Claiming unemployment benefits while on EAD (Dependent)

L

LaborSeekar

Registered Users (C)
Hi,

I'm the main applicant on our employment based I-485 application that we applied long time ago. My wife's got dependent I-485, EAD on me. I got my GC recently and my wife's still pending.
She was working FTE and last week her company gave pink slip.
We are thinking of claiming unemployment benefits. I'm the main applicant and she is dependent so, I believe she doesn't need to work continuously until her GC approves.

My Qs are
1. Did anybody in the similar situation claimed unemployment benefits without any problems?
2. Will claiming unemployment benefits have any negative impact on her GC approval?
3. Any suggestions, precautions that we should take, possible problems?

Thanks
 
My 2 cents, DO NOT claim unemployment benefits.

LaborSeeker,

Your spouse GC may (?) be denied if USCIS finds that she is claiming benefits. It is not that if she is eligible or not... it is just that the immigration officer reviewing your case sees if the application is a 'burden' to the country and needs financial/other support.

Please note: I'm NOT a attorney or possess legal expertise, Just a member like you.
 
If we are taking about dependent (not primary) claiming benefits on EAD (not H1), I don't see a problem. My spouse who is also on EAD has claimed unemployment. Her 485 application is dependent on mine. I know more than one person who did the same and eventually received their GC without issues. There are main two reasons for it:

1) Your dependent doesn't have to prove anything. He/she is issued EAD and is free to work or not work. If she works for whatever minimum period is required per the state law, she can claim unemployment benefits. She of course has to meet the state's criteria for claiming that benefit like you have to be laid off, not fired and actively looking for a job and available to work, which also means having a valid EAD.

2) Its not considered a public charge. You and your employer paid insurance "premiums" for it through payroll deductions. No taxpayer ends up supporting anyone on unemployment (in our state NJ at least). Btw, I am referring to how regular unemployment benefits work and not to any extraordinary federal measures like the bailout or unemployment payment extension plans, etc. which are obviously indirectly taxpayer supported (because of federal deficits, etc)

Having said that, if the primary is claiming the unemployment benefit, I would be a little cautious and personally wouldn't do it unless I am really financially strained and my lawyer gives me the ok.

And if we are talking about some H1 holder planning to that, thats a bigger no-no in my eyes as the act of claiming it is contradictory to the validity of your status. In fact, I would argue H1 holders should not even have to pay unemployment insurance (or their employer) precisely because they cant really claim it.
 
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