EI denied?

[onesassygirl 0]

I got this in the mail:

...

We are writing to inform you that we cannot pay you benefits as of November 20, 2006.

In order to be entitled to regular benefits, claimants must be able to prove they are capable of and available for work, and unable to obtain suitable employment.

Your status as a non-immigrant prevents you from working in the United States of America, as you do not possess a valid employment authorization. For this reason, payment of benefit is suspended for so long as this condition exists.

...

If you disagree with our decision ... you can appeal it within 30 days of receiving this letter.

...

NOTE: Please forward a copy of your Employment Authorization card by mail or fax, when received, so that we can immediately reconsider the above-mentioned disentitlement.

I thought that K1's were eligible for EI benefits with or without the EAD stamp. I applied in mid-November and my I-94 expired January 28, 2006. I thought that I was entitled to benefits for the 90 days.

Can someone clarify or give advice on what to do?

Any input will be greatly appreciated!

[Flames9_RN 358]

Ihave no clue as I was cr-1 (able to work right away without an ead) But i was denied because they figured since I was Cdn military and broke my contract to get out!! I had to appeal, which involved me writing a lengthy letter explaining my situation! I belive on the appeal proceess you get a few optins, 1) appear in person 2) appear via phone, 3) send a letter. of course there is a time limit to appeal. I went with option #3. Al worked out for me. But of course your k1 and in a total different ball game, I'm sure other K1'er EI people wil pipe up. If you do have to appeal, ensure you write it very well and explain the situaton! I put my wife's Master's degree to work, lol

[misa 2]

I was under the impression that you could not apply for EI benefits until you had your EAD?

[onesassygirl 0]

I was under the impression that you could not apply for EI benefits until you had your EAD?

That was my impression too, until someone clarified it for me in this thread:

http://www.visajourney.com/forums/index.ph...43966&st=15

But now after receiving that letter, it seems to be conflicting information. I am confused and don't know which is true because there are K1's who were eligible for K1 during the 90 days.

[Flames9_RN 358]

I believe when I got denied, there was a 1-800# I called and asked questions, andd they were helpfull

[onesassygirl 0]

I was under the impression that you could not apply for EI benefits until you had your EAD?

That was my impression too, until someone clarified it for me in this thread:

http://www.visajourney.com/forums/index.ph...43966&st=15

But now after receiving that letter, it seems to be conflicting information. I am confused and don't know which is true because there are K1's who were eligible for K1 during the 90 days.

Oops, I meant eligible for "EI" not "K1"

[zyggy 9]

Make a photocopy of the SSA policy page that states that K1 holders are employment authorized and fax it to them....

That worked for us...

[onesassygirl 0]

Make a photocopy of the SSA policy page that states that K1 holders are employment authorized and fax it to them....

That worked for us...

Is this the document you speak of?

I'll fax it to them ASAP. Thanks!

[Galateia 1]

Make a photocopy of the SSA policy page that states that K1 holders are employment authorized and fax it to them....

That worked for us...

Is this the document you speak of?

I'll fax it to them ASAP. Thanks!

We are allowed to apply for EI? Say whaaa? From who?

[zyggy 9]

Make a photocopy of the SSA policy page that states that K1 holders are employment authorized and fax it to them....

That worked for us...

Is this the document you speak of?

I'll fax it to them ASAP. Thanks!

That's the one...

[Flames9_RN 358]

Make a photocopy of the SSA policy page that states that K1 holders are employment authorized and fax it to them....

That worked for us...

Is this the document you speak of?

I'll fax it to them ASAP. Thanks!

We are allowed to apply for EI? Say whaaa? From who?

Yes you can claim EI (from the Cdn gov't) There is a sticky at the top of the page with info!! and I'm sure if you keep scrolling down the pages on the Cdn forum u wil find more info!! Of course one has to have a certain # of weeks to qualify for it,just like you would if you collected it in Canada. I was a cr-1 so no clue about k1 stuff. But there is info out there. Best of luck

[susan+mike 0]

Make a photocopy of the SSA policy page that states that K1 holders are employment authorized and fax it to them....

That worked for us...

Is this the document you speak of?

I'll fax it to them ASAP. Thanks!

