claiming unemployment benefits on EAD
- Thread starter sannu99
- Start date
TheRealCanadian
Volunteer Moderator
Yes. UI has been explicitly stated to not trigger the "public charge" category of inadmissibility. However, you must have a job offer at the time of I-485 ajudication.
Some people believe that the state workforce agencies and USCIS share information, that your UI claim may get back and trigger an RFE or denial. I have yet to see any evidence of this, and considering how poor information sharing is in the government I consider it almost impossible to happen.
However, it is up to you to do what you feel is best.
gc_luckyguy
Registered Users (C)
jaxen
Jaxen - to which question does your nooooo apply.
can we apply for unemployment benifits while on EAD ( i-485 pending)
Jaxen - to which question does your nooooo apply.
can we apply for unemployment benifits while on EAD ( i-485 pending)
can i claim unemployment benefits from the government when i am on EAD during the AOS stage. Does it adversely affect my petition?
There are different opinions regarding claiming unemployment benefits, if
you go find out what makes state pay unemployment, you shall find that your corporation contributes % of your salary to state employment agency and unemployment funds. You are very much eligible to claim if
you hold an valid EAD. They might verify validity of EAD with BCIS, but that
should not affect your petition, although there is no eveidence of I-485 approval or denial based on claiming unemployment benefit.
There are different opinions regarding claiming unemployment benefits, if
you go find out what makes state pay unemployment, you shall find that your corporation contributes % of your salary to state employment agency and unemployment funds. You are very much eligible to claim if
you hold an valid EAD. They might verify validity of EAD with BCIS, but that
should not affect your petition, although there is no eveidence of I-485 approval or denial based on claiming unemployment benefit.
whats_in_name
Banned
It does not logically sound relavent to apply for unemployment benefits while waiting for GC.
And my logic is, we apply for GC claiming that we have jobs here unfilled and we should be allowed take up these jobs. Then how can we ask them to pay us unemployment benefits before even they approve our GCs. Our GC application is tied with jobs, if there are no jobs there are no GCs. Simple ...
This is how I feel about unemployment benefits.
WIN
And my logic is, we apply for GC claiming that we have jobs here unfilled and we should be allowed take up these jobs. Then how can we ask them to pay us unemployment benefits before even they approve our GCs. Our GC application is tied with jobs, if there are no jobs there are no GCs. Simple ...
This is how I feel about unemployment benefits.
WIN
And my logic is, we apply for GC claiming that we have jobs here unfilled and we should be allowed take up these jobs. Then how can we ask them to pay us unemployment benefits before even they approve our GCs. Our GC application is tied with jobs, if there are no jobs there are no GCs. Simple ...
There are two independant agencies BCIS (at federal level) and
state unemployment (at state level), one deals with immigration
and the other labor issues at state level. Do they share information ?
Possibly not.
If you meet the unemployment eligibility requirement they cannot deny you
unemployment, having a valid EAD makes you eligible.
Again, there is no evidence if these two agencies are connected
and any I-485 cases which have been approved or denial solely
based on claiming unemployment. It shows up on 1099-G for
tax purposes, may be someone can shed some light on tax
implications to determine how safe it is to claim it.
There are two independant agencies BCIS (at federal level) and
state unemployment (at state level), one deals with immigration
and the other labor issues at state level. Do they share information ?
Possibly not.
If you meet the unemployment eligibility requirement they cannot deny you
unemployment, having a valid EAD makes you eligible.
Again, there is no evidence if these two agencies are connected
and any I-485 cases which have been approved or denial solely
based on claiming unemployment. It shows up on 1099-G for
tax purposes, may be someone can shed some light on tax
implications to determine how safe it is to claim it.
Unemployment benefits are a right under law. Just like disability benefits. Will you not claim disability benefits if you get injured and are unable to work? Why do you think (law requires that) you and your employer pay into the unemployment insurance fund? If you pay to insure for an unforseen event, you have every right under law to collect insurance if that event occurs.
What is not allowed under immigration law is becoming a public charge. Public charge means the rest of us pay for your subsistance. No one but you and your employer pay for the unemployment insurance, therefore it does not fall under public charge. Not a dime of UI payment comes from my pocket directly. (Of course you can argue that it comes from the UI insurance premiums paid by me, but that is how insurance and social security works.)
If you have no job, you will not get a GC whether or not you claim UI.
