The Canuck EI Thread

[L_n_O 3]

I got EI for 90 days in Nov through Feb without my EAD and I came on a K1

That's weird for sure.

On another note, I was wondering if the email saying that you got approved for your EAD is enough to re-open your EI claim?

[DavidsPrincess 1]

We aren't sure if my hubby's EI has been approved or not...he has been waiting for over 2 months now for his Record of Employment to come, but they said they sent it to EI electronically. He has been getting cards and signing them ever since he got here. When will he start getting payments? Does the fact that he is getting cards mean his EI was approved?

[Flames9_RN 358]

Just gettign cards doesnt mean ur approved!! Best to phone them

[L_n_O 3]

agreed

[Emancipation 2]

Just gettign cards doesnt mean ur approved!! Best to phone them

And phone them and phone them.. and drive them so bonkers they approve you just to keep you from calling again.

That was my approach anyway (once a week until I was approved).. "am i approved yet?"...

[DavidsPrincess 1]

How long did it take before you were approved? At this rate, he'll have his EAD before they even send a payment

[Emancipation 2]

How long did it take before you were approved? At this rate, he'll have his EAD before they even send a payment

Yep that was about my time line.. I got a whole load of money at once - and then I had my EAD and got work so I didn't need the UI any more tee hee.

[daisylynn 0]

Please forgive me if I'm asking a question that has already been asked. I've tried to read through some of the posts, but I don't understand EI in the first place, since dh is the Canadian, I the American.

So, in short, here is our story:

Dh just got his IR1 (by DCF) approved. We are debating rather to find a job then move or move then look for a job. Would he be eligible for EI and how do we go about it? And what is the best way to go, move first or find a job first? I'm gathering that it's before a job is found. Sorry if these are dumb questions, I'm totally lost with this!

Oh and if it applies to us, how much is is and how soon does one receive it?

Edited April 28, 2008 by daisylynn

[trailmix 77]

Please forgive me if I'm asking a question that has already been asked. I've tried to read through some of the posts, but I don't understand EI in the first place, since dh is the Canadian, I the American.

So, in short, here is our story:

Dh just got his IR1 (by DCF) approved. We are debating rather to find a job then move or move then look for a job. Would he be eligible for EI and how do we go about it? And what is the best way to go, move first or find a job first? I'm gathering that it's before a job is found. Sorry if these are dumb questions, I'm totally lost with this!

Oh and if it applies to us, how much is is and how soon does one receive it?

He might be eligible, only way to find out is to apply (which he can do online).

Basically they will determine whether it was his 'choice' to quit his current employment of if he 'needed' to move to be with his U.S. citizen wife.

If he finds a job in the U.S. before quitting his current Canadian employment, he won't be eligible probably.

How much he is paid, if accepted, depends on the unemployment rate in the area you live in and how many insurable hours he has worked in the last 52 weeks. When he gets paid depends on what he gets paid on his last pay cheque. For instance if he gets paid out a weeks holiday pay, they count that as income, of course, so they will account for that before paying out anything. Also there is a 2 week waiting period regardless of what is on that last paycheque.

Edited April 28, 2008 by trailmix

[Texanadian 10]

Since the old thread is disabled, I'm lost

I called EI and they said that unless I get the EAD stamp when I cross the border, my K-1 is useless to use to file because I must have permission to work, and if the K-1 gives me work status that is something I have to taken up with US immigration!

So someone please give me the bottom line before I rupture something continuing to try to arrange to cross at Windsor to try to get the stamp.

No no no! File for EI regardless of whether or not you get the EAD stamp at the border. I didn't file until after my post marriage EAD card time frame....Canada EI phoned me after applying and asked why I didn't apply immediately after crossing the border.

When I told them the border wouldn't give me the stamp and border also told me I couldn't work immediately, Canada EI answered "if you'd just sent in your I-94, you could have collected during those 90 days." I asked if the I-94 card itself counted as work authorization. The lady said yes it is.

Now whether the I-94 counts as work authorization or not in the US is still a mystery. But for EI purposes it does.

Edited April 28, 2008 by Texanadian

[Galateia 1]

Since the old thread is disabled, I'm lost

I called EI and they said that unless I get the EAD stamp when I cross the border, my K-1 is useless to use to file because I must have permission to work, and if the K-1 gives me work status that is something I have to taken up with US immigration!

So someone please give me the bottom line before I rupture something continuing to try to arrange to cross at Windsor to try to get the stamp.

No no no! File for EI regardless of whether or not you get the EAD stamp at the border. I didn't file until after my post marriage EAD card time frame....Canada EI phoned me after applying and asked why I didn't apply immediately after crossing the border.

When I told them the border wouldn't give me the stamp and border also told me I couldn't work immediately, Canada EI answered "if you'd just sent in your I-94, you could have collected during those 90 days." I asked if the I-94 card itself counted as work authorization. The lady said yes it is.

Now whether the I-94 counts as work authorization or not in the US is still a mystery. But for EI purposes it does.

I have been so stressed out lately getting everything together, I haven't been back here lately.

the info that I got from the EI woman was that when I file, I must include:

Original record of employment

Letter proving my FI works in the US

Photocopy of Work Auth. Document to prove I am able to work in the US

Photocopy of my Visa

and I should probably toss in a copy of my marriage license when I get it. (Sorry about the errant punctuation and capitalization, I'm on a grumpy old laptop)

She said If I do not have the I-94, file anyway IMMEDIATELY and they will put your application on hold until they receive the missing work auth. documents and then they will complete it and start giving you the payments. No work auth, no money for those months you didn't have work auth. to be employed in the US.

