Jim please help...EAD denial

Thanks Raju

Thanks raju, really i appreciate your words. Any how i am going to hire a lawyer. probably everything will be o.k.
Thanks for your support
 
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First thing I like to say is to consult a lawyer right away since the case potentially could be very complicated. At this time, in terms of denial of EAD, my speculation is that it has noting to do with Unemployment benefits. More possible cause, you already mentioned, could be due to more innocent reasons such as missing records. However if INS choose to do a little bit more investigation during judication of your AOS, the case could be very interesting. Unemployment regulation differs from state to state. Generally, if your wife is dependent, claiming unemployment benefit during AOS is not big problem assuming you meet all state regulation requirements. I agreed with people it is better not to claim it. In many states, state government will submit umemployment benefits information to the INS. Another potential problem not mentioned, is that the S corp and 3 h1s. Since you mentioned the corp has no income, have the corp. provided continous employment and paid prevailing wages (plus social security taxes etc.) to the three employees and government? So talk to a GOOD lawyer now. I wish you and your wife best luck
 
Guys Believe or Not - This is what I heard from my Lawyer.

Pregnancy Disability is not a Fraud. It is given only for 6 weeks / some limited amount based on what you paid while you are in job and also based on the certification of a doctor. Disability - "unable to work due to reasons out of your control" - does not mean - Un employment. Un employment is - you are able to work and no job. Disability means, you have a job but cannot work. He said it is perfectly ok and legal.
 
Please read this one message.

The article given by abci is really helpful. Here is one sentence out of that article.

Also, earned cash benefits like Social Security and Unemployment Insurance are not considered cash assistance for income maintenance.

Guys, I have seen many people talking differently about people who have taken benefits. But my message is, if you are entitled to something legally, there is nothing wrong in taking it. Assertiveness is different from Aggressiveness. If one believes in his education and knowledge, he will do the right things. Just becoz someone is weak enough not to know their rights and social structure of a society, they should not blame others. Also, we need not behave like slaves inorder to get a GC. So, know your rights, know the rules of the game and play smart - of course, only then your will survive. Otherwise, even GC cannot help anyone live any better.Now you are slave for getting GC, afterwards you will be a slave for getting citizenship, then you will be a slave for your own old age .. life will be gone with the wind. :)) - So, be assertive and believe in yourself and be righteous and be smart. - Goodluck guys.

(I know there are guys who dont like to admit their mistakes. So, for them I want to tell explicitly that I do not intend to hurt anyone. )
 
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Sidr,
  I tried to read the document, but it is such a lengthy one and I would not have catched it. I appreciate your response. I agree with your opinion that one has to assert about one\'s rights. A note of caveat: we have to conclusively find out whether it is our right or not before exercising it.

I understood today that it is not public charge to claim unemployment benefits. Anyway, I don\'t think you can claim unemployment benefits while you are on H-1. This is some thing like Social Security taxes we pay on H-1..simply pay and you don\'t have any benefits.

   Logically, it seems the secondary applicants(i.e. spouses) can claim unemployment benefits while on EAD. But I do realise that Law is not Mathematics where most of the things does not work the logical way...it has to be in black & white.Otherwise, someone is traversing through gray area. If it is illegal one can saved only based on benefit of doubt, if there are no intentions of fraud. In immigration cases, I started believing in going by the priniciples of Conservatism ( i.e. go by well established norms).

thanks,
raju
 
Rajum, sidr...

I have sent an email to my attorney, let us see what he comes back with.

I am sure that one can take Disability Insurance Payout for 6 weeks in case of Pregnancy, and lot of people do it, whom we know. That is totally acceptable, but also I know, that when one applies for Unemployment Benifits, they check, your stamp of Greencard, or the card itself. I may be wrong.

But let us see what my attorney comes up with. Like Sidr said, if you are within the rules and reg. and do everything in line, then there is no harm in getitng what one is entitled for.

We pay 44% of our salaries in taxes, can\'t we take some part of it, when the dependent is truely un-employed.

Rajum, said a good thing too, that getting unemployment on H-1 is a fraud, as if one is unemployed on an H-1, they have to leave the countyr in 10 days

March2002Tracker
 
After..reading more about it..I think Power may be right

in the following cases taking into factor Point # 2:

1. His wife is getting un-employment not him.
2. The company S-Corp they opened is in his name, not his wife, then she is still eligible (if they allow Unemployment on EADs. As in US they treat both the husband and wife as two separate entites.

Wow, if this is true, then my wife should not be afraid of being laid off in August, as her company will fold, if they do not get funding by Aug, 2002.

This is an awesome discussion, but guys, please consult an attorney before even stepping into anything like this.

March2002Tracker
 
Hi Guys, I double checked my case and got some insight into others

"Unemployment Insurance" - This one is earned credit - That means you will be getting the benefit based on what you paid so far.
Regarding someone who is holding a Corp - An H1 person also can be a partner in a corp - as long as they do not take active part and draw salary from that corp. The shared profit can also be filed in the taxes. So, for a person holding EAD, there should not be a problem with the Corp holding at all.

