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I-485 Portability (AC21) Change employers after 180 days. What if you are laid off before 180 days.

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  #1  
Old 1st December 2008, 10:46 PM
irainesan irainesan is offline
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if a person in EAD loses job...
If a person working on EAD (and H1 became void when he changed employer) loses job, can he stay in USA without a job for a month or so? is it legally permissible?
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  #2  
Old 1st December 2008, 10:59 PM
TheRealCanadian TheRealCanadian is offline
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Quote:
Originally Posted by irainesan View Post
If a person working on EAD (and H1 became void when he changed employer) loses job, can he stay in USA without a job for a month or so? is it legally permissible?
Sure - since the pending I-485 keeps one in legal status.
__________________
------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #3  
Old 17th February 2009, 11:45 AM
kahan_funs_gaya kahan_funs_gaya is offline
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can one claim unemployement benefits while on EAD?
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  #4  
Old 17th February 2009, 12:07 PM
TheRealCanadian TheRealCanadian is offline
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Generally, yes.
__________________
------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #5  
Old 3rd March 2009, 02:16 PM
nisra nisra is offline
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Posts: 50
Unsure if this is true
Quote:
Originally Posted by TheRealCanadian View Post
Generally, yes.
Not so sure. The unemployment benefits is generally for people with Permanent Resident or Citizen status from my understanding. And EAD though gives us the privilege of switching employers, I dont think one can claim these benefits.

But again, I could be wrong, if so any legal mind please correct me.
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  #6  
Old 3rd March 2009, 10:50 PM
TheRealCanadian TheRealCanadian is offline
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Quote:
Originally Posted by nisra View Post
The unemployment benefits is generally for people with Permanent Resident or Citizen status from my understanding. And EAD though gives us the privilege of switching employers, I dont think one can claim these benefits.
Not correct. The main criteria for UI is that one be eligible to work, which an EAD provides.
__________________
------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #7  
Old 3rd March 2009, 11:25 PM
indoamerican indoamerican is offline
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Join Date: Feb 2005
Posts: 47
I am afraid the answer is "NO". One has to be a Permanent Resident to Claim UI. One has to show the proof of Permanent Residency.
EAD allows to work with one or more employers and to be self-employed.
I hope this answers your question
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  #8  
Old 3rd March 2009, 11:57 PM
TheRealCanadian TheRealCanadian is offline
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Quote:
Originally Posted by indoamerican View Post
I am afraid the answer is "NO". One has to be a Permanent Resident to Claim UI. One has to show the proof of Permanent Residency. EAD allows to work with one or more employers and to be self-employed. I hope this answers your question
Wrong. One can collect UI on EAD.
__________________
------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #9  
Old 18th March 2009, 01:00 AM
ginnu ginnu is offline
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Posts: 13,473
Quote:
Originally Posted by paul Ash View Post
Why argue get it evaluated free from immigrationquestion dot com
At 10 places you have posted get answer from Gehi or immigrationquestion dot com. are you working for him or you are Gehi?
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Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.
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  #10  
Old 18th March 2009, 08:16 AM
Jackolantern Jackolantern is offline
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Join Date: Sep 2005
Posts: 8,270
Quote:
Originally Posted by irainesan View Post
If a person working on EAD (and H1 became void when he changed employer) loses job, can he stay in USA without a job for a month or so? is it legally permissible?
He can stay without a job temporarily, but if he doesn't find a "same or similar" (AC21) job or job offer before USCIS finds out about the situation, they can deny the I-485.
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PD: Jan 2003 (EB3 rest of world)
I-485 filed: June 2005 Approved: July 2007
I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.
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