H1b and Laid off, and can i apply EDD unemployment benefits?
- Thread starter ssg10
- Start date
What is your current immigration status? Do you have a 485 pending ?
I am not sure, but you might want to be careful with applying for a public benefit like that. Some point down the line you have to proove that you are not likely to become a 'public charge'. I don't know whether they count unemployment benefits as such.
I am not sure, but you might want to be careful with applying for a public benefit like that. Some point down the line you have to proove that you are not likely to become a 'public charge'. I don't know whether they count unemployment benefits as such.
NO. If you plan to apply for GC then a big NO.
A friend of mine was in the same situation and his lawyer told him that it is illegal to claim unemplyment benefits (I mean for h-1bs). When you are on h-1b, your stay in the US is legal if you have employment with the sponsor(er). When you claim for unemployment, you are telling the government that you are not employed any more and hence you are out of status.
Sorry for you, but try to find a new job.
A friend of mine was in the same situation and his lawyer told him that it is illegal to claim unemplyment benefits (I mean for h-1bs). When you are on h-1b, your stay in the US is legal if you have employment with the sponsor(er). When you claim for unemployment, you are telling the government that you are not employed any more and hence you are out of status.
Sorry for you, but try to find a new job.
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Thanks for the replies
Thanks everyone. I somehow got different answers from different people. My lawyer told me it's ok to apply unemployment benefits and told me to put h1b in the form. Also, my friend who works as HR told me it's ok too as long as I paid taxes during employment, which I did.
Now, does anyone know if EDD has direct database sharing with immigration? So, if they input my social sec, it will show up my immigration status as well?
I am just trying to see the logic behind their relationship.
thanks!
Thanks everyone. I somehow got different answers from different people. My lawyer told me it's ok to apply unemployment benefits and told me to put h1b in the form. Also, my friend who works as HR told me it's ok too as long as I paid taxes during employment, which I did.
Now, does anyone know if EDD has direct database sharing with immigration? So, if they input my social sec, it will show up my immigration status as well?
I am just trying to see the logic behind their relationship.
thanks!
Wow
> My lawyer told me it's ok to apply unemployment benefits and told
> me to put h1b in the form. Also, my friend who works as HR told
> me it's ok too as long as I paid taxes during employment, which I did.
Dude, you are getting some serious BAD advice here. Don't jeopardize your future immigration plans for a couple of hundred $$$ in unemployment benefits. Chances are you won't get caught right away, but the key issue here is the fact that you are out of status once you loose your job. In their buerocratic confusion they might even pay you the benefit, but if you ever consider applying for another visa or a green-card, you will have to document your uninterrupted legal status.
Again, do you already have a form I485 pending ?
If not, you are accruing 'out of status' time and you better start looking for another way to obtain a legal status before you accumulate too much of it.
> My lawyer told me it's ok to apply unemployment benefits and told
> me to put h1b in the form. Also, my friend who works as HR told
> me it's ok too as long as I paid taxes during employment, which I did.
Dude, you are getting some serious BAD advice here. Don't jeopardize your future immigration plans for a couple of hundred $$$ in unemployment benefits. Chances are you won't get caught right away, but the key issue here is the fact that you are out of status once you loose your job. In their buerocratic confusion they might even pay you the benefit, but if you ever consider applying for another visa or a green-card, you will have to document your uninterrupted legal status.
Again, do you already have a form I485 pending ?
If not, you are accruing 'out of status' time and you better start looking for another way to obtain a legal status before you accumulate too much of it.
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Please see the following. Show this to your lawyer. If he/she still thinks that you are OK then go ahead. This is New Jersey DOL, but I am sure the immigration side of the law is the same everywhere in the US.
I guess what I did not know before is that if you are going to retun to the same employer then you may get benefits (at least in NJ ). Are you laid off ? Or you are just on the bench and want to claim benifits ?
Then again, getting benefits is one thing. Immigration is a different thing. What I mean is that , some DOLs may approve your benefits, but they may overlook the immigration law. You are responsible for your own status. Just consult a 'real' attorney man.
http://www.nj.gov/labor/ui/faq.html
I quoting from the FAQ :
Q. I currently have a H-1 B visa but have lost my job; am I eligible?
A. H-1B visa holders are authorized to work in the United States for one specific employer. If you are permanently separated from that employer and your alien status has not changed, you cannot legally work for another employer and you would be ineligible for benefits. You may be eligible for benefits if you are on a temporary layoff from your employer with a definite return-to-work date.
I guess what I did not know before is that if you are going to retun to the same employer then you may get benefits (at least in NJ ). Are you laid off ? Or you are just on the bench and want to claim benifits ?
