I485 and unemployment benefit, urgent!

hardlu

Registered Users (C)
Hi, Dear all,

I used to hold H1B but was later laid off. Then I was immediately changed to H4. A little later, I applied the unemployment benefit, and got approved promptly.

Some time after I received the first unemployment benefit check,my husband submitted his I140 NIW, as well as our I485, my EAD/AP applications. Now, his I140 was approved. But I am worried pretty much by one thing: the fact that I applied unployment benefit without getting my EAD will affect my I485 approval or not? I took a look at the I485 form again, and found that there is an item " Have you received public assistance in the U.S. from any source, including the U.S. government or any state, county, city or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?". My answer is "no", same as other questions shown in I485 form. I really do not know whether the unployment benefit is the so-called "assistance" or not?

Before I decided to apply unployment benefit, I called my old company's attorney about my eligibility, and he said "yes", then I did it. Also, I read very carefully the web site of that state unployment benefit organization and did not find that my case is not eligible (it does not say that possessing EAD is one of some requirements).

I really want to know:
1. whether my I485 will be adversely affected?
2. If it will be affected, is my husband's I485 application will be affected also? Pls. note that he is always working as a H1B holder.
3. Even there is something bad to my I485, what I can do to make things better?


I really appreicate your help,

Hardlu
 
I don't think you can be in H4 and claim unemployment benefits. One of the important requirements for UI is that you hold unrestricted employment authorization to work in US. People with EAD, with green card and US citizens have such authorizations. H1 and L1 do not count as UNRESTRICTED employment authorization. Your situation is worse, you have no employment authorization at all since you are in H4. You might get into trouble with the state agency. Which state are you in?
UI claims are not public charge or public assistance and should not have any bearing on your or your husband's I-485 application.
 
Top