- Some people may get RFEs but that is because the officer did not understand it. We can be ready with the right answers. That is all. Probably a 2 month delay in GC. No problems - No tensions.
 
Here is the answer:

My attorney;s office came back with a vague answer. I am still not satisfied. We will surely find answers from others:

"I\'m not to sure if she can file for unemployment if she gets laid off while she she is employed based on EAD. This will not constitute her becoming a public charge. You make above the poverty guidelines for a household of three. We do not need to submit another affidavit of support."
 
But again.. one small difference - Unemployed H1s should leave within 10 days... But disabled need n

If our manager asks us to come back after one month because we are ill. we need not leave the country. But if our H1 holder fires.. then we have to leave the country. But as you reiterated, disability due to pregnancy will be faced by every family on the face of earth - otherwise nobody will ever be born. :)).

THank you for writing to your lawyer. I am eager to know what he says.

Regards,
 
Here is the answer #2:

Here is the other email they sent: They are asking us to be safe and not apply in my wife\'s case:

"As far as the unemployment goes, there really isn\'t anything for you to worry about. There is no need for your wife to apply for unemployment if she were to get laid off. I would suggest that you don\'t apply for unemployment while your I-485 application is pending."
 
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This is turning out a good and useful discussion.
Till now, it seems that no one has conclusively told that it is legal or illegal to file unemployment while on EAD for spouse.

Hoping to hear some conclusive opinion.

-raju
 
See the case is clear but we are not zeroing-in on the right point.

Unemployment benefit while on H1 after getting LAID OFF - Illegal because, the moment you are laid off you should go back. Even my six months old son can tell this.
Unemployment benefit while on H1 and disabled - having paid Unemployment Insurance and still having valid H1 status - Talk about this, this one is the one turning our heads grey.
 
good news guys...my wife got the EAD

Guys,

  WE went to chicago office and enquired about my wife EAD. EAD issuing person called I 485 filing section and asked I 485 status. they said my wife I 485 was denied. I asked why my wife I 485 got denied. Then again EAD person called I 485 section and told them send the physical files to the EAD section. and again she(EAD person) given appointment at 3 p.m to check I 485 file why my wife case got denied.
Also i checked my case status(i-485). It is in interviwing list(expect interview at any time). We againg went back at 3p.m Still I 485 guys didnot send any files. She called again(2 times). Finally she frustrated and called I 485 supervisor. He was also try to search file(first time he said file was missing second time the file was in wrong place and also given permission to EAD section issue a new EAD to wife. finally we got EAD(one more year extension). EAD person told me that she will get my wife file tomorrow and combine with my file.
I really donot know what went wrong in INS offcie?

I talked to 2 lawyers reg unemployement. one lawyer said it is o.k to get unemployement but second lawyer(who iam going to hire) said it is not good to get unemployement and also she commented that INS does not have any connection with state and local fedaral program so it is not problem. My opinion is it is a grey area.
any how i will keep updating on case status(ofcourse i need some sleep now).
 
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Congratulations power1289,
   I think everyone is veering to the point that taking unemployment benefits when on EAD is grey area. I think it is better to avoid that. Going by the discussions, it may not be illegal as none of attorneys told that till now.

      In fact, on the other day, I met one person who processed his green card five years back. He told that he has came to US as a student 9 years back and then set up his own firm and through that he processed his Green card. When we ( it was a personal gathering) argued that it is illegal, he was suprised. In fact, it seems that he asked his attorney at that time whether can he process his green card and the attorney reply was that show me at one place where they restricted.
Moreover, his attorney argument was that until there is no written rule not to allow it, it is assumed that one can do it.
 
 The problem is that INS can deny our 485 application without giving reason. They got discretionary powers unlike consular processing where the consular officer does not have discretionary powers.

Wish you all the best,

thanks,
raju
 
I heard from someone that INS can deport you for claiming Unemployment without GC or citizenship

Unfortunately as it is from third party, I don\'t have details. Here is the summary of the discussion I had with someone a while ago.
  When someone claimed the unemployment benefit from the local office, they informed INS about it and INS officials took them into custody for the deportation proceedings.
   Again, this is not to scare any one. I was also told that the Green Card is for continued employment and when you are claiming for unemployment, it means you are not employed and your I485 is void. In case of dependents the primary applicant actually files affidavit of support along with I485.
 
Hey Guys, I am tired of this discussion and am resigning - this is my last post....

UNEMPLOYMENT - loss of job - Ofcourse Illegal as long as you are not a PR or Citizen (In work visa case)
DISABILITY - unable to go to an existing job -

Guys, I have seen many people at work who reply about something when asked about a totally different thing. I think the same is happening to me again. Bye guys.
 
Rajum, you don\'t have full information. He could have come in as a student, then set up his own com

 
 
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