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Employment Benefits on 485
- Thread starter dal_irv
- Start date
Originally posted by jaxen
No- cannot claim, yes it will affect GC.
I beg to differ. I had posted this sometime back and have copied it again here:
There has been conflicting opinion on this forum regarding applying for unemployment benefits. My opinion is different from that of many others. I will repeat my argument here once again.
Unemployment is paid from an insurance fund set up by the state. It is paid for by insurance premium by you and your employer. (You can check your pay stubs and see an item called UI listed under deductions.) If you are paying insurance premium, it is your RIGHT to claim insurance benefits if you qualify. One of the relevant qualifications is that you should have UNRESTRICTED employment authorization. It means that no H1, L1, etc. EAD is an unrestricted employment authorization since it does not tie you to a particular employer. Since you already have EAD, you qualify 100% for UI benefits. It should in no way hinder either your or your spouses green card process.
Consider this hypothetical case. What if you are injured in an accident? Will you not claim disability benefits if you are paying for disability insurance? Will that be considered against your GC process?
Most of the arguments made against claiming UI is that it makes you a public charge. The answer is that it DOES NOT. Public charge is what the government (and ultimately tax payers) pay to support you. UI is an insurance for which you pay, not the public or the government.
GCAspirant123
Registered Users (C)
That may be valid for who applied Employment based GC
It is quesionable and argumentable for who applied Employment based GC but not for spouse.
Spouse can avail position on the open market. the spouse does have all the facility what green card holder has.
But the one who applied GC needs to have a job or atleast future job to qualify for the permanent residency.
So, i think the person who applied GC also claim unemployment, but cautious and find the job asap to become eligible for GC
It is quesionable and argumentable for who applied Employment based GC but not for spouse.
Spouse can avail position on the open market. the spouse does have all the facility what green card holder has.
But the one who applied GC needs to have a job or atleast future job to qualify for the permanent residency.
So, i think the person who applied GC also claim unemployment, but cautious and find the job asap to become eligible for GC