In pending AOS from TN via Marriage to USC...Unemployment on EAD?

[ladybug2010]

Hi,

I am in pending AOS status through marriage to my wife, who is a USC. We are fairly fair along in the greencard process and have been told we are "in queue for interview scheduling" for the Adjustment of status.

Today, we received notice that my EAD and my Advanced Parole documents were approved and ordered for production.

I am currently still working on my TN. I did NOT include any of my income in my AOS package - my wife is my only sponsor and makes enough to sponsor me.

My questions:

1. My company did a big round of layoffs in March and is about to do another round with announcements two weeks from today. If I am laid off, will I be able to apply for unemployment since I will have my EAD to show that I have work authorization? I meet all of the other requirements for unemployment.

2. If the answer to number 1 is "yes" - will filing or collecting unemployment harm my opportunity to AOS for a greencard? I know that unemployment is NOT considered public charge assistance, and I am not using my income in the financial documents for AOS.

ANY HELP would be much and greatly appreciated!

 

[newacct]

1. Yes. I believe that in most states what is needed is to be "available to work" which means unrestricted work authorization. You have unrestricted work authorization.
2. No. Unemployment is insurance.

 

[nelsona]

newacct is correct. As soon as you get your EAD, you should advise HR of your status change (you are an adjustee) and have them fill a new I-9 for you. You need to do this in any event, but who knows, removing the "burden" of sponsorship from your employer may help save your job.