Jim please help...EAD denial

P

power1289

Registered Users (C)
Hi folks,
i need your advise.

I & my wife applied EAD renewal last month in local office. My I 485 case has been transfered to Chicago on aug 1,2001. RD 3/30/2000. Still i am waiting for GC interview from local office. Now my wife got a letter from local office saying that they denied my wife EAD. here is full text

You have failed to establish eligibilty for employement authorization under 8 CFR 274A.12(A) OR (C)

Accordingly YOUr application for employement authorization has been denied. There is no appel to this decision. This decision is without prejudice to considering of subsequent application filed with INS.

Catch points: My wife worked on EAD ~1 year and got laidoff. She is collecting unemployement benefits. She already own S-corp having 3 H1\'s.

Does this catches create any problem? Does any one know what this section CFR 274..etc). Please give your advise.

Thanks in advance,
 
8 CFR 274A.12(A) OR (C) is INS regulation

It is one of the INS regulations ... pl click on the link below for details.

TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR)/8 CFR PART 274a -- CONTROL OF EMPLOYMENT OF ALIENS/Sec. 274a.12 Classes of aliens authorized to accept employment.
 
I am not sure power1289

but this may be due to the fact that she is collecting unemployement benefits before approval of 485 and hence a public charge.

I think you should spk to your attorney.
 
I am not sure how your wife can claim unemployment benefits without a GC or citizenship

 
 
umemplyment?

One who is not citizen or PR can not collect un-emplymente. However, they can collect disability but not unemployment...
 
No Title

This is bad. It can even affect your 485 processing with the local
 INS. You or your dependent is not eligible for unemployment without
 a PR or citizenship.

 I am curious how they even approved the unemployment.
 
UnEmployment Benif

I know couple of my friends are taking this benif after LayOff, who are on H1 (You can Get till 6 months), It\'s nothing with Fed, It is the State who is giving this money.

It all depends upon whether you and your company has paid tax in that STATE.

Still, I think who has applied GC, should not go for this type money.
 
Please answer - What is the Difference Between

Disability and Employment Benefits ? I am in need of knowing this - please answer.
 
EAD

All,
Thanks for your mail. You know unemployement is an insurance. not a public charge. employer will pay when you are job. it will come only for 6 months. how come you canot eligible for an insurance(such as car insurance). If you are not eligible how come employer will pay on behalf. You know exact situation please pass it to me. any how i will contact lawyer very soon...i know couple of guys got unemployement benefits when they are on EAD(primary candiaadates).
 
sidr, power...I would basically stay away from such...

Unemployemnt is an isurance according to your interpretation, Power, but it is actually a charge.

You know in Canada you cannot take Unemloyment for first 6 mos of becoming a PR, then why here.

Yes the $1800/mo do look good, but one should work in McDonalds on the EAD and earn those $1800 instead of getting it from the govt. Once this loophole is opened, it can effect more scrutiny on others applications, so if you can refrain,
 
can you please post some reference to show unemployement as a charge.

Thanks boss, try to understand. i am trying to gether some info oon unemployement benefits.
 
No Title

Can\'t u guys wait for the GC approval and start a company (looks like, dying to squeez the blood out of H1s)? Collecting unemployment benefits? Another greedy thing. Your greedyness took you to collect unemployment benefits even before getting the GC approval. Looks like, you scrwed up big time. While I don\'t know what those listed numbers indicate about the law, but if INS comes to know that you guys are collecting unemployment benefits before getting GC and that too with a S-corp running with 3 H1s (is it really a unemployment while employing 3 H1 and squeezing blood out of them while you collect unemployment benefits), then you are scrwed, ofcourse, you deserved that.

If one looks at the minimum eligibility conditions for claiming unemployment benefits: US Citizenship or Permanent Resident and should have worked at least 2 quartes in the last one year.
I don\'t understand how a person in waiting to be a permanent residency be eligible for unemployment benefits. EB based GC petition main purpose is that a person has a job and would not become a public charge (at least, this should be the case until GC approval), it includes the both primary and secondary too.

Once you get the GC, you can have change of plans...which might be allowed by law.....but definetly not before you become a permanent resident (including your wife)........

hope for the best....assume that INS didn\'t find this mess...and EAD denial may be due to something else.....

What a idiot you are. You come to US on temporary basis (I mean, H1) to work, then if you loose job...you leave or get another one...because you are a temporary....there is no concept of unemployment for H1 or for people in waiting for GC approval.....

Where did u for applying unemployment benefits? Govt office? Right? Then it is paid by the Govt.....if you are getting the paychecks from the insurance company (like health benefits)... then it is not a public burden.....and I don\'t think there is an insurance company that do this kind of unemployment benefits....either way employer paid or govt paid......IT IS A BURDEN ON THE PUBLIC WHICH YOU SHOULD NOT BE DOING UNLESS YOU ARE US CITIZEN OR A PERMANENT RESIDENT. PERIOD.

Hope for the best...if you get the GC approval...let us all know about it,....
 
letsgetgc

Can you enlighten me how an H1 be eligible for unemployment benefits?
An H1 person should be working and getting paid all the time or should leave the country. That is what meant by a temporary worker (H1). It is as simple as that. If you are in H1 status, Either you work (ofcourse, should get paid) or leave the country . PERIOD.

Ofcourse, there will always be some greedy ones and manipulate the liberal US govt rules (or find the loop holes). It will continue until they fount about these stupid things. Then there will be the first victims like the power1234 guy...then people will stop doing this...

it happened with the fake degrees and fake experience some time ago...US Govt found about those cheap things.......Now they scrutinize all the H1 applