it out on my cover letter. She then asked me several questions about the K1 visa and I-94 and I told her that when the I-94 expires, that's when I no longer have any work authorization (and hence my application for an EAD). It seemed like she didn't know how the process went. She said she would lift my disentitlement but would first double check with the other girl who processes K1 cases.

She also mentioned that the new report card system hasn't been working very well, so she had me verbally answer the report cards. She said I didn't need to send in the ones I just got (but I still will, just in case!). I don't know how the system glitches are affecting the report cards being sent out to everyone else...

So now that you have sent the SSA Policy page and they start paying you EI.......are you actively looking for work now, do you have to look for work to be able to collect? Do you have to work and then quit your job if you don't get your EAD before the 90 days when the I-94 expires? How would you prove to an employer you are entitled to work if you don't have your EAD? This is all so confusing. Thank heavens there are so many people before us to answer all these questions. Thanks.

[Flames9_RN 358]

Some things are the same for collecting EI in the USA as in Canada. One has to have enough hrs to qualify. And yes you have to be actively looking for work, so best to keep track of where you have looked. They never contacted me, but they have contacted others. I never colected EI in canada, so not spiffy to al lthe rules and regulations, and I was a cr-1, so no clue for stuff regarding k1'ers! One can apply from Canada, or from the USA, i think its more importantly that you apply fairly soon after you quit ur job. I contacted them by the 1 800 #, asked some questions, then gave them my email addy. They emailed me a link to start the EI process online. Followed their instructions. I belive to "fool" the computer one had to put in an an Address from Ontario on one line (vice putting down ur USA adddy) Was a fairly simple process. I recieved the max amt of $$ one can get, and I think after taxes (they deduct 25% )and whatever the current exchange rate was way back then, worked out to about $1000 usd a month (keep in mind exchange rate)

Best of luck

[kristenm 0]

Based on the previous posts and Section C of the policy, am I to believe that we K-1'ers do not have to have an EAD stamp to be able to work for the 90 days that the I-94 is active?

That is, if we are classified as able to work without an EAD because of our classification, under EI standards, does the same logic apply for actually working in the US?

If so, holy sh*t that's amazing. That means I don't have to take the gamble and use the Ambassor Bridge in the hope of getting an EAD stamp (that is still only valid for 3 months).

Any clariffication is greatly appreciated.

[kristenm 0]

Based on the previous posts and Section C of the policy, am I to believe that we K-1'ers do not have to have an EAD stamp to be able to work for the 90 days that the I-94 is active?

That is, if we are classified as able to work without an EAD because of our classification, under EI standards, does the same logic apply for actually working in the US?

If so, holy sh*t that's amazing. That means I don't have to take the gamble and use the Ambassor Bridge in the hope of getting an EAD stamp (that is still only valid for 3 months).

Any clariffication is greatly appreciated.

[sheraz 0]

Okay....now I'm really getting confused here. I will be moving on March 13th to the US on my K1 and planning on applying for EI. From what I could figure out so far you have to wait till after you move to file and you can't collect till you have your EAD?? I have noticed some say they filed before they left Canada. If you sent the the SSA policy page, can you still collect even if you don't get a work authorization stamp in your passport when you cross the border? My POE will be Calgary and I've heard they don't give the stamp. What happens when that 90 days expires and you don't have your EAD yet? How would you answer the question about being willing, able and ready to work when you report? Do they actually send reporting cards or can you report online?

I applied for EI online two weeks after I moved here, then sent them my original ROE's, copies of my passport bio page, K1 visa and I-94. A couple of weeks later, they sent me my first report card, where I answered "yes" to the "willing and able" question as advised by the fellow VJ'ers here who have successfully collected EI on a K1 (without an EAD stamp/card). Then a few days after mailing off the report card, I received the above denial/ineligibility letter. I just faxed off that policy page from SSA today, so we'll have to wait and see what they say about it. Hopefully they accept it like they did with zyggy. Oh, and I got all report cards in the mail today with dates spanning from when I applied to the date when my I-94 expired. I'll be dropping them off in the mail tomorrow.

You stop receiving EI after your I-94 expires, and it should resume when you send them a copy of your EAD card when you get it.

Thank you for your reply. I have one more question...... How long is the I-94 good for? Do you get it when you go through your POE?

Just out of curiousity what is the E1 benefit.

[Flames9_RN 358]

Okay....now I'm really getting confused here. I will be moving on March 13th to the US on my K1 and planning on applying for EI. From what I could figure out so far you have to wait till after you move to file and you can't collect till you have your EAD?? I have noticed some say they filed before they left Canada. If you sent the the SSA policy page, can you still collect even if you don't get a work authorization stamp in your passport when you cross the border? My POE will be Calgary and I've heard they don't give the stamp. What happens when that 90 days expires and you don't have your EAD yet? How would you answer the question about being willing, able and ready to work when you report? Do they actually send reporting cards or can you report online?

I applied for EI online two weeks after I moved here, then sent them my original ROE's, copies of my passport bio page, K1 visa and I-94. A couple of weeks later, they sent me my first report card, where I answered "yes" to the "willing and able" question as advised by the fellow VJ'ers here who have successfully collected EI on a K1 (without an EAD stamp/card). Then a few days after mailing off the report card, I received the above denial/ineligibility letter. I just faxed off that policy page from SSA today, so we'll have to wait and see what they say about it. Hopefully they accept it like they did with zyggy. Oh, and I got all report cards in the mail today with dates spanning from when I applied to the date when my I-94 expired. I'll be dropping them off in the mail tomorrow.

You stop receiving EI after your I-94 expires, and it should resume when you send them a copy of your EAD card when you get it.

Thank you for your reply. I have one more question...... How long is the I-94 good for? Do you get it when you go through your POE?

Just out of curiousity what is the E1 benefit.

The EI = Employment Insurance. It is a tax we Canadians pay when we work, comes off our paycheck. When one gets laid off, fired (for certain reasons) and moving to be with a spouse is another valid reason, we can apply for EI benefits. The amount one gets is based on your salary and how long you worked for, there is a maximum amount and duration one can collect. I think 36 weeks is the max amount of time

[Carlawarla 1]

No, you can't work without a stamp from the POE. It's a "technicality" that we can collect EI during the first 90 days.

EI = Employment Insurance

Carla

[susan+mike 0]

No, you can't work without a stamp from the POE. It's a "technicality" that we can collect EI during the first 90 days.

EI = Employment Insurance

Carla

Okay..........getting more confused here....lol......... so can we file and collect right after moving to the US and not have to be looking for work until we do get our EAD? I am curious as to how you fill out the cards then????

[onesassygirl 0]

No, you can't work without a stamp from the POE. It's a "technicality" that we can collect EI during the first 90 days.

EI = Employment Insurance

Carla

Okay..........getting more confused here....lol......... so can we file and collect right after moving to the US and not have to be looking for work until we do get our EAD? I am curious as to how you fill out the cards then????

Even though you *can't* work without a stamp, you still have to be "looking for work" to be eligible for EI.

[susan+mike 0]

No, you can't work without a stamp from the POE. It's a "technicality" that we can collect EI during the first 90 days.

EI = Employment Insurance

Carla

Okay..........getting more confused here....lol......... so can we file and collect right after moving to the US and not have to be looking for work until we do get our EAD? I am curious as to how you fill out the cards then????

Even though you *can't* work without a stamp, you still have to be "looking for work" to be eligible for EI.

Still confused here........... so you can file and collect EI within the 90 day time frame of the I-94 when you actually can't work........ so you have to be sending out resumes etc. actively looking for work......... so if someone offers you a job do you just tell them you are not able to work yet or what? I don't get this. I would really like to get this all figured out as I will be done work on Feb.28th and moving shortly afterwards and filing for EI.........

[zyggy 9]

No, you can't work without a stamp from the POE. It's a "technicality" that we can collect EI during the first 90 days.

EI = Employment Insurance

Carla

Okay..........getting more confused here....lol......... so can we file and collect right after moving to the US and not have to be looking for work until we do get our EAD? I am curious as to how you fill out the cards then????

Even though you *can't* work without a stamp, you still have to be "looking for work" to be eligible for EI.

Still confused here........... so you can file and collect EI within the 90 day time frame of the I-94 when you actually can't work........ so you have to be sending out resumes etc. actively looking for work......... so if someone offers you a job do you just tell them you are not able to work yet or what? I don't get this. I would really like to get this all figured out as I will be done work on Feb.28th and moving shortly afterwards and filing for EI.........

YOu can look for work.. it's not your fault that they can't hire you without a written EAD...

[susan+mike 0]

No, you can't work without a stamp from the POE. It's a "technicality" that we can collect EI during the first 90 days.

EI = Employment Insurance

Carla

Okay..........getting more confused here....lol......... so can we file and collect right after moving to the US and not have to be looking for work until we do get our EAD? I am curious as to how you fill out the cards then????

Even though you *can't* work without a stamp, you still have to be "looking for work" to be eligible for EI.

Still confused here........... so you can file and collect EI within the 90 day time frame of the I-94 when you actually can't work........ so you have to be sending out resumes etc. actively looking for work......... so if someone offers you a job do you just tell them you are not able to work yet or what? I don't get this. I would really like to get this all figured out as I will be done work on Feb.28th and moving shortly afterwards and filing for EI.........

YOu can look for work.. it's not your fault that they can't hire you without a written EAD...

So why would one bother to look for work when you can't work....... that is a job in itself looking for one. This just doesn't make sense to me.

[zyggy 9]

No, you can't work without a stamp from the POE. It's a "technicality" that we can collect EI during the first 90 days.

EI = Employment Insurance

Carla

Okay..........getting more confused here....lol......... so can we file and collect right after moving to the US and not have to be looking for work until we do get our EAD? I am curious as to how you fill out the cards then????

Even though you *can't* work without a stamp, you still have to be "looking for work" to be eligible for EI.

Still confused here........... so you can file and collect EI within the 90 day time frame of the I-94 when you actually can't work........ so you have to be sending out resumes etc. actively looking for work......... so if someone offers you a job do you just tell them you are not able to work yet or what? I don't get this. I would really like to get this all figured out as I will be done work on Feb.28th and moving shortly afterwards and filing for EI.........

YOu can look for work.. it's not your fault that they can't hire you without a written EAD...

So why would one bother to look for work when you can't work....... that is a job in itself looking for one. This just doesn't make sense to me.

Welcome to the world of immigration...

[onesassygirl 0]

So why would one bother to look for work when you can't work....... that is a job in itself looking for one. This just doesn't make sense to me.

I know, eh.

If you want to collect EI bad enough, it won't hurt to send out resumes here and there. Besides, you should have PLENTY of time on your hands while waiting for AOS! And who knows, someone out there might be willing to wait for your EAD and hire you as soon as you get it.