The Canuck EI Thread

[Levi_Heather 0]

So some people actually got EI payments before the EAD? Levi was told he didn't qualify until he had work authorization. He faxed his EAD in as soon as he got it and they told him how much he'd be receiving but still hasn't gotten an actual payment. He started this process back in September 08 as soon as he moved down.

[Udella&Wiz 325]

Yes - I came as a K1 - they paid me until the first 3 months ended and then restarted once I faxed them the EAD.

The lady I spoke to was Donna most of the time and she said that 'technically' they consider K1's elgible to work - of course you and I both know - who would bother trying to get a job during that tiny 3 month period. Who would hire you honestly....

But hey - it made them happy to tell me I could work, so I went along with it I say why confuse the EI person. I even tried to explain that really I couldn't quite work yet and she wouldn't take no for an answer.

I think Ei doesn't know their right hand from their left...and sometimes Donna changes the rules - I don't even know which is the correct rule

[Levi_Heather 0]

Yes - I came as a K1 - they paid me until the first 3 months ended and then restarted once I faxed them the EAD.

The lady I spoke to was Donna most of the time and she said that 'technically' they consider K1's elgible to work - of course you and I both know - who would bother trying to get a job during that tiny 3 month period. Who would hire you honestly....

But hey - it made them happy to tell me I could work, so I went along with it I say why confuse the EI person. I even tried to explain that really I couldn't quite work yet and she wouldn't take no for an answer.

I think Ei doesn't know their right hand from their left...and sometimes Donna changes the rules - I don't even know which is the correct rule

Go figure lol.... Well hopefully they'll get around to Levi's. He's sure it'll be soon as he just sent in another one of those cards. I'll believe it when I see it lol. Maybe about the time he already has a job..................

[Jenni and Bo 0]

So...

I went on the Service Canada site to see if I could find info about the I-94 being proof of Work authorization and it looks like the "Employment Insurance Act" for inter-states claims was Updated on April 18th and 22nd of 2009.

Maybe this is why it took them 3 months to deny me...they knew the change was coming.

I'm still going to call Donna and see what she has to say, but this may have been something.

[Flames9_RN 358]

the EI "world" is a bit different. Like i stated I had to appeal my case, and the lady I talked to said, my appeal had been denied, the "judge" stated that since I had a contract with the military and broke it, i wasn't entitled to EI, BUT she said she over ruled it, and I got my EI!! Wiered,but I wasn't going to complain. But honestly--as I wasn't a k1'ers, CAN a k1 LEGALLY work without an EAD??? If one can PROVE than you can legally work without an EAD,then you have a case to appeal. Just because other k1'ers have gotten it without an EAD, isnt factual proof. Maybe someone at EI actually looked into the case, as people were complaining (like k3'ers,lol) Best of luck

[Udella&Wiz 325]

the EI "world" is a bit different. Like i stated I had to appeal my case, and the lady I talked to said, my appeal had been denied, the "judge" stated that since I had a contract with the military and broke it, i wasn't entitled to EI, BUT she said she over ruled it, and I got my EI!! Wiered,but I wasn't going to complain. But honestly--as I wasn't a k1'ers, CAN a k1 LEGALLY work without an EAD??? If one can PROVE than you can legally work without an EAD,then you have a case to appeal. Just because other k1'ers have gotten it without an EAD, isnt factual proof. Maybe someone at EI actually looked into the case, as people were complaining (like k3'ers,lol) Best of luck

I know - that's the thing, of course we can't - no one gets a work authorization stamp at the border anymore....

[Flames9_RN 358]

the EI "world" is a bit different. Like i stated I had to appeal my case, and the lady I talked to said, my appeal had been denied, the "judge" stated that since I had a contract with the military and broke it, i wasn't entitled to EI, BUT she said she over ruled it, and I got my EI!! Wiered,but I wasn't going to complain. But honestly--as I wasn't a k1'ers, CAN a k1 LEGALLY work without an EAD??? If one can PROVE than you can legally work without an EAD,then you have a case to appeal. Just because other k1'ers have gotten it without an EAD, isnt factual proof. Maybe someone at EI actually looked into the case, as people were complaining (like k3'ers,lol) Best of luck

I know - that's the thing, of course we can't - no one gets a work authorization stamp at the border anymore....

have just read that some say you don't need the EAD to work as a k1????? I have no clue as i didnt go that route. But if one can prove that ya don't need that EAD, then one should have a case

[Texanadian 10]

So some people actually got EI payments before the EAD? Levi was told he didn't qualify until he had work authorization. He faxed his EAD in as soon as he got it and they told him how much he'd be receiving but still hasn't gotten an actual payment. He started this process back in September 08 as soon as he moved down.

Looking at your timeline, everything looks to be in order. You got your EAD on March 25th. Faxed it in to EI. It takes EI a week or two to do anything. Once you're approved to start collecting, they will (oh this is rich) hit you with a 14 day waiting period before you start receiving benefits. So that means your start date for collecting EI becomes April 8th.

Figure it on being a month between the time your unemployed week goes by and the time you receive the cheque for that week. They send out 2 or 4 week cards. So if April 8th is your first week of collecting, that means you'll probably receive the cheque sometime around May 8th.

I don't know if it's the same for everybody. But my cards came in cycles. 2 week cards...4 week cards...2 week cards....4 week cards...So sometimes a month would go by before I'd receive a payment. Sometimes it was a couple weeks. Regardless, by the time they mail you the cards and you send them back (even if sending them the day after you receive them), you can count on it being 3-4 weeks for that week's payment.

I'd say another week and you'll get your first payment.

So...

