The Canuck EI Thread

[Mag&Chef 17]

Steven and Alice, good to hear. I can't reply as I have no experience in this field and here I am as I have some questions. again.

If anyone , especially K1'ers , can reply, it would be greatly appreciated .

When I 1st landed here, I applied to EI and since I was waiting for my EAD to be approved , I could not really be looking for a job ( which EI's Milene could not understand ) so she closed my file as I did not meet the requirements.

Now I have received my GC ( which covers my landed status , work permit and travel permits) card, can anyone confirm that

(1) I can reapply for EI, correct?

(2) I should in theory be approved as I now have my GC and the fact that my K1 visa expired has nothing to do with this, correct?

(3) If I get approved, what is the start date for payment? I presume that date would be when they approve me or would they backdate it to the date I 1st applied?

(4) I have read several posts/ this EI forum but have not found my answers . Most of the people who seem to get their EI quickly seems to be IR-1/CR-1 folks. Never seen any K1 applicants who got EAD quicker than 3mths. Anyway, previous posts said that EI itself suggests to apply for jobs that were similar to what you did in Canada , correct? If so, this will take some time if previous job is somewhat specialized. .

My main concern is how in the world do I show that I have been applying ? Read about people making a list ( read as well that people just made up that list) . I would like to go home for Xmas so I really don't want to take any job then have to tell the employer that I need time off so early in the employment but then I don't want to be fibbing to EI.

Thanks

Hope you will get good news.

I'm in the same situation I just landed and apply for EI today.

please keep us informed specially for K1's.

thank you

Edited October 7, 2015 by Mag&Chef

[tdotca 41]

Hi Mag&Chef, I have no real updates to provide. I have contacted EI and provided them a copy of my GC (faxed info many times as their fax was making the image too dark for them to legibly read the start/expiry dates) and waiting for their judgement.

I *think* the start date would be the start date of the EAD ( work permit) or GC as that is why I had to do the above. If you are approved , there is still that 2 wks waiting period before any monies is received. ( EI site states this as well as this forum).

Like you have read, I guess you can submit an application as soon as you can but if you don't have that EAD at least (which take on average 3mths or so to get), EI will close your file. It is said that EI can reopen your file if/when you get EAD but for me, they told me to resubmit an application and then simply fax in my GC info as all the answers to the questionnaire would basically be the same . When you initially submit an application, a questionnaire is mailed for you to answer and send back with copy of your passport bio page/ k1 visa at minimum. Once they get your questionnaire/info, I guess a file is opened and then someone calls you about it. You will be sent report cards which you can snail mail back or call them to report in. Not sure why they would send you these when you really don't meet the requirements... you can't work if you don't have the EAD/GC. You can look but what is the point if you will have to tell the employer that you have no permit to work in their country??

I am still hoping that VJ'ers who have been in our (K1) shoes reply in regards #4 or correct any of my comments. I think IR1/CR1 can work immediately so that is why many previous posts suggests you apply as soon as you arrive.

I will update this if/when I get further with the EI. I might post a new topic but I am afraid that I will be referred back to this forum :-) .

[tdotca 41]

Hi Mag&Chef, to answers my questions

(1) I can reapply for EI, correct? Answer: Yes . Can reapply or have case reopened/reactivated

(2) I should in theory be approved as I now have my GC and the fact that my K1 visa expired has nothing to do with this, correct? Answer: Yes. K1 date has nothing to do with any of this.

(3) If I get approved, what is the start date for payment? I presume that date would be when they approve me or would they backdate it to the date I 1st applied?

Answer: if approved, start date will based upon the valid start date of your EAD or GC.

(4) Answer: EI can at any time ask for proof. You can record things like how long you spent creating/re-doing your resume; companies you sent applications to ( regardless of method); how long you spent searching for jobs ( what sites you visited); show proof that you registered for job searching sites; if you refused any jobs ; if you were unavailable to look for /accept jobs ( ie) went away for whatever reason; etc.

More information related to #4 can be found at

http://www.servicecanada.gc.ca/eng/sc/ei/ccaj/claimant.shtml or

http://www.servicecanada.gc.ca/eng/sc/ei/ccaj/suitableemployment.shtml. Basically if you search the Service Canada site for 'ccaj' , there will be further links.

