The Canuck EI Thread

[Flames9_RN 358]

Keep in mind one still has to have enough qualifying hours from your previous work and dont quit your job to far in advance! One VJ member was denied because according to the EI people she quit too early!!

[L_n_O 3]

I worked my last day about 3 days before I moved just to be safe..

[anxiouslywaiting 0]

I have been working full time for almost 5 years for the company I currently work for so I shouldn't have a problem hours wise. My plan is to quit around a week or so before I actually leave so hopefully that will be ok and not too soon!

[L_n_O 3]

i would try to keep it inside of a week...

[anxiouslywaiting 0]

wow they must really be strict!

[hheaven67 2]

They are extremely strict but there are no consistencies, remember... this is government we are dealing with. You are not guaranteed EI tho...both K1 and K3 are non-immigrant visas and EAD must be applied for. The only way one can receive EI is to get a stamp on your I-94 at the POE or hope to God someone screws up on your application and approves it.

[Team J and B 2]

They are extremely strict but there are no consistencies, remember... this is government we are dealing with. You are not guaranteed EI tho...both K1 and K3 are non-immigrant visas and EAD must be applied for. The only way one can receive EI is to get a stamp on your I-94 at the POE or hope to God someone screws up on your application and approves it.

Is this true? From what I'm reading in this thread, basically you need to have had an EAD stamp at one of those few and far between POEs (not mine when I entered on K1), mail a copy of your I-94 with that said stamp to EI in order for them to deem you eligible because that proves, "Yes, she is actively looking for work and this stamp proves she is ready, willing, and able to as soon as she finds a job within her expertise and level."

So no EAD stamp in your I-94, no EI?

[hheaven67 2]

B)-->

QUOTE(Team J and B @ May 26 2008, 12:09 PM) <{POST_SNAPBACK}>

They are extremely strict but there are no consistencies, remember... this is government we are dealing with. You are not guaranteed EI tho...both K1 and K3 are non-immigrant visas and EAD must be applied for. The only way one can receive EI is to get a stamp on your I-94 at the POE or hope to God someone screws up on your application and approves it.

Is this true? From what I'm reading in this thread, basically you need to have had an EAD stamp at one of those few and far between POEs (not mine when I entered on K1), mail a copy of your I-94 with that said stamp to EI in order for them to deem you eligible because that proves, "Yes, she is actively looking for work and this stamp proves she is ready, willing, and able to as soon as she finds a job within her expertise and level."

So no EAD stamp in your I-94, no EI?

EXACTLY!

[anxiouslywaiting 0]

But my understanding is that you still apply once you move even if you don't get the stamp and then once you do get your EAD and you don't have a job they will start paying EI ... is that correct?

[David_n_Amber 3]

I finally got my first EI check in the mail today.. woohoooooooo

They are extremely strict but there are no consistencies, remember... this is government we are dealing with. You are not guaranteed EI tho...both K1 and K3 are non-immigrant visas and EAD must be applied for. The only way one can receive EI is to get a stamp on your I-94 at the POE or hope to God someone screws up on your application and approves it.

thats not the case.. i never got a work stamp on my 94 when i came, nor was my application "messed up" by anyone.. and i just got my first check in the mail... so....... yeah

[Galateia 1]

I spent some time on the phone clarifying the I-94 issue, and she read through some documentation that said that a K-1 with a valid I-94 is considered the exception to a rule she didn't specify, but she confirmed that yes, it will work as an EAD for EI.

I've FINALLY got my gross earnings for the best 14 weeks from my employer because my pay stubs are somewhere at large in a U-Pack trailer.

I'm sending in the supporting documentation for the application I submitted online right after I got here; there is a fax number I can send it to so they can get started before they receive the official ROE in the mail.

Does anyone have this fax number?

Thanks.

[hheaven67 2]

What I just found on the website: http://www.americanlaw.com/fiance.html

"Aliens admitted to the United States as K-3 or K-4 nonimmigrants are authorized to work incident to their status as are K-1 and K-2 nonimmigrants. However, like K-1 and K-2 nonimmigrants, K-3 and K-4 nonimmigrants must still obtain an employment authorization before commencing their employment.

Aliens classified as K-3 or K-4 who are seeking to renew their employment authorizations will be required to show that they are pursuing the immigration process. They will have to show that Form I-130 has been filed on their behalf and, if approved, that their application for an immigrant visa or their application for adjustment of status has been filed with USCIS or Department of State, as applicable."

Why aren't there many POE's following this? I am going to be copying this off & taking it with me to show them at the POE...I'm also going to be contacting this lawyers office to find out their source of info...can you imagine if this is correct and there IS discrimination between fiance & spouse...how much that could cost the Canadian gov't?

Btw Gala, I would've made sure I got the gals name & ask for a copy of this "rule" emailed/faxed to you to CYA...

Edited May 29, 2008 by hheaven67

[Galateia 1]

What I just found on the website: http://www.americanlaw.com/fiance.html

"Aliens admitted to the United States as K-3 or K-4 nonimmigrants are authorized to work incident to their status as are K-1 and K-2 nonimmigrants. However, like K-1 and K-2 nonimmigrants, K-3 and K-4 nonimmigrants must still obtain an employment authorization before commencing their employment.

Aliens classified as K-3 or K-4 who are seeking to renew their employment authorizations will be required to show that they are pursuing the immigration process. They will have to show that Form I-130 has been filed on their behalf and, if approved, that their application for an immigrant visa or their application for adjustment of status has been filed with USCIS or Department of State, as applicable."

Why aren't there many POE's following this? I am going to be copying this off & taking it with me to show them at the POE...I'm also going to be contacting this lawyers office to find out their source of info...can you imagine if this is correct and there IS discrimination between fiance & spouse...how much that could cost the Canadian gov't?

Btw Gala, I would've made sure I got the gals name & ask for a copy of this "rule" emailed/faxed to you to CYA...

According to this document: EAD/K-1 SSN info we are work authorized without an EAD stamp. I've printed out an extra copy to send in with my EI application, as extra surety that EI understands I'm work authorized.

Relevant quotes, my emphasis bolded:

"When an alien in K-1 status applies for an orignal SSN card, accept as proof of employment authorization either an unexpired:

- I-94 showing the alien is admitted as a K-1 for a 90 day period; OR

-EAD [...]

Some I-94s issued to K-1s are stamped or annotated "EMPLOYMENT AUTHORIZED" and some are not. Either way, the I-94 is proof that a K-1 alien is authorized to work."

As the woman said (I've talked to a woman at that number 3 times total now) whether or not I am work authorized is between US immigration and myself. This document proves that US immigration allows me to work on an unexpired I-94 in a K-1 visa, stamp or no stamp.

[hheaven67 2]

Wow Gala...that is awesome information! Really conflicting tho between the USCIS & Canadian EI...they say there's no discrimination...ya right...

You have to really wonder why they made such a rule...a K visa is a K visa, bottom line, they should all be treated the same...you and I still have to apply for AOS & EAD...all that fun stuff...I just don't get it!

all the best....

jen

[Galateia 1]

Wow Gala...that is awesome information! Really conflicting tho between the USCIS & Canadian EI...they say there's no discrimination...ya right...

You have to really wonder why they made such a rule...a K visa is a K visa, bottom line, they should all be treated the same...you and I still have to apply for AOS & EAD...all that fun stuff...I just don't get it!

all the best....

jen

I'm a bit confused as to how we K-1s are being discriminated against, if K-1s and K-3s both are required to seek Employment Authorization, etc?

I'd recommend all EI filers with an I-94 to print out that document I linked to and send in along with their supporting documentation for EI.