Okay....now I'm really getting confused here. I will be moving on March 13th to the US on my K1 and planning on applying for EI. From what I could figure out so far you have to wait till after you move to file and you can't collect till you have your EAD?? I have noticed some say they filed before they left Canada. If you sent the the SSA policy page, can you still collect even if you don't get a work authorization stamp in your passport when you cross the border? My POE will be Calgary and I've heard they don't give the stamp. What happens when that 90 days expires and you don't have your EAD yet? How would you answer the question about being willing, able and ready to work when you report? Do they actually send reporting cards or can you report online?

[onesassygirl 0]

Okay....now I'm really getting confused here. I will be moving on March 13th to the US on my K1 and planning on applying for EI. From what I could figure out so far you have to wait till after you move to file and you can't collect till you have your EAD?? I have noticed some say they filed before they left Canada. If you sent the the SSA policy page, can you still collect even if you don't get a work authorization stamp in your passport when you cross the border? My POE will be Calgary and I've heard they don't give the stamp. What happens when that 90 days expires and you don't have your EAD yet? How would you answer the question about being willing, able and ready to work when you report? Do they actually send reporting cards or can you report online?

I applied for EI online two weeks after I moved here, then sent them my original ROE's, copies of my passport bio page, K1 visa and I-94. A couple of weeks later, they sent me my first report card, where I answered "yes" to the "willing and able" question as advised by the fellow VJ'ers here who have successfully collected EI on a K1 (without an EAD stamp/card). Then a few days after mailing off the report card, I received the above denial/ineligibility letter. I just faxed off that policy page from SSA today, so we'll have to wait and see what they say about it. Hopefully they accept it like they did with zyggy. Oh, and I got all report cards in the mail today with dates spanning from when I applied to the date when my I-94 expired. I'll be dropping them off in the mail tomorrow.

You stop receiving EI after your I-94 expires, and it should resume when you send them a copy of your EAD card when you get it.

[onesassygirl 0]

I just got a call from the lady ("Maureen") handling my case at the Interstate Claims office regarding the fax I sent in (SSA policy page). She kept insisting at first that I still needed an EAD (even though Section C of the policy page says I don't require one to be work authorized). So I asked her if it meant that Section C meant nothing to them. She looked for Section C and read it out loud. Here it is for those still unsure of whether or not you can collect EI on a K1:

"The following lists nonimmigrants, by alien classification, who are authorized to work in the US without specific work authorization from INS. The alien's I-94 will not have the INS employment authorization stamp and the alien will not have an EAD ... K-1 Fiance(e) of US citizen ... "

So, I'm guessing that when she got the fax, she didn't read this part even though I pointed it out on my cover letter. She then asked me several questions about the K1 visa and I-94 and I told her that when the I-94 expires, that's when I no longer have any work authorization (and hence my application for an EAD). It seemed like she didn't know how the process went. She said she would lift my disentitlement but would first double check with the other girl who processes K1 cases.

She also mentioned that the new report card system hasn't been working very well, so she had me verbally answer the report cards. She said I didn't need to send in the ones I just got (but I still will, just in case!). I don't know how the system glitches are affecting the report cards being sent out to everyone else...

Edited February 6, 2007 by ajmc

[susan+mike 0]

Okay....now I'm really getting confused here. I will be moving on March 13th to the US on my K1 and planning on applying for EI. From what I could figure out so far you have to wait till after you move to file and you can't collect till you have your EAD?? I have noticed some say they filed before they left Canada. If you sent the the SSA policy page, can you still collect even if you don't get a work authorization stamp in your passport when you cross the border? My POE will be Calgary and I've heard they don't give the stamp. What happens when that 90 days expires and you don't have your EAD yet? How would you answer the question about being willing, able and ready to work when you report? Do they actually send reporting cards or can you report online?

I applied for EI online two weeks after I moved here, then sent them my original ROE's, copies of my passport bio page, K1 visa and I-94. A couple of weeks later, they sent me my first report card, where I answered "yes" to the "willing and able" question as advised by the fellow VJ'ers here who have successfully collected EI on a K1 (without an EAD stamp/card). Then a few days after mailing off the report card, I received the above denial/ineligibility letter. I just faxed off that policy page from SSA today, so we'll have to wait and see what they say about it. Hopefully they accept it like they did with zyggy. Oh, and I got all report cards in the mail today with dates spanning from when I applied to the date when my I-94 expired. I'll be dropping them off in the mail tomorrow.

You stop receiving EI after your I-94 expires, and it should resume when you send them a copy of your EAD card when you get it.

Thank you for your reply. I have one more question...... How long is the I-94 good for? Do you get it when you go through your POE?