Is Hi-B non-immigrant worker

P

pselvaraj

Registered Users (C)
I am a H1-B non immigrant worker & I have been working states for the past 4 yrs. Now , My company is under closed for one week shutdown due to economic reasons. During this one week I will no getting any salary from my employer.

Am I eligible to apply for unemployment benifit during this one week shutdown period?

Thanks

Pugal
 
No

An H1 B worker cannot claim unemployment benefit.
Try to get another job, that's the only way , my friend.
 
yes! "Oh God" it is!!!

dude this is very serious.. since your status is that of H1-B i.e. temporary worker when you are laid off/not getting paid/benched it has certain ramifications which might jeopardize your status here in the US.. Look for another job (if your company won't come back from the dead).

Legally you are only in status for 10 days (repeat 10 days) after lay-off (if it is a lay-off i don't know if that is what has happened)..

whatever you decide to do, Unemployment is NOT FOR YOU!!! at least not before you get your green card

Originally posted by pselvaraj
I am a H1-B non immigrant worker & I have been working states for the past 4 yrs. Now , My company is under closed for one week shutdown due to economic reasons. During this one week I will no getting any salary from my employer.

Am I eligible to apply for unemployment benifit during this one week shutdown period?

Thanks

Pugal
Click to expand...
 
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He is working past 4years here. He doesn't know about it.
I may be wrong....but it is very silly question.
 
Pselvraj,

I didn't mean to sound that u r not entitled to ask whatever comes to ur mind on this forum. But somehow, my impulsive reaction to ur mail's contents overtook my empathy for ur situation. I apologize.

My suggestion is: This forum has plethora of threads and info. under most immigrant/non-immigrant related topics. If only u spend some time to reach the proper forum and read and then ask, that'd be to ur immense benefit.
 
pselvaraj

No way u can apply for unemployment. In ur message they said they are shutting down for a week. So that means that u were not laidoff nor unemployed. But u didn't get paid.

As for as I know if u r the only one who didn't get paid during that period then its a problem. But if that was the company policy, and everybody in the company didn't get paid. I think then u r OK, I guess.

And regarding the 10 days rule everybody talks abt, there is no hard and fast rule that its 10 days. But if u r on a H1B visa, and u loose ur job and ur H1B is still valid, in that case ur status is "Out of Status" but u r not an illegal resident.

I am not a lawyer, I heard these things from the lawyers and other forums.

HTH
Sudhi
 
Honestly, pselvaraj should thank his company for taking this route (a week of unpaid vacation) instead of laying some more percentage of employees (which could have hit pselvaraj himself). About 60 employees would save an employee from being paid a year's salary (an approximate figure).

pselvaraj: Ask youself, are you unemployed during this week? I don't think so, just forced vacation but unpaid. How can you claim the benefits then?
 
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Rajiv,

U can add more whys with not a satisfactory answer to these like:

why no social security/medicare refund when leaving USA in H1B/GC status etc.
 
Hi friends !

Its been an interesting experience to be a part of this forum.. I am sooo happy & thrilled to receive various kinds of coments .

starting from people who doen't know anything but pretend to show off knowing.......from the people who seriouly looked into the issue try to share thier knowledge with others.. All the replies were interesting.

Just u all to know, I took this issue to the top officials of employment commission. Even they don't have the answer.. They are sure that GC 's are eligible to claim. But they are not sure about Hi-B's. . They are on the opinion that Hi- also eligible. And,They are checking on it . When I get their reply I will share with u all.

Thanks
Pugal
 
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