Yes you can also read the many many many many pages /links from the main http://www.servicecanada.gc.ca/eng/ei/information/outside_canada.shtml#file

In General:

-catch 22 on when to file. Claim is only valid for 1 yr from the time you filed. If you submit claim very soon after quitting your job, the date of when benefits expires can be too early. If you wait longer to file, the calculation on how many hours you worked in the qualifying period will be less but your benefit period will be 'longer'. Regardless of when you file, your claim will be closed as you , as a K1, are not allowed to accept any job offers until you get the EAD or GC.

(ie)you quit job feb 28 2015. you file claim sometime in mar 2015 ( as well as POE'd ( I am amazed at those who can do this... get K1 visa and basically leave in a wk...but I digress) and submitted Aos/ead/ap applications). claim is valid up to mar 2016. you can't work until you get ead/gc. Ead however is received , say , Jun 2015(if you are lucky that your US state is processing apps fast and you had no RFEs etc) and EI has reactivated your claim and approved it, your benefits period will be from Jun 2015 to mar 2016 . The benefits period could be less as well as it depends on the # of qualifying hours.

-once you file claim, EI will mail you report cards even though your claim is under review. You can snail mail your report cards in or call them at 877 486 1650. Report cards are normally for a 2 wk period. Earliest you can report is a Friday. Hours are basically 7a-3pm EST . When calling in, you will need to provide the 1st 2 digits of your access code which you should receive after you filed the claim. If you are approved, there really is no communication (no "you are approved" letter.) To find out if approved, when you do your reporting, you can ask or check your Service Canada Account or check your bank account for 'extra' money ha( I believe when you file a claim , you are asked to provide your banking information).

-you can accept a part time job(less than 35 hrs) and still be eligible for benefits, however the $ amount will be less as you are now getting income. If / when you get a Full time job, benefits will obviously stop and claim will be put 'on hold'. If bad luck strikes and you lose that job for whatever reason, claim can be re-opened provided that the claim's expiration date has not been reached . If expiration date is reached and you still are out of a job (can't find anything in the 1st place or whatnot), claim will be closed ( permanently I believe). You can't file another claim unless you work qualifying hours and to do this, you will have to work those hours in Canada.

-you are not expected to take "any' job but something that is close to what you were doing and more importantly, how much you were previously making.

In the 1st 18wks of claim, you can take a job that is at least 90% of your previous salary. After those 18 wks, 80%. You can refuse a job that meets previous criteria, as well as other reasons, like job is very far from your residence . Again , within reasonable reason I presume EI will accept .. if your last job did not require you to drive 3 hrs away, you have a right to refuse I would say.

-keep a record of your job search progress ( see above #4)

******

At this moment, my head is spinning but I think I have summarized the most important points. If the above helps answers any of your own questions, great. If not, sorry :-) .

[Mag&Chef 17]

Hi Mag&Chef, to answers my questions

(1) I can reapply for EI, correct? Answer: Yes . Can reapply or have case reopened/reactivated

(2) I should in theory be approved as I now have my GC and the fact that my K1 visa expired has nothing to do with this, correct? Answer: Yes. K1 date has nothing to do with any of this.

(3) If I get approved, what is the start date for payment? I presume that date would be when they approve me or would they backdate it to the date I 1st applied?

Answer: if approved, start date will based upon the valid start date of your EAD or GC.

(4) Answer: EI can at any time ask for proof. You can record things like how long you spent creating/re-doing your resume; companies you sent applications to ( regardless of method); how long you spent searching for jobs ( what sites you visited); show proof that you registered for job searching sites; if you refused any jobs ; if you were unavailable to look for /accept jobs ( ie) went away for whatever reason; etc.

More information related to #4 can be found at

http://www.servicecanada.gc.ca/eng/sc/ei/ccaj/claimant.shtml or

http://www.servicecanada.gc.ca/eng/sc/ei/ccaj/suitableemployment.shtml. Basically if you search the Service Canada site for 'ccaj' , there will be further links.

