The Canuck EI Thread

[JillA 2]

I thought your EI ended upon the expiry date of your I-94, then once you receive your EAD and fax it to them, your EI is resumed until you become employed in the US. Is that correct?

[Udella&Wiz 325]

I thought your EI ended upon the expiry date of your I-94, then once you receive your EAD and fax it to them, your EI is resumed until you become employed in the US. Is that correct?

Yes maam - happened that way for me. The way it worked out, the time between when the I-94 expired and the actual effective date of the EAD was only a couple weeks...so by the time I faxed the EAD in - they owed me a couple back weeks too- yippee! I got a job about a month after eceiving the EAD so once I'd received my first pay, I phoned in and cancelled it.

[JillA 2]

I thought your EI ended upon the expiry date of your I-94, then once you receive your EAD and fax it to them, your EI is resumed until you become employed in the US. Is that correct?

Yes maam - happened that way for me. The way it worked out, the time between when the I-94 expired and the actual effective date of the EAD was only a couple weeks...so by the time I faxed the EAD in - they owed me a couple back weeks too- yippee! I got a job about a month after eceiving the EAD so once I'd received my first pay, I phoned in and cancelled it.

Oh I gotcha!! See my I-94 expired Feb. 13, so I figured my last payment came and went already. But yesterday I received a new report card for the last 2 weeks in Feb, and I have yet to fax in my EAD to them yet. Anyhoo, I did get a notice saying EAD was mailed to me so I should have it any day now.

[coldwatersurf 5]

i am so confused. Can someone please re-summarize in point form? I am reading that K3 do not get EI b/c they cannot work and reading k1 does. I'm also reading something about I-94 being stamped but k3 people dont get the stamp????. So.... I'm K3... can anyone in my situation explain what i have to do or do i just not get EI?

[Galateia 1]

i am so confused. Can someone please re-summarize in point form? I am reading that K3 do not get EI b/c they cannot work and reading k1 does. I'm also reading something about I-94 being stamped but k3 people dont get the stamp????. So.... I'm K3... can anyone in my situation explain what i have to do or do i just not get EI?

K-3s are not eligible to get EI. Sorry.

K-1s are eligible by 'virtue of visa class' and it has nothing to do with the stamp anymore. The stamps are not given out anymore, although some people happen to get an old-school, pre-9/11 processing border agent who gives one to them.

It might have been better to go CR-1 instead of K-3 so you would have full authorization to work when you landed in the US.

[coldwatersurf 5]

Thats a big bummer.

That really sucks.

has there been any situation where a k3 have been approved for EI?

I'm reading how some ppl get EI w/o getting SSN?

o brother!

unfortunately in my case, i need to go with K3.

Edited March 17, 2009 by borderdriver

[Galateia 1]

Thats a big bummer.

That really sucks.

has there been any situation where a k3 have been approved for EI?

I'm reading how some ppl get EI w/o getting SSN?

o brother!

unfortunately in my case, i need to go with K3.

No, because K-3s cannot get work authorization until they get their EAD with their AOS application, as far as I know, and in order for you to get EI you have to apply within 4 weeks of quitting your job in Canada. Even if you apply for AOS the day you arrive in the US, you won't get your EAD for some months, by which you will be long past your window to apply for EI.

Hope that helps clear it up.

K-3s really get the short end of the stick, that's why it's better to do a CR1, from what I understand.

[coldwatersurf 5]

So i talked to my immediate supervisor that either way i can be rejected to claim EI....and he said he can just lay me off that is awfully nice of him but it makes me nervous to claim EI when I am not living in Canada later. I just dont want karma biting me back even when my job really really sucks & i'm not happy anymore and I can quit for just cause (yeah its that bad). My question is, can I collect EI even if I'm quitting for just cause (yes i do have proof of this) or if i'm laid off and then i move to states 1 month after? i dont want to call EI office and ask them this.

I already accepted that the worst possible situation is I dont collect EI, and that's life.. i'll survive but a bonus would be good but not necessary.

sorry for asking weird questions... just checking all options.

[MrsCat 6]

You may be able to collect EI if you quit for with a valid reason, but that would be for the EI decision-maker to determine. Personally, I would be careful with quitting, because their standards of what constitutes just cause may be higher. Especially in a time when people are fighting just to maintain their jobs, they may be jaded by someone who voluntarily leaves. Of course that is just my opinion, and I am sure you have plenty of valid reasons for leaving by the sounds of it.

http://www.servicecanada.gc.ca/eng/ei/info...y_leaving.shtml

As for when to apply, if you leave your job and apply for benefits one month later, you'll be cutting it close to the application deadline. According to their website "Delaying in filing your claim for benefits beyond 4 weeks after your last day of work may cause loss of benefits."

http://www.servicecanada.gc.ca/eng/ei/type...lar.shtml#apply

On a personal note, when I quit work, I was pretty fed up with the sh!t going on, so I moved up my last date of work by 2 weeks. But I made sure it was still after my visa was approved. I applied when I got to the US, 3 weeks later. I didn't have a problem claiming for benefits.

