Just get laidoff with I130,I485 pending, unemployment insurance?

J

jcli0002

Registered Users (C)
I Just get laidoff (worked for 1 year and 2 months) and filed the I130 with I485 in Dec. had FP, still waiting for further notic. SO, Can I apply for unemployment insurance at this moment with having any bad influence on my GC application? THanks!!
 
I don't believe that unemployment is one of the public means tested benefits that would make you a public charge for purposes of the I-864. However, if your income was included with your sponsor's income to meet the I-864 minimum income, then you may need to submit a new I-864 (and may need to figure out a source for additional I-864 income).
 
Thanks for the rely!! I had H1B visa while I was filing the I130 and I485. I didn't file I846. don't too much about it either..:-(, could u explain a little more about the situation? thank u very much!
 
sorry, i did file I864 with my wife's 3 year w-2. now i recalled ...my income at that time was twice of hers. i don't think i have to combine mywife's income to meet the requirement.

thanks
 
jcli0002 said:
I Just get laidoff (worked for 1 year and 2 months) and filed the I130 with I485 in Dec. had FP, still waiting for further notic. SO, Can I apply for unemployment insurance at this moment with having any bad influence on my GC application?
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UI will not negatively affect your I-485. However, you cannot apply for UI unless you have an EAD or some other work authorization.
 
So, does it mean that either I file I765 to get EDA or just wait for my GC interview to get the GC which is kind of work authorization. it seems it takes the similar time for getting either one of them. I am looking for new jobs which could sponsor H1b transfer ..but don't know whether i can get it within one month ..
thanks!
 
jcli0002 said:
So, does it mean that either I file I765 to get EDA or just wait for my GC interview to get the GC which is kind of work authorization.
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Yeah. If you don't have an EAD now, I wouldn't hold my breath on getting UI - I think there's a time limit to apply.

This is a totally separate issue from the I-864; I haven't been paying attention to that part of the thread. I assume your spouse has an income >125% of the poverty threshold?
 
about the I 864,you are right. my spouse has an income >125% of the poverty threshold.

so, the best thing to do is to wait to get my GC than look for jobs?
 
jcli0002, I would think either EAD or GC is what you should pursue. A H-1B transfer will cost the new employer $$$ and you're already in pending AOS status; if you feel that you'd like to keep a H-1B status to fall back on, that depends on your circumstances, but if you expect everything to go smoothly with your AOS then EAD should be your primary choice. The only advantage to the employer of sponsoring you for H-1B at this time is that it would allow you to work immediately and not wait for EAD. Note that it's not guaranteed that you'll have a GC anytime soon (some people get stuck in name checks) and it would be free for you to file for the EAD, so I don't see any reason why not to file for it.
 
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Got U!! austriacus, Thank you a lot!!So, I just need to file I765 now.wait for the EDA.
here is my case,
12/19/07 mailed out I130,I864,I130
12/24/07 case pending
01/10/07 FP appointment
.......
 
man, I was so stupid! i should have applied EDA with the GC application. never really looked into the issues. thanks, guys..i learned my lesson. IT WON'T HURT TO APPLY EDA EVEN IF YOU HAVE H1B Visa!!
 
jcli0002 said:
man, I was so stupid! i should have applied EDA with the GC application. never really looked into the issues. thanks, guys..i learned my lesson. IT WON'T HURT TO APPLY EDA EVEN IF YOU HAVE H1B Visa!!
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Absolutely. I believe that since the new filing fees for the I-485 have gone into effect, the EAD and AP are essentially free, but someone I'm sure will correct me if I'm mistaken.
 
jcli0002, it is correct that it won't hurt to apply for EAD even if you have a H-1B. EAD is free if you applied for I-485 after July 30, 2007 and it has no influence on your H-1B status. Well, you'll have to pay for two more passport pictures, make another copy of your I-94, and fill in the very simple form I-765. And pay for another envelope and postage if you apply after you've sent the I-485 application (and include a copy of your I-485 receipt notice I believe?). So it'll cost you a couple of bucks and will take an hour or two to complete carefully. But looking at the colorful sparkling hologram on the card is so well worth it.

That said, as TheRealCanadian alluded to, you might as well also apply for AP (otherwise you can't travel outside the country if you're no longer in H-1B status, before your GC arrrives). Also for free.
 
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Help please

Okay,
Today is my last day of work. I have EAD and got couple interviews lined up but no job offer yet. My wife who is USC, is a full time Univ student and has no income to show for. I filed 864 on solely on my income. So I got 2 questions
1. Can I or should I apply for UI?
2. I just recieved my NOAs for I-485, so still ways to go before interview, but in case they move my case on fast track and I dont have new job by then, would there be issues for GC?
Please advise
Thanks
Raj
 
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