Yes you can also read the many many many many pages /links from the main http://www.servicecanada.gc.ca/eng/ei/information/outside_canada.shtml#file

In General:

-catch 22 on when to file. Claim is only valid for 1 yr from the time you filed. If you submit claim very soon after quitting your job, the date of when benefits expires can be too early. If you wait longer to file, the calculation on how many hours you worked in the qualifying period will be less but your benefit period will be 'longer'. Regardless of when you file, your claim will be closed as you , as a K1, are not allowed to accept any job offers until you get the EAD or GC.

(ie)you quit job feb 28 2015. you file claim sometime in mar 2015 ( as well as POE'd ( I am amazed at those who can do this... get K1 visa and basically leave in a wk...but I digress) and submitted Aos/ead/ap applications). claim is valid up to mar 2016. you can't work until you get ead/gc. Ead however is received , say , Jun 2015(if you are lucky that your US state is processing apps fast and you had no RFEs etc) and EI has reactivated your claim and approved it, your benefits period will be from Jun 2015 to mar 2016 . The benefits period could be less as well as it depends on the # of qualifying hours.

-once you file claim, EI will mail you report cards even though your claim is under review. You can snail mail your report cards in or call them at 877 486 1650. Report cards are normally for a 2 wk period. Earliest you can report is a Friday. Hours are basically 7a-3pm EST . When calling in, you will need to provide the 1st 2 digits of your access code which you should receive after you filed the claim. If you are approved, there really is no communication (no "you are approved" letter.) To find out if approved, when you do your reporting, you can ask or check your Service Canada Account or check your bank account for 'extra' money ha( I believe when you file a claim , you are asked to provide your banking information).

-you can accept a part time job(less than 35 hrs) and still be eligible for benefits, however the $ amount will be less as you are now getting income. If / when you get a Full time job, benefits will obviously stop and claim will be put 'on hold'. If bad luck strikes and you lose that job for whatever reason, claim can be re-opened provided that the claim's expiration date has not been reached . If expiration date is reached and you still are out of a job (can't find anything in the 1st place or whatnot), claim will be closed ( permanently I believe). You can't file another claim unless you work qualifying hours and to do this, you will have to work those hours in Canada.

-you are not expected to take "any' job but something that is close to what you were doing and more importantly, how much you were previously making.

In the 1st 18wks of claim, you can take a job that is at least 90% of your previous salary. After those 18 wks, 80%. You can refuse a job that meets previous criteria, as well as other reasons, like job is very far from your residence . Again , within reasonable reason I presume EI will accept .. if your last job did not require you to drive 3 hrs away, you have a right to refuse I would say.

-keep a record of your job search progress ( see above #4)

******

At this moment, my head is spinning but I think I have summarized the most important points. If the above helps answers any of your own questions, great. If not, sorry :-) .

Wowww tdotca, Im amazed. thank you so much.

yes I received the questionary and 02 small reports cards. as you said.

sorry to be late I was busy with the DL, marriage, car registration.

I will post any news in this thread. and hope you will get your money.

[tdotca 41]

HI Mag&Chef, no problem and congrats!

DL - does your state 'convert' your Cdn DL? I am still waiting to get mine( tried to get in May but since K1, which was my only legal presence doc, expired in June, it was a waste to get it then) . Here in California, need to redo it( have to take written and driving tests).

[tdotca 41]

addition: As a K1 , I would not file for EI right after quitting job and/or arriving in the US unless you definitely have work authorization ( in the form of EAD / GC card).

Why? Because you could potentially be cutting yourself short.

Example: I arrived / filed in Apr. Claim starts and is valid from Apr to Apr; based on my qualifying hours , I am entitled 34 wks. Claim closed as no valid EAD/GC .

- Did not get my EAD(govt messed me up as card was not sent after I received my GC and I had already redid EI claim). So EI reactivated as of Oct. Claim now good from Oct to Apr. If you count how many weeks there is between Oct to Apr, it is not 34 wks (and not even taking into account the 2 wks waiting period). It is not to say that I will not be looking for/ accepting jobs within this time period but as you know, it is difficult to find employment at the best of time.

Well lesson is now learnt. Hope others will benefit from this.

[Mag&Chef 17]

HI Mag&Chef, no problem and congrats!

DL - does your state 'convert' your Cdn DL? I am still waiting to get mine( tried to get in May but since K1, which was my only legal presence doc, expired in June, it was a waste to get it then) . Here in California, need to redo it( have to take written and driving tests).

