Claiming unemployment benefits while on EAD

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
 
2. Will claiming unemployment benefits have any negative impact on her GC approval?

No, claiming unemployment will not have any adverse impact as long as she has a valid EAD.
 
I think so.

nkm-oct23 said:
I am not sure what you mean by that. OP's wife is the derivative GC applicant and she does not need employment in order to get her GC.
Click to expand...

Thanks nkm-oct23.
I think the same. Since she is a derivative, unemloyment benefits may not be a worry to her. But wanted to know if anyone has any negative impact because of claiming unemployment benefits.
 
Unemployment benefits are paid by a state mandated insurance fund which collects premium from employees. It is not a government handout and therefore does not constitute a public charge. Your wife is well within her legal right to collect UI without jeopardizing her I-485 petition.
 
nkm-oct23 said:
Unemployment benefits are paid by a state mandated insurance fund which collects premium from employees. It is not a government handout and therefore does not constitute a public charge. Your wife is well within her legal right to collect UI without jeopardizing her I-485 petition.
Click to expand...
Thanks. Another question while we are at it.
Does my wife need to wait for visa number availability when USCIS is ready to approve her application, I believe we are getting close to the approval but today I saw that June 09 visa bulletin which moved EB2 back to yr 2000?
 
Yes, the derivative beneficaries have to wait until the priority date is current. Fortunately, the June bulletin does not take effect until June itself, so there is still a chance your wife could get her GC approved by the end of this month.
 
Jackolantern said:
Yes, the derivative beneficaries have to wait until the priority date is current. Fortunately, the June bulletin does not take effect until June itself, so there is still a chance your wife could get her GC approved by the end of this month.
Click to expand...
Thanks Jackolantern. I hope that happens.
Today We received below update on her application. It was transfered from Atalanta to Texas office after one year wait time in Atlanta for nothing.

Current Status: This case is now pending at the office to which it was transferred.

The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office.
 
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