I went on the Service Canada site to see if I could find info about the I-94 being proof of Work authorization and it looks like the "Employment Insurance Act" for inter-states claims was Updated on April 18th and 22nd of 2009.

Maybe this is why it took them 3 months to deny me...they knew the change was coming.

I'm still going to call Donna and see what she has to say, but this may have been something.

I just looked over the April 18th and April 22nd updated section. I don't see any difference from the way things have always been. It simply says you must be work authorized in the US to collect from Canada. Been that way for years.

[coldwatersurf 5]

Borderdriver, yes the CBP I-94A is the I-94 I was referring to. Little square card in the passport.

Does the I94 card let me work?

I got a letter from EI stating if I can work. I know I'm K3 but the border told me I can work w/ that card... hmmmm.

[Texanadian 10]

Does the I94 card let me work?

I got a letter from EI stating if I can work. I know I'm K3 but the border told me I can work w/ that card... hmmmm.

Yes, no, maybe, probably not, who knows.....

That I-94 card is the most tricky part of the employment thing. EI considers the I-94 to be work authorization for K-1's. They don't seem to for K-3's. Social Security considers the I-94 to be work authorization, but US companies who hire don't. But then again they may hire you anyways since you're following proper legal channels and the I-94 is considered work authorization in a sense.

The Canada EI website says nothing, zero, zilch about the I-94 qualifying as work authorization (which is why I never filed for EI immediately after getting to the US, but instead filed after I'd submitted for my EAD.....and no they wouldn't backdate my application when I filed a dispute with them.)

The I-94 card itself says you can't work using it. The border officers at the BC/WA Peach Arch crossing say you can't work with it while the BC/WA truck crossing apparently say you can work with it.

The I-94 allows SS to issue you a SS card that says you can work.....providing that you have authorization to work (which the I-94 doesn't qualify as).

On the flip side, there have been many who did work with the I-94 and kept working right through day 91 and on since the EAD forgives them of work between the time the I-94 ends and when EAD day 1 starts. Although technically you're not supposed to work on day 91.

My personal opinion is that the I-94 DOES allow you to work since we (used to) in theory got 90 day work stamps. Some still do get 90 day stamps. And you can't have different laws depending on which border crossing you use. I don't encourage people to work on their 90 day window, but I don't tell them not to either. On the grand scale of things, we ARE following proper steps of immigration, so I don't see why we shouldn't be allowed to work. The 90 day I-94 originally was probably though of as a temporary measure that would end at the same time our EAD starts. But who gets an EAD within 90 days of entering the country?

Getting back to your original question, I would say YES, the I-94 allows you to work. Let EI deal with the debate about if it is or isn't. What have you got to lose?

Edited May 7, 2009 by Texanadian

[RYCK 0]

According to my phone conversation with EI on tuesday .. I am work authorized as far as they are concerned i am a K-1 but i believe that comes from the type of visa you have and not the I-94 card .. every visa type comes with an I-94 it is a departure record and used to mark the day you have entered the USA with your visa i could be wrong but that is my understanding from talking to different sources ... but you can also make 5 different phone calls to the same place get 5 different people and recieve 5 different answers .. like the 2 i made to social security and 1 said i had to have an EAD to get my number and the other said i didn't....

[Flames9_RN 358]

According to my phone conversation with EI on tuesday .. I am work authorized as far as they are concerned i am a K-1 but i believe that comes from the type of visa you have and not the I-94 card .. every visa type comes with an I-94 it is a departure record and used to mark the day you have entered the USA with your visa i could be wrong but that is my understanding from talking to different sources ... but you can also make 5 different phone calls to the same place get 5 different people and recieve 5 different answers .. like the 2 i made to social security and 1 said i had to have an EAD to get my number and the other said i didn't....

no, cr-1, or ir-1 do not get an I-94 card--in case anyone is wondering,lol

[coldwatersurf 5]

Today I received a letter from EI Canada. i got 2 claimant reports dated from april 29 - May 16. what are those? I have no instruction letter. But there's a bunch of questions at the back of the report.

I also have a letter with a benefit statement date and personal access code.

Do they reply this fast? i faxed my copy of visa and i94 card (keep in mind im K3) and i also sent them a copy again a couple days ago (maybe 4 days ago).

at the bottom of the letter, a bunch of stuff about i have direct deposit and reporting electronically, they will stop sending me statements. I want to send my bank # now since I didnt have it at the time of application. Can i still do that? what happens if i send these reports? do they send me a cheque?

I'm worried that if i send my claimant report, i would screw myself later and have to back pay b/c I'm K3 and i dont have my EAD yet but I have I-94 card. I wonder if they sent this to me b/c I have I -94 card.

[MrsCat 6]

Send in the reports asap, because that is how you get paid through EI. You have up to 3 weeks to return them in the mail. Unfortunately out-of-country filers cannot report by phone or on the internet you so you have to manually file.

Before they send out any cheques, they will have to determine whether or not you're eligible for EI benefits. Meaning, they'll determine whether your status as K3 qualifies you for benefits. You will just keep sending in reports until they make this determination. I think it will be a ####### shoot at which adjudicator you get in the EI office and whether they know the office policy regarding K3 visa holders.

As for your banking information, if I am not mistaken you can sign-in online and provide your banking information there, so that they can set up direct deposit. Its much safer and easier than waiting for a cheque in the mail. I know being in HI, sometimes it was 3-4 weeks before I got the mail from EI.

[coldwatersurf 5]

im trying to confirm my epass account and its telling me my info is not matching their records. I put my SIN, bday, access code, and im outside canada plus my epass password and its not going through...