Hi tdotca, Im sorry I was very busy qith the AOS/EAD/AP package oufff I sent it yesterday.

for DL, I went to 03 different MVC just to find someone knowing what he has to do in case of K1. so they told me that since the POE date I have 60 days to initiate it. so they will make you a permit ( wich require to do eye check and knowledge test) I did the knowledge test and hopfully I get it first time.

then they issu in the same day your DL valid for 06 months.

for driving test , since you have your Cnd DL valid you dont have to do it.

so I payed 10$ dor knowledge test then 8$ for the DL.

hope I heleped

Edited October 30, 2015 by Mag&Chef

[Mag&Chef 17]

addition: As a K1 , I would not file for EI right after quitting job and/or arriving in the US unless you definitely have work authorization ( in the form of EAD / GC card).

Why? Because you could potentially be cutting yourself short.

Example: I arrived / filed in Apr. Claim starts and is valid from Apr to Apr; based on my qualifying hours , I am entitled 34 wks. Claim closed as no valid EAD/GC .

- Did not get my EAD(govt messed me up as card was not sent after I received my GC and I had already redid EI claim). So EI reactivated as of Oct. Claim now good from Oct to Apr. If you count how many weeks there is between Oct to Apr, it is not 34 wks (and not even taking into account the 2 wks waiting period). It is not to say that I will not be looking for/ accepting jobs within this time period but as you know, it is difficult to find employment at the best of time.

Well lesson is now learnt. Hope others will benefit from this.

Hi tdotca!!

so why Cnd gov. ask to fill up EI form in the 04 week after quiting your job then?

any way we will miss at least 12 weeks from the date we send EAD doc. to the day we get the EAD card.

I have one more question tdotca. could you please telle me what should i prepare for for my AOS interview, since we had an intime wedding ceremony?

[tdotca 41]

Mag&Chef, I am not sure if EI actually states that within 4 wks of leaving your job, a claim should be filed. I know I read that in this VJ forum/ site. If EI does have that statement, they need to change or add in a specific disclaimer that if you are a K1, your claim won't be valid until you get the EAD/GC ( this might be there but it is not that self explanatory ;-) ).

re: DL - your profile shows New Jersey and I think that state simply converts CDN DL to theirs. In California, I have to redo driver's test.

RE: AOS interview - It should not matter if wedding was intimate or huge. I had too a small wedding. I basically used http://www.visajourney.com/faq/k1k2visa-aos.html as a guide, specifically #6.11.2. When you are scheduled for an interview, you will also receive a NOA ( I797c) with the date/time/location of interview. On this I797c it will list what you need to bring. As this I797c is governmental, definitely bring what they ask for.

Basically the following

> your passport; spouse's passport or proof of citizenship; your birth certificate

> a copy of all that you sent in for your AOS application( including spouse's proof of financial support; tax /w2 records)

>your I194 record

> copy of your medical vaccination list (if your k1 medical was within 1 yr of your AOS interview, that is all that you will need. The I797c mentions bringing the sealed envelope which caused me major panic.)

> docs that shows your name is also listed with your spouse (ie: insurance of any kind; bank acct; house bills/deeds/ownership;credit cards,etc)

> photos that shows you/spouse are still together ( ie:wedding photos; you guys out and about; with friends , etc)

> last but not least, your spouse.

Remember: it is always to the discretion of the interviewing officer to ask for more. As with the K1 interview I brought a buttload of docs and I kind of had to push some of the docs onto the interviewer , as it was quick and painless.(I mean I went through all this worry/stress and you are not asking for them??! ;-) ). Was hardly asked any of questions ( had to verify my name/birthdate/tel #; asked why we moved from the place we filed) and was kind of a letdown after all that worrying and stress.

Note: make a copy of all of what you are taking as you will have to go through a similar process in 2 yrs for the Removal of Conditions process. When you get the GC, you are basically on probation for 2 yrs. 3mths before the GC expires, you will have to file for ROC and do another interview I believe and then that GC is valid for 10yrs I believe.

I hope I don't get in trouble with answering the AOS question in this EI forum.