I tried to run with just a K-1 but the woman said that if that will give me auth. to work in the US enough for filing EI that is something i have to work out with USCIS.

So I'm back to going through windsor and praying that I get the I-94.

Edited May 6, 2008 by Galateia

[Texanadian 10]

the info that I got from the EI woman was that when I file, I must include:

Original record of employment

Letter proving my FI works in the US

Photocopy of Work Auth. Document to prove I am able to work in the US

Photocopy of my Visa

and I should probably toss in a copy of my marriage license when I get it. (Sorry about the errant punctuation and capitalization, I'm on a grumpy old laptop)

She said If I do not have the I-94, file anyway IMMEDIATELY and they will put your application on hold until they receive the missing work auth. documents and then they will complete it and start giving you the payments. No work auth, no money for those months you didn't have work auth. to be employed in the US.

I tried to run with just a K-1 but the woman said that if that will give me auth. to work in the US enough for filing EI that is something i have to work out with USCIS.

So I'm back to going through windsor and praying that I get the I-94.

I like that you're being thorough. But I think the information you got was not quite right. They don't need to know that your spouse/fiance in the US works or not. You should be filing for EI before you get married. Should be filing the day you arrive in the US.

The work authorization document proving work authorization will be the I-94 regardless of it's stamped with the 90 day work stamp or not.

Everybody gets an I-94. Hardly anybody gets an I-94 with the stamp.

[Galateia 1]

I like that you're being thorough. But I think the information you got was not quite right. They don't need to know that your spouse/fiance in the US works or not. You should be filing for EI before you get married. Should be filing the day you arrive in the US.

The work authorization document proving work authorization will be the I-94 regardless of it's stamped with the 90 day work stamp or not.

Everybody gets an I-94. Hardly anybody gets an I-94 with the stamp.

Oops, my bad; the letter was for my HR department at work so they could put 'relocation to be with spouse' as why I resigned.

I'm very confused about the I-94. I thought the I-94 was a stamp you got on your K visa indicating you have work authorization that's given by the border crossing?

If it isn't that, what exactly is it and can I use it for EI if it is not stamped?

I'll be filing for EI as soon as I get to the US, but I'll be getting married the day after I get there if all goes according to plan. I resigned at work as of April 25th as my last day, and will be going to the US on May 17th or 18th.

EI has to be filed within 4 weeks of resigning, yes?

Thanks for your help on this, I feel quite lost!

[Texanadian 10]

The I-94 is a recipe sized card that they staple to your passport. This is what signifies the start and end of your K-1. So if you cross on May 18th, it'll say May 18th and Aug 18th (might not be Aug 18th, but it will be 90 days into the future).

The 90 day work authorization stamp has traditionally been stamped on to the I-94. But for whatever reason they don't appear to be giving out these stamps unless you go to a certain POE. I believe the work authorization stamps says "employment authorized until _____." but I'm not sure. (I never got one)

My Record of Employment never said relocated for marriage. Just said quit. But I think you can manually enter in your reason when you sign up for EI. A photocopy of your K-1 and passport will show that you did indeed move for spouse anyways. (Who else would get a K-1 visa?)

As for the filed within 4 weeks deal? Earlier is better. Remember, they're counting your hours worked on your Record of Employment going back 52 weeks from the day you file. Not the last 52 weeks you worked. So if you file May 25th but stopped working April 25th, you've automatically lost one month's worth of your hours worked.

In my case, I had just about 2200 hours on my ROE. But since I filed 3 months after crossing the border, my hours got reduced to around 1500. If you're waiting a month to file, you may lose about 200 hours off your insurable hours that's listed on your ROE.

Edited May 8, 2008 by Texanadian

[Galateia 1]

The I-94 is a recipe sized card that they staple to your passport. This is what signifies the start and end of your K-1. So if you cross on May 18th, it'll say May 18th and Aug 18th (might not be Aug 18th, but it will be 90 days into the future).

The 90 day work authorization stamp has traditionally been stamped on to the I-94. But for whatever reason they don't appear to be giving out these stamps unless you go to a certain POE. I believe the work authorization stamps says "employment authorized until _____." but I'm not sure. (I never got one)

My Record of Employment never said relocated for marriage. Just said quit. But I think you can manually enter in your reason when you sign up for EI. A photocopy of your K-1 and passport will show that you did indeed move for spouse anyways. (Who else would get a K-1 visa?)

As for the filed within 4 weeks deal? Earlier is better. Remember, they're counting your hours worked on your Record of Employment going back 52 weeks from the day you file. Not the last 52 weeks you worked. So if you file May 25th but stopped working April 25th, you've automatically lost one month's worth of your hours worked.

In my case, I had just about 2200 hours on my ROE. But since I filed 3 months after crossing the border, my hours got reduced to around 1500. If you're waiting a month to file, you may lose about 200 hours off your insurable hours that's listed on your ROE.

I can't file until I get my record of employment from my old workplace, and that goes out with my last paycheck, which will be tomorrow. The earliest I can get the record of employment would be Monday, I'd guess.

Should I file Monday even though I will be moving to the US the following Saturday?

Thanks for clearing this up.