Can I claim umemployment benefit? Please share your thoughts.

makhansing, please see the response from my attroney

The text with all capital letters are my attorney's reply.

Dear Mr. Wolf,

Two questions regarding UI:

1. Is the alien registration number requested to claim UI the same as the A# on my EAD?

>YES

2. Should I at least wait until 180 days passed to claim UI if I still
don't have a job then? If you can please spend a few minutes to read the attached post from www.immigration-law.com.

>THE LAW REQUIRES THAT YOU HAVE A BONA FIDE JOB OFFER ON THE DATE OF FILING AOS (3/22/02) AND AT THE TIME THE INS REQUESTS CONFIRMATION OF EMPLOYMENT (USUALLY ONE YEAR AFTER FILING OR LATER). THE LAW DOES NOT REQUIRE ANY
CONTINUITY IN EMPLIOYMENT WHILE AN AOS IS PENDING.

THE ANALOGY OF THE MISSOURI CASE IS NOT CORRECT. IN THE MISSOURI CASE, THE UNEMPLOYED WORKER APPARENTLY ONLY HAD AN H-1B APPROVAL NOTICE OF A FORMER EMPLOYER AS THE BASIS TO CLAIM ELIGIBILITY TO WORK. IN YOUR CASE, YOU HAVE A WORK PERMIT ISSUED THROUGH AOS AS THE BASIS FOR ELIGIBILITY TO WORK. YOUR WORK PERMIT CARD HAS NO RESTRICTIONS ON IT. AN H-1B HAS SEVERAL RESTRICTIONS: IT IS EMPLOYER SPECIFIC, JOB SPECIFIC AND LOCATION SPECIFIC.

IT IS POSSIBLE THAT A STATE UNEMPLOYMENT OFFICE WILL INFORM THE INS OF THE APPLICATION FOR UNEMPLOYMENT BENEFITS. THIS IS SIMILAR TO A STATE DMV INQUIRING TO INS ABOUT STATUS FOR AN APPLICANT FOR A DRIVER LICENSE. HOWEVER, I HAVE NEVER HEARD OF THE INS TAKING ANY ACTION AS A RESULT OF A STATE INQUIRY WHICH REVEALED THAT THE APPLICANT IS OUT OF STATUS.

As for the 180 days, what date was it counted from by INS?

>THE RECEIVED DATE, MARCH 22, 2002.

He sounds very confident about his answer. So I guess I'll go ahead to claim UI. What about you?
 
Go ahead - don't embarrass the honest hardworking people here

There are people anywhere who will take advantage of loopholes in a system. You are one of them. If your goal for a green card is to rip off the system why bother post on this board?

I would imagine that with an EAD you can at least take some KFC, McDonald, or Pizza delivery job to feed yourself (and your family). You'd be better off than being on the dole!


Originally posted by xdai
.................
He sounds very confident about his answer. So I guess I'll go ahead to claim UI. What about you? [/B]
Click to expand...
 
YJay, I really disagree with you...

I believe that 99% of the immigrants in this country are hard-working people and I am one of them. During past two years, I've been working more than 12 hours a day plus frequent weekend working. I never complained because I understand that one has to pay price to live in someone else's country. If you say that to claim UI is to take advantage of loopholes in the system then why this country bother to have that system? Are all the other people blind not to see the loopholes? I don't think so. I came from a country without any kind of benefit. This country provides the least benefit among all capitalism countries. If you are in Europe you don't even have to work to survive. So according to you all those people should be ashamed of themselves? I don't want to take the jobs you mentioned in your post now because I am not that desperate yet. If the situation is that I can't feed my family tomorrow I'll do everything. Plus, I've done those things enough before when I was a student seldom having more than a few hundred bucks in my pocket. I paid for the benefits when I work so I don't feel ashamed at all to use them when necessary and need and available.

BTW, I don't understand why some people have to be so offensive. From my point of view, there is only one reason that one person gets offensive, that is, one has to be defensive for himself. I don't get angry with you, just like that I don't get angry with Habib when he said all laid-off workers have to go back to India even though I am not an Indian. This is a free country and everyone can say whatever he/she wants.
 
xdai, have you claimed your Unemployment benefits?

If so, any problems? and what's the status of your GC?

Thanks.
 
need advice on claiming unemployment benefits under these circumstances from experts?

After a month since my GC was approved (thru CP process), my company is being bought out. Since, the deal is only asset-acquisition type of deal, the current company is terminating every one. My questions:

1. Is it safe for me to collect unemployment insurance benefits now considering I just got my GC (The plastic card was received last week)? Or Should I wait a little bit longer to file my claim(say in Nov or Dec)?

2. If I file my claim, will INS revoke my GC status?

3. I need to travel overseas for less than a month in Nov' 02, can the INS officers at the POE deny my entry to the US (assuming that they know that I'm not working for my employer and/or collecting unemployment insurance benefits)?

Please advice.

Thanks.
 
xdai

First off - I think Yjay needs to mellow out - claiming what is rightfully yours and provided by law that you earned - is not considered living off "Dole." Yjay, you may want to reacquaint yourself with the taxes that get deducted off your paycheck.

Anyhow, xdai, was just curious - your attorney does not seem to believe that getting laid off prior to the 180 days from RD is relevant {THE LAW DOES NOT REQUIRE ANY
CONTINUITY IN EMPLOYMENT WHILE AN AOS IS PENDING}, however how does this reconcile with AC21. Would appreciate if you could query your attroney on this and respond.

Just my 2 cents..... while it may be legal to receive unemployment benefits and offcourse it is one's right - I would really think twice before doing so, after all we are all dealing with a bureaucracy, which is quite unpredictable.

Cheers-
 
I got an offer two weeks after unemployment...

and started working the next week so I didn't apply for UI. It's a contractor job which pays very well considering current market.

FutureRide, I don't know what to tell you since you have different situation from me. Best to consul an attorney.

Hedgehog, I know my attorney seems having lots of different views. He always told me that GC is for a future job offer which means that you don't have to be employed at the time of filing 485 or while AOS is pending. The way he interprets AC-21 is that "if INS adjudicates my 485 case before 180 days and I am not with the employer who sponsored my I-140 at that moment then I'll be in trouble." To be honest with you I always have some difficulty believing what he told me. For instance, he told me that as long as I work in the same field a contractor job is fine for a GC interview or RFE. It doesn't matter that my paycheck will be different from an employee in that no tax will be deducted. But I'll still try looking for a employee position in the mean time.

Sorry that I don't feel like asking my attorney more questions unless absolute necessary. Good luck to everyone of us.
 
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