There is no gray area or comfort zone here, it is either black or white. You are either eligible to get UI or you are not.
confusedalien
Registered Users (C)
let me ask a ridiculous corollary to this.
can my wife (who has never worked, and who has just got an EAD and does not have a job) claim unemployment benefits?
I know the answer is no, but wanted to know the reason. is it because hers is a 'dependent EAD' while my EAD is the primary one?
thanks
can my wife (who has never worked, and who has just got an EAD and does not have a job) claim unemployment benefits?
I know the answer is no, but wanted to know the reason. is it because hers is a 'dependent EAD' while my EAD is the primary one?
thanks
To claim unemployment
you have to qualify. One of the requirements is that you should have held a job for a period of time and should have been earning a certain wage. Based on how you lost your job you eligibility is decided.
You cannot sit at home and one fine day go and claim unemployment benefits.
you have to qualify. One of the requirements is that you should have held a job for a period of time and should have been earning a certain wage. Based on how you lost your job you eligibility is decided.
You cannot sit at home and one fine day go and claim unemployment benefits.
PhillyDec01
Registered Users (C)
Careful
Don't assume which departments are connected or not connected. If they see a flurry of unemployment claim by people with EAD, then USCIS will set up a dept to look into these issues.
You guys know what is happenning with DE SESA, USCIS is asking for lease agreement and other tax info for companies filing from DE.
Don't assume which departments are connected or not connected. If they see a flurry of unemployment claim by people with EAD, then USCIS will set up a dept to look into these issues.
You guys know what is happenning with DE SESA, USCIS is asking for lease agreement and other tax info for companies filing from DE.
eb2august01
Registered Users (C)
sannu99
Hi sannu99,
Whatever your economic situation is DO NOT FILE FOR UNEMPLOYMENT BENEFIT. My advise to you is "Do not take any chances". All of us are waiting for long time to get our green cards, and all of us know how slow the BCIS system works now. I am sure that you don't want to get another RFE or end up with I-485 denial just because of getting the unemployment benefit. I hope you would get another job soon.
Good luck.
eb2august01
Hi sannu99,
Whatever your economic situation is DO NOT FILE FOR UNEMPLOYMENT BENEFIT. My advise to you is "Do not take any chances". All of us are waiting for long time to get our green cards, and all of us know how slow the BCIS system works now. I am sure that you don't want to get another RFE or end up with I-485 denial just because of getting the unemployment benefit. I hope you would get another job soon.
Good luck.
eb2august01
TheRealCanadian
Volunteer Moderator
Re: Careful
That's not the point. UI does not meet the defintion of public charge according to USCIS, therefore it does not affect any immigration petitions or benefits.
What can be more clear-cut than that?
That's not the point. UI does not meet the defintion of public charge according to USCIS, therefore it does not affect any immigration petitions or benefits.
What can be more clear-cut than that?
TheRealCanadian
Volunteer Moderator
Re: sannu99
According to that logic we should never invoke AC21, future employment, creative use of LC jurisdictions and the whole nine yards.
It is clear-cut that UI benefits do not qualify for public charge. They do not affect any immigration benefits. You are entitled to claim them if you wish, therefore why not do so? Irrational fear is no way to go through life.
Out of curiosity, how is government-sponsored unemployment insurance different from government-sponsored flood insurance? If you buy flood insurance because your house is beside a river, and a flood comes by, will your GC get deneid because you make a claim?
According to that logic we should never invoke AC21, future employment, creative use of LC jurisdictions and the whole nine yards.
It is clear-cut that UI benefits do not qualify for public charge. They do not affect any immigration benefits. You are entitled to claim them if you wish, therefore why not do so? Irrational fear is no way to go through life.
Out of curiosity, how is government-sponsored unemployment insurance different from government-sponsored flood insurance? If you buy flood insurance because your house is beside a river, and a flood comes by, will your GC get deneid because you make a claim?
Re: Re: sannu99
Good Point, Although having gone through several unpredictable stages in this convoluted process mined with irrationality one has naturally turned fearful.
My advice is: If you have it in you take the step. If you are like me take any job which will pay an amount to replace what you would get from UI.
Good Point, Although having gone through several unpredictable stages in this convoluted process mined with irrationality one has naturally turned fearful.
My advice is: If you have it in you take the step. If you are like me take any job which will pay an amount to replace what you would get from UI.
