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MessageI asked for comments, Andrew has added to our information.
His knowledge is extensive in these matters.
David,
MOST states have -- in the end -- concluded that former H1s and
TNs (who have working spouses and thus can remain in US) are NOT
entitled to UI form the state
Some claimants have been paid for a time, but when final review
is made, the claim is rejected and the money has to be repaid.
And by doing this the claimant has lost their opportunity of
collecting it legally in Canada because they've now waited too
long.
The only sure-fire way of collecting UI after working in US on TN
or H1 is to go back to Canada and claim thru HRDC.
The fact that a TN *can* be obtained reasonably quickly is NOT
considered "IMMEDIATELY ready willing and able" to work by State
UI departments.
There *may* be some border states that have allowed claims, but
this has been mostly due to the claimant being able to prove that
they have been LOOKING IN CANADA for work, where they ARE indeed
immediately eligible to work.
-----Original Message-----
From: [email protected]
[mailto:[email protected]]
Sent: Thursday, January 29, 2004 11:17
To: CENTAPEDE
Subject: Unemployment benefits paid by California
to a laid -off TN Visa holder in CANADA - What about Missouri or
Deleware or Arkansas or New Brunswick or Prince Edward Island -
Ask an Income Tax employment Insurance Immigration Real Estate
Expert P
QUESTION:
Because my TN visa expired a few weeks after my layoff from a
job here in
California, will I be able to collect in Canada if I move back
there?
==============================================================
david ingram replies:
If you are still in California without a visa and job, you are
illegal and subject to deportation, etc, unless you have been to
the INS (Homeland Security) and re-established yourself as a
visitor while you clean up your affairs.
Over the years I have had at least fifty clients collecting
Unemployment Insurance benefits from different states in the
circumstances you describe.
I have one collecting from Washington State right now.
It is common for people living in New Jersey to collect from
New York because that is where they worked.
I also have had clients who live in Washington State collect
Canadian EI.
The rules are that you have to be actively looking for work.
If you are looking for work in Oregon. New Brunswick, Mexico or
Arizona, you should be entitled to collect .
Any comments from other members??
David Ingram's US/Canada Services
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Calls accepted from 10 AM to 10 PM 7 days a week
Res (604) 980-3578 Cell (604) 657-8451
Bus (604) 980-0321
[email protected]
www.centa.com www.david-ingram.com
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