claim unemployment benefits

M

mpltpl

Registered Users (C)
I am a H1B holder and I got my EAD recently (through) my spouse. I am about to complete my project and I would like to know whether I could claim for my unemployment benefits or not?
I know that the person who applied for Green Card cannot claim for these benefits until his/her 485 gets approved. Does this apply for spouse also? Please suggest....
 
no

no, if your spouse does not have a GC yet, what is the justification for her/him to get the compensation???
 
Originally posted by mpltpl
I am a H1B holder and I got my EAD recently (through) my spouse. I am about to complete my project and I would like to know whether I could claim for my unemployment benefits or not?
I know that the person who applied for Green Card cannot claim for these benefits until his/her 485 gets approved. Does this apply for spouse also? Please suggest....
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You are fully authorized to work and may claim unemployment benefits.
 
There are possibilities to claim unemployment benefits using EAD (some states permit it). Check with your state (http://workforcesecurity.doleta.gov/unemploy/uifactsheet.asp).

Coming of a project and losing employment is 2 different things. If you are still employed but rolling of a project or on bench and just because your employer does not pay does not mean that you can claim UI.

But you would run the risk of GC denial if you cannot prove employment if a RFE is generated. Once you have GC, no probs to claim unemployment benefits (though run a slight risk of citizenship denial). But with EAD, claiming unemployment for the primary GC filer is very risky as GC itself could be denied. One of the key problems when claiming UI with EAD is the state may look for a job for you which maybe incompatible with your GC.
 
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Originally posted by st8
But with EAD, claiming unemployment for the primary GC filer is very risky as GC itself could be denied.
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You are right, but mpltpl is derivative applicant and may claim UI
 
As I said in my previous message, I am not the primary applicant of GC. I got my EAD through my spouse 2 months back. I would like to know is there any risk in applying for my unemployment benefits? Will there be any negative impact on our GC processing?

--mpltpl
 
mpltpl,

You have been working on a H1 and not an EAD. Though you got your EAD, you did not utilize it and your H1 is still valid. You cannot claim UI with H1 (too risky in current scenario) but with EAD. Check with your state DOL and also with a lawyer. If possible change your employment status (I think by filing I-9 thru your employer) to EAD. You will lose your H1 status though. This should help to get UI.

As for negative impact, if applying for citizenship in the future, there is a slim chance that INS might consider you as a public charge and deny citizenship.

Disclaimer: This is my personal opinion. Check with your lawyer.
 
Originally posted by st8
You have been working on a H1 and not an EAD. Though you got your EAD, you did not utilize it and your H1 is still valid. You cannot claim UI with H1 (too risky in current scenario) but with EAD. Check with your state DOL and also with a lawyer. If possible change your employment status (I think by filing I-9 thru your employer) to EAD. You will lose your H1 status though. This should help to get UI.
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Presenting EAD during applying for UI will automatically change his status

Originally posted by st8

As for negative impact, if applying for citizenship in the future, there is a slim chance that INS might consider you as a public charge and deny citizenship.
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UI benefits is not public charge.
 
Tasse:

Read this from the www.immigration.gov website regarding the definiton and policies of public charge.

http://www.immigration.gov/graphics/publicaffairs/questsans/public_cqa.htm

UI benefits is not exempted (Q7) and can be deemed as a public charge (Q6, 3). Read Q18 and that is the reason I mentioned denial of citizenship (and GC and also deportation) is a 'slim' chance. Also, some of the FAQ is pretty vague and contradictory and can be interpreted differently.
 
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st8, I read "Q7: Are there public benefits that aliens can legally receive without worrying that the INS and State will consider them a public charge?", but why did you decide, that UI is public benefits.
 
Public benefit is what is paid by government and ultimately tax payers. UI is an insurance, not paid by government nor paid by tax payers in any way. Employer and employee both pay premiums into the UI insurance fund. There is no reason to think that getting UI is detrimental to getting a green card.