[Mag&Chef 17]

Mag&Chef, I am not sure if EI actually states that within 4 wks of leaving your job, a claim should be filed. I know I read that in this VJ forum/ site. If EI does have that statement, they need to change or add in a specific disclaimer that if you are a K1, your claim won't be valid until you get the EAD/GC ( this might be there but it is not that self explanatory ;-) ).

re: DL - your profile shows New Jersey and I think that state simply converts CDN DL to theirs. In California, I have to redo driver's test.

RE: AOS interview - It should not matter if wedding was intimate or huge. I had too a small wedding. I basically used http://www.visajourney.com/faq/k1k2visa-aos.html as a guide, specifically #6.11.2. When you are scheduled for an interview, you will also receive a NOA ( I797c) with the date/time/location of interview. On this I797c it will list what you need to bring. As this I797c is governmental, definitely bring what they ask for.

Basically the following

> your passport; spouse's passport or proof of citizenship; your birth certificate

> a copy of all that you sent in for your AOS application( including spouse's proof of financial support; tax /w2 records)

>your I194 record

> copy of your medical vaccination list (if your k1 medical was within 1 yr of your AOS interview, that is all that you will need. The I797c mentions bringing the sealed envelope which caused me major panic.)

> docs that shows your name is also listed with your spouse (ie: insurance of any kind; bank acct; house bills/deeds/ownership;credit cards,etc)

> photos that shows you/spouse are still together ( ie:wedding photos; you guys out and about; with friends , etc)

> last but not least, your spouse.

Remember: it is always to the discretion of the interviewing officer to ask for more. As with the K1 interview I brought a buttload of docs and I kind of had to push some of the docs onto the interviewer , as it was quick and painless.(I mean I went through all this worry/stress and you are not asking for them??! ;-) ). Was hardly asked any of questions ( had to verify my name/birthdate/tel #; asked why we moved from the place we filed) and was kind of a letdown after all that worrying and stress.

Note: make a copy of all of what you are taking as you will have to go through a similar process in 2 yrs for the Removal of Conditions process. When you get the GC, you are basically on probation for 2 yrs. 3mths before the GC expires, you will have to file for ROC and do another interview I believe and then that GC is valid for 10yrs I believe.

I hope I don't get in trouble with answering the AOS question in this EI forum.

Thank you so much.

from now, I will take photos from time to time when we are outdoor.

[zhangziyi 0]

addition: As a K1 , I would not file for EI right after quitting job and/or arriving in the US unless you definitely have work authorization ( in the form of EAD / GC card).

Why? Because you could potentially be cutting yourself short.

Example: I arrived / filed in Apr. Claim starts and is valid from Apr to Apr; based on my qualifying hours , I am entitled 34 wks. Claim closed as no valid EAD/GC .

- Did not get my EAD(govt messed me up as card was not sent after I received my GC and I had already redid EI claim). So EI reactivated as of Oct. Claim now good from Oct to Apr. If you count how many weeks there is between Oct to Apr, it is not 34 wks (and not even taking into account the 2 wks waiting period). It is not to say that I will not be looking for/ accepting jobs within this time period but as you know, it is difficult to find employment at the best of time.

Well lesson is now learnt. Hope others will benefit from this.

[zhangziyi 0]

Hi, I arrived as a K1 visa too here in the U.S. I didnt know we are eligible for EI until I research on something because I have a hard time finding work here. My question is, I arrived June 30, 2015. Today is November 29, 2015, am I still eligible? Can I file a bit late even if it says 4 week period? I received my combo card recently. What do you think I should do? HELP! Please! Thank you

[tdotca 41]

Hi, I replied to you via private pm.

[NikLR 13,230]

Hi, I arrived as a K1 visa too here in the U.S. I didnt know we are eligible for EI until I research on something because I have a hard time finding work here. My question is, I arrived June 30, 2015. Today is November 29, 2015, am I still eligible? Can I file a bit late even if it says 4 week period? I received my combo card recently. What do you think I should do? HELP! Please! Thank you

You can try.

[Mad & J 25]

Hi everyone,

I'm still in Canada and I plan on moving to the US in early or mid-January if there are no delays in getting my visa (interview on December 16th). I'll be working until December 31st.

What should my employer put down as "Reason for issuing this ROE"? Does it matter what they put down and will it impact my claim if they write down "A: End of Contract"? I was hired on a fixed-term contract, but this could have been extended if I'd stayed in Canada.

Thanks!