The Canuck EI Thread

[Cassie 8]

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.

She's talking about how K-3s are denied the temp EAD (it was brought up in another thread)

[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.

She's talking about how K-3s are denied the temp EAD (it was brought up in another thread)

Ahh, so it's greencard or bust for them?

In that case, it is totally unfair.

[Cassie 8]

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.

She's talking about how K-3s are denied the temp EAD (it was brought up in another thread)

Ahh, so it's greencard or bust for them?

In that case, it is totally unfair.

well, they have to wait to get EADs like K-1s, but for some reason temp EADs are a no-go, I guess.

[Texanadian 10]

So are K-3 people getting EI for the first 90 days or not? As far as I'm reading it, both the K-1 and K-3 get the same I-94 at the border. Correct? If that's the case, EI would be the same for either.

[hheaven67 2]

So are K-3 people getting EI for the first 90 days or not? As far as I'm reading it, both the K-1 and K-3 get the same I-94 at the border. Correct? If that's the case, EI would be the same for either.

No, it's not, if you would've read back a bit, you would've read the document that Gala posted...K1's are able to get EI no matter if their I-94 is stamped or not...K3's don't get it unless they beg, borrow or steal a stamp...and that would be few & far between chance.

Edited May 30, 2008 by hheaven67

[Texanadian 10]

I know how you all feel. Even though I'm a K-1, I didn't get EI during those 90 days. I got my first cheque 7 months after getting to the USA. *sigh*

[hheaven67 2]

I just got off the phone with Donna from EI Interstate Claim Dept (1-877-486-1650), she said that it's the US making the rules regarding K1's and K3's becuz we're going thru the US POE... if I get the stamp then by all means, I'll be getting EI... huge discrimination issue against K3's and the US gov't... if I don't get it, I will definitely be contacting a lawyer... this would cost the US gov't millions if not billions of dollars as I do believe they would have to follow the statute of limitations... reimburse all K3's that were denied EI backdating 6 yrs plus the current year...

Either way, I'm gonna be politely begging for a stamp, if they say "no" then I will tell them the snowball effect this has... gotta wait to get driver's license, SSN, no EI, etc...

Good luck everyone!

jen

[Flames9_RN 358]

Not sure why it would cost the US govt $$$$$, they are NOT the ones that are paying the EI, Canada is. Best of luck on your adventure. You would probably pay more for the lawyer,then one would receive from EI.

[hheaven67 2]

Not sure why it would cost the US govt $$$$$, they are NOT the ones that are paying the EI, Canada is. Best of luck on your adventure. You would probably pay more for the lawyer,then one would receive from EI.

It's the US making the rules against K3's...not getting the temp work auth...EI's hands are tied as they only issue funds to those that have the stamp on the I-94. The directives to USBP is coming from the Department of State, in turn USCIS is involved there as well. I've done my homework.

[Flames9_RN 358]

Glad you have done your homework! Another way to look at things is one has various options when one starts the visa process,and the one sure way of being work eligible is the cr-1 or ir-1. best of luck on your case with the usa govt

[kimmbo 0]

I just got off the phone with Donna from EI Interstate Claim Dept (1-877-486-1650), she said that it's the US making the rules regarding K1's and K3's becuz we're going thru the US POE... if I get the stamp then by all means, I'll be getting EI... huge discrimination issue against K3's and the US gov't... if I don't get it, I will definitely be contacting a lawyer... this would cost the US gov't millions if not billions of dollars as I do believe they would have to follow the statute of limitations... reimburse all K3's that were denied EI backdating 6 yrs plus the current year...

Either way, I'm gonna be politely begging for a stamp, if they say "no" then I will tell them the snowball effect this has... gotta wait to get driver's license, SSN, no EI, etc...

Good luck everyone!

jen

Good luck to you! My husband (K-3) just got a call this morning telling him that his EI has been denied...he worked for 32 years in Canada...so hes a bit upset about it.. she said that relocating to the US to be with his spouse was not a good enough reason to leave his job in Canada...just another speed bump for us in this process..you would think we would be use to them by now.. LOL

[Flames9_RN 358]

APPEAL!!!!! One has a few methods 1) one can attend the interview via phone I believe 2) or fil out a form and explain the situation!!

I was originally denied as well. They said since I was in the Cdn Military and was on a contract and broke that contract to be with my spouse, i was not elgible for EI! I appealed it and won. I used my wifes writing skills to my advantage,lol I explained how we tried various methods before we came to the conclusion it was in our best interest if I moved to the USA. There should send you info on how to appeal, or phone and ask or do a search on the EI section on the internet.

I wasnt even going to bother to appeal, but said what the heck, all they can do is say no. If they are denying it entirely based on moving to the USA to be with a spouse is not a valid reason, that is crock!! But maybe his retirement $$$$ plays into the equation, I dont know!! But check into the appeal process, its worth it.

[Texanadian 10]

Kimmbo, phone up the EI office multiple times if need be. And if that doesn't work appeal.

My appeal was denied, but I'm going to take it up with the next level of appeal. Frustrating stuff. No wonder EI has a 50 billion dollar surplus.

What do people with K-3's get when they cross the POE? I'm still not sure the difference as to why K-1's can get EI and K-3's can't.

[Flames9_RN 358]

Another funny thing with my appeal. The lady called me back and said the judge denied my appeal,BUT she was overriding it and I was approved! weird!!

[Texanadian 10]

Another funny thing with my appeal. The lady called me back and said the judge denied my appeal,BUT she was overriding it and I was approved! weird!!

Sheesh. You've got horseshoes "somewhere" on your body. LOL

Did the appeal people have any idea about your situation? I had to explain EVERYTHING during my phone interview with them. Not surprising as they're members of the community rather than EI workers. How the heck would they know about the ins and outs of the K-1 saga on my end. Had a 45 minute conversation on the phone. I thought I had a pretty good case. Was feeling good about it afterwards. Got the letter awhile later. Unanomous denial.