In the link, INS defines public charge as follows:

.
Q3: How is “public charge” defined, and when will this definition be implemented?
A3: The INS is issuing guidance and a proposed regulation that define “public charge” for the first time. "Public charge” means an alien who has become (for deportation purposes) or who is likely to become primarily dependent on the government for subsistence (for admission/adjustment purposes) . This definition is effective immediately.

UI is NOT a government subsistance.
 
Tasse,
UI is provided by the state (though paid thru the employer's insurance contributions).

Q6. (3) State and local cash assistance programs for income maintenance (often called state "General Assistance," but which may exist under other names).

General assistance and UI are 2 different things but if someone is ineligible for UI they could be for TANF/GA. Also, be aware that if UI is delayed, one can be provided GA/TANF.

In mpltpl's case, if the project ends (could be the end of a mutual contractual agreement), may not be eligible for UI. But, if it is layoff or 'forced' to quit, then eligible for UI. But, for the primary applicant the basis of GC (for emploment based) is on the job and hence claiming UI will be extremely risky.

I also read (I will try to get the link) that someone claiming more than 12 months of UI (not sure of the overall period, say within 5 years, 4 years, etc.) is 'deemed' a public charge. So, if someone repeatedly claims UI to hit 12 months, then there is a risk of INS getting the notification of the public charge.

As always checking with the state and/or a lawyer makes better sense.
 
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UI during temp shutdown OK?

From this thread, I see that claiming UI can put the GC application at risk in some scenarios. Could someone please comment on the following scenarios?

My company will have a two-week shut down during which all employees will be unemployed for two weeks. Most will collect UI. I have an H1B, I485 pending, but no EAD yet. Can I claim UI? Will there be a risk to my GC application if I do so? What is the risk?

My company will have another shut down at the end of the summer. By then I will have an EAD. Will I be able to claim UI then? Will there be a risk to my GC application if I do so? What is the risk?
 
UI during shutdown

In other words, does the fact that re-employment is guaranteed after a two week period reduce or nullify the risk to a GC application?
 
hi HiTech

Although it's gray area and lots of people used it sucessfully, i wouldn't try to take risk for only two weeks. Alternatively once you can get EAD, use that to get temp job for those two week, if it's absolute necassary.

Because I think INS interpretation is changing by day as economy get tougher and other paramter change, so i wouldn't try to creat more complication if it's not absolute necassary.

Good luck,

JB
 
Lost job and Looking for one

I have lost my job (terminated due to some reason which I get an explanation about!!)-company in fianacial trouble-not willing to accept yet-and terminating people with some reasons. Anyways I am actively seeking and have promising similar job offers. I am on EAD - 485(application more than 180 days old). What trouble will I be facing in my GC process? I might have a two-three week period in-between jobs where I will be unemployed. I will not be risking Unemployment Benefits though.
Please advise.
 
kumaran856 said:
What trouble will I be facing in my GC process? I might have a two-three week period in-between jobs where I will be unemployed.
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That's fine - the main thing is to ensure you have a same or similar job or job offer when your I-485 is approved.

I will not be risking Unemployment Benefits though.
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There's no risk, and you're entitled to the money.
 
Hello, need advise on a similar scenario...
was recently laid off, company was down-sizing/lack of work
I have filed I751 petition to remove the condition on my residence in July 2008. (I had a 2 yr conditional card obtained through marriage). GC expired Sept 2008 but I have a letter extending it with one year.
My I 751 application is still pending. If I apply for UI will that jeopardize my I 751 petition? Am I entitled to UI?
 
we are also in the same situation. our I-485 is still pending and is in extended review stage.
my derivative got laid off. can we claim UI benefits? will that be an issue for the primary I-485 applicant/derviate when the case is ready to take a decision?
Immigration officer says UI benefit is a state program we can use it if approved.
any suggestions?
 
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