Then again, getting benefits is one thing. Immigration is a different thing. What I mean is that , some DOLs may approve your benefits, but they may overlook the immigration law. You are responsible for your own status. Just consult a 'real' attorney man.
http://www.nj.gov/labor/ui/faq.html
I quoting from the FAQ :
Q. I currently have a H-1 B visa but have lost my job; am I eligible?
A. H-1B visa holders are authorized to work in the United States for one specific employer. If you are permanently separated from that employer and your alien status has not changed, you cannot legally work for another employer and you would be ineligible for benefits. You may be eligible for benefits if you are on a temporary layoff from your employer with a definite return-to-work date.
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If you are no longer working for the H-1B sponsor, you are no longer maintaining your H-1B status and therefore you are subject to removal (DEPORTATION) from the United States.
You can apply for whatever you like, however, you cannot legally remain in the US. To collect unempolyment benefits you must be able to work for any US employer without restriction. You need sponsorship and therefore are not eligible for unemployment benefits. You are also illegally present in the US. USCIS may issue a Notice to Appear, placing you in removal proceedings at any time.
You can apply for whatever you like, however, you cannot legally remain in the US. To collect unempolyment benefits you must be able to work for any US employer without restriction. You need sponsorship and therefore are not eligible for unemployment benefits. You are also illegally present in the US. USCIS may issue a Notice to Appear, placing you in removal proceedings at any time.
rajeev12121974
New Member
What if you take a long-term leave (let's say for 3 months) and you will be reemployed on a specific date with the same employer. In this situation, as per NJ law, I believe you CAN claim unemployment benefits.
1. H1 is still valid with the same employer. Employer want you back for after 3 months but not before that. You are not out of work. Technically you have no income.
2. H1b says if you are not employed, you are out of status. In this case, you are employed but your employer is not paying you.
1. H1 is still valid with the same employer. Employer want you back for after 3 months but not before that. You are not out of work. Technically you have no income.
2. H1b says if you are not employed, you are out of status. In this case, you are employed but your employer is not paying you.
this is like scratching the head again and again. H1b rule is pretty clear. once you cannot work for extended period you are out of status.there is some room for family emergency but you dont want to start proving things to immigration department. If I were you, kick that lawyer for the wrong advise.If you are not keen on GC, then go ahead and try your luck. If you are not getting a job, you could exit the country for some time just to pass this bad economic phase on personal ground and rejoin the firm. Living in US on unemployment benefit in this case will put you in trouble.
Hi Indokiddo,
I had a quick question based on your reply. I am on pending H1-B visa awaiting approval for over 1 1/2 years and am on extended opt at this moment. I was laid off two months ago and now have a job with the same employer starting in December. Can I claim for unemployment benefits?
I had a quick question based on your reply. I am on pending H1-B visa awaiting approval for over 1 1/2 years and am on extended opt at this moment. I was laid off two months ago and now have a job with the same employer starting in December. Can I claim for unemployment benefits?
Concerned4us
Banned
If you are on OPT, your period of unemployment is a major concern as you may have no moe than 120 calendar days as unemployed.
Concerned4us
Banned
Some people like to necropost.
voyager2009
New Member
H1B & Canceling Unemployment benefits initial claim
Hey folks,
I was on an H1-B and was laid off in mid-October. I wasn't aware that laid-off H1-B's are not eligible for unemployment benefits (unfortunately I didn't know about this forum, or else I would have known better!!). So, I unknowingly filed an initial claim late on November 5th evening. After realizing on November 6th, that I'm not eligible for it, I tried calling the unemployment number SEVERAL times to cancel my claim. But all I got was a lot of red-tape and was unable to speak with anyone after being put on hold several times for more than 25 minutes. My question is if I end up canceling my initial claim ASAP first thing the next business day, without me actually getting any money from them, will I still be in any trouble with immigration?
Also, I plan to do a COS to a B2 visa ASAP. I know it's supposed to be done before you lose status, but in my case I was informed about the layoff only on the day that it happened, and not in advance. So, my question is will my COS application be denied because of not filing it before losing status? What if my ex-employer still hasn't notified USCIS about the layoff? Is there a chance that some leniency may be shown?
Any help will be appreciated. Thanks in advance folks!
Hey folks,
I was on an H1-B and was laid off in mid-October. I wasn't aware that laid-off H1-B's are not eligible for unemployment benefits (unfortunately I didn't know about this forum, or else I would have known better!!). So, I unknowingly filed an initial claim late on November 5th evening. After realizing on November 6th, that I'm not eligible for it, I tried calling the unemployment number SEVERAL times to cancel my claim. But all I got was a lot of red-tape and was unable to speak with anyone after being put on hold several times for more than 25 minutes. My question is if I end up canceling my initial claim ASAP first thing the next business day, without me actually getting any money from them, will I still be in any trouble with immigration?
Also, I plan to do a COS to a B2 visa ASAP. I know it's supposed to be done before you lose status, but in my case I was informed about the layoff only on the day that it happened, and not in advance. So, my question is will my COS application be denied because of not filing it before losing status? What if my ex-employer still hasn't notified USCIS about the layoff? Is there a chance that some leniency may be shown?
Any help will be appreciated. Thanks in advance folks!