Anyone received UI (used to work in GA) while changing status to TD

#1
Hello Everyone,

My spouse changed TD to TN status and received Form I-797 from USCIS in August 2019. Though the visa validity for 3 years, her job was ended February 2020 (not directly related to COVID). I called POE Detroit (this is where I received my past 3 TNs) and they recommended to visit the border as soon as it opens to update her TD Status. Also, I requested my TN Visa renewal and they suggested to submit my TN renewal application to USCIS since my job is considered as Non-Essential. My employer applied for my TN Renewal and submitted TD for my spouse & children in April 2020 via USCIS due to COVID situation.

I am still waiting for status from my employer about my TN renewal along with my spouse TD. Question is that Can she submit unemployment insurance in Georgia? Any previous threads on this topic (I do see one successful case for Furlough from California but the job return was guaranteed) or any advise?

Appreciate your input and guidance.
 

nelsona

Registered Users (C)
#2
No, she is not eligible for UI in any state, so long as she lives in US. She would need to return to live in Canada, and then make a application through Service Canada and the GA UI office. She is not considered "ready and able" to work, even though it would take only a couple of days to get authorization at the border.

This has long been the universal stand on former TN workers. The only exception (right now) is for TNers that have either been furloughed or had their hours reduced: some states are accepting this situation as still eligible, since they are not severed from their sponsor.
 
#4
No, she is not eligible for UI in any state, so long as she lives in US. She would need to return to live in Canada, and then make a application through Service Canada and the GA UI office. She is not considered "ready and able" to work, even though it would take only a couple of days to get authorization at the border.

This has long been the universal stand on former TN workers. The only exception (right now) is for TNers that have either been furloughed or had their hours reduced: some states are accepting this situation as still eligible, since they are not severed from their sponsor.
Thank you Nelsona. Appreciate your time and valuable input. My spouse decided to stay and continue to look for new jobs.
 
#5
Did the officers clarify what jobs are considered ESSENTIAL now?
The officer asked the question whether job is identified as an Essential services from Steve Mnuchin department and I said "Yes". The officer asked follow-up question that can you work from home or remote and I said "Yes". Since I am able to work from home or remote, it is not considered as an essential.

There is no wet ink signature required when my employer submits my application via USCIS. Also, I am allowed to stay as long as I have receipt that I submitted my TN Renewal.
 
#6
Thanks, krishsen!
Not sure how to explain this 'Since I am able to work from home or remote, it is not considered as an essential. ' and USCIS will process to the application but border officers will not.
 
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