Is TN qualify for Unemployment Insurance?

Just to clarify, in canada, one cannot wait indefinitely to make a claim for EI, delaying even by a couple of weeks, ultimately shortens ones eligibility period.

So, while it may vary by state, one cannot say that waiting to file a claim is not without consequence.

That MAY be true if you are filing through Service Canada. But if you are filing for benefits directly through the UI office of the US State where you last worked, the State's rules apply to you, not Canada's. Most states will take your claim directly, and Service Canada would not, and will not, get involved at all with your claim. So you do have about six months to file for UI, and you will have the same benefits regarless of when you file within that period. Having said that, you would be better off filing as soon as you get to Canada so you may start receiving money earlier.

Agreed that HRDSC does not get always get invloved is US UI cases. However, it does vary from state to state, and some states get Service canada to handle it; and certainly not all states have the same rules on timely filing of claims.

In missouri, for example:
https://www.ui.dolir.mo.gov/som/

"NOTE: A NEW OR RENEWED CLAIM FOR BENEFITS SHOULD BE FILED AS SOON AS YOU BECOME UNEMPLOYED. Delaying the filing of your claim can result in loss of benefits."

In NY:
http://www.labor.state.ny.us/ui/how_to_file_claim.shtm

Your claim should be filed in the first week that you have become totally or partially unemployed. It is important to file timely because your first week is an unpaid waiting week, commonly referred to as the “waiting period”. A delay may cost you benefits"

I'll spare us all going through the other 48 states.

Suffice to say that, as I said originally, and 100% corectly: "So, while it may vary by state, one cannot say that waiting to file a claim is not without consequence."

Thanks for the contribution agnelson. In your Missouri example, it is true that they say to file as soon as possible. Yet, if you look at how benefits are calculated there, the qualifying period is still the 12 months ending about six months prior to your filing for benefits ( http://www.dolir.mo.gov/es/ui-benefits/faq.htm#faq7 ). It seems what they are saying is that you will not receive money for the weeks you were unemployed prior to your filing a claim, which is what I said. So it is a good idea to file as soon as possible. But you still have about six months to file, if you choose to.

Agreed that payments may be extended for late filers. However, even the example you provide shows that waiting six months, and thus creating 2 'empty' quarters, can adversely affect the benefit calculation.

Also, since the feds are regularly extending benefits past normal so expiry, waiting may still end up costing you in the long-run (ie. you would have been paid for months 13-18 anyways even if you filed on day 1).

Can I change my status from TN or H1b after I is laid off and stay in US for a couple of months, and then go back to Canada to fill the unemployment claim? Thanks.

see below

Great job by all of the folks participating here!

I have a few questions of my own to add here:
I was terminated from a TN-1 position I had in VA (worked 23 months starting in Aug'08) a couple of months back. They basically called me to the conference room and gave me a bunch of unreasonable harrasive grounds (short version is the dynamic of the team I worked with changed and the ones left in charge didnt really like me - long version (!) insubordinaion...) and told me to leave the building immediately. On paper there was no grounds mentioned, just a cheque for my pay and insurance options to extend after last day. I was given no notice or severence package or anything for my moving expense back to Canada. I knew I was to leave US in a 'reasonable' time. I see here that you guys have stated I will have to apply for unemployment benefits with US state I was working in.

1. I know if Canada we pay Tax and CPP and then EI for I guess when/if u get laid off or want to take advantage of the unemployment benefits. What are the eligibility deductions taken from one's pay in US? is it social sec. tax? or is it just counted for in the Fed./State tax we all pay as employees in US?

2. As I did not do any misconduct throughout my employment, would it actually be possible to argue my points with the US authorities to get the UI benefits? how hard is the appeal process if there would be one, specially as a canadian outside US?

3. If the right path is to go with the UI instead of EI, would there be any way to seek EI if the UI didnt work out?

I appreciate any help you can offer with these, Many Thanks in advance.
NG

There is nothing to fight about: you are entitled to UI, as soon as you move back to canada.

You've read the other posts on ths thread, so there really isn't anything to add in your case.

UI in about 48 stses is completely employer-funded, so you didn't pay into it, but that doesn't enter into the picture. You are entitled to UI -- when you move back to canada.

When I apply from Canada for US UI, is there any question or documentation required to show the date that I returned to Canada?

Eventually there will be.
At a minimum you will need to provide them your Cdn address on your first weeks claim.