[Behzad 0]

Hi, My Fiance is currently employed and working. once she gets her visa she will move to live with me in US. Can she apply for EI ehen she quits her job? Does she need to be laid off to collect EI? can she collect Ei while she lives outside of Canada?

Thanks

[JillA 2]

Hi, My Fiance is currently employed and working. once she gets her visa she will move to live with me in US. Can she apply for EI ehen she quits her job? Does she need to be laid off to collect EI? can she collect Ei while she lives outside of Canada?

Thanks

All of the answers to your questions are in this thread.... yes I know it's long but it really helps to read it all and find out the details.

[Flames9_RN 358]

Its all listed on this forum, as well here http://www.visajourney.com/wiki/index.php/...ting_to_the_U.S.]

http://www.visajourney.com/wiki/index.php/Canada

[Texanadian 10]

No, because K-3s cannot get work authorization until they get their EAD with their AOS application, as far as I know, and in order for you to get EI you have to apply within 4 weeks of quitting your job in Canada. Even if you apply for AOS the day you arrive in the US, you won't get your EAD for some months, by which you will be long past your window to apply for EI.

Hope that helps clear it up.

K-3s really get the short end of the stick, that's why it's better to do a CR1, from what I understand.

As far as I know, K3 people can still get EI. But the trick would be to apply immediately after crossing the border (in order to get your full amount of weeks), but then you would have to wait until your EAD/Green card is approved before you could start using the 36 weeks.

Granted, the 90 days of immediate EI wouldn't happen with a K3. But at least you should be able to get the EI a few months down the road (when you'll really REALLY need it)

[Galateia 1]

As far as I know, K3 people can still get EI. But the trick would be to apply immediately after crossing the border (in order to get your full amount of weeks), but then you would have to wait until your EAD/Green card is approved before you could start using the 36 weeks.

Granted, the 90 days of immediate EI wouldn't happen with a K3. But at least you should be able to get the EI a few months down the road (when you'll really REALLY need it)

Hmm. That's not what I've been led to believe, not saying you're not right, but can you clarify how K-3s are authorized to work (and therefore eligible to collect EI) without an EAD like K-1s are?

I'm looking at the SSN document about work authorization (which I referenced earlier)

and it says about K-1s:

C. Policy - Employment Authorization by Class of Admission

The following policy applies to employment authorization by class of admission:

1. Aliens Work Authorized Without Specific DHS Authorization

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

[..]

K-1 Fiancé(e) of U.S. citizen

But what it says about K-3s is

2. Aliens Who Require an EAD from DHS Authorizing Employment

The following lists nonimmigrants, by alien class of admission, who are authorized to work only with authorization from DHS. Employment authorization for these aliens must be shown on an EAD.

[...]

K-3 Spouse of U.S. Citizen

-----------------------------------------------------

This seems pretty clear that K-3s can't work on a 1-94 by class of admission like K-1s can, and as far as I know from the EI office workers I've spoken to, you cannot get EI unless you are work authorized.

The link is here: POMS policy document.

The best thing to do is call the Belleville EI office and ask them if they consider K-3s to have work authorization without an EAD and with just an I-94.

[coldwatersurf 5]

No, because K-3s cannot get work authorization until they get their EAD with their AOS application, as far as I know, and in order for you to get EI you have to apply within 4 weeks of quitting your job in Canada. Even if you apply for AOS the day you arrive in the US, you won't get your EAD for some months, by which you will be long past your window to apply for EI.

Hope that helps clear it up.

K-3s really get the short end of the stick, that's why it's better to do a CR1, from what I understand.

As far as I know, K3 people can still get EI. But the trick would be to apply immediately after crossing the border (in order to get your full amount of weeks), but then you would have to wait until your EAD/Green card is approved before you could start using the 36 weeks.

Granted, the 90 days of immediate EI wouldn't happen with a K3. But at least you should be able to get the EI a few months down the road (when you'll really REALLY need it)

You're correct. I spoke to Donna @ Belleville Office.

She said even if you cant work, you must file right when you enter the states. Your Claim is good for 52 weeks. So even if you have missed 3 months, and once you receive EAD, you can contact them and have your claim looked at. you are still able to collect for remaining 9 months .

However, they would have re-assess your claim and that is when they determine if you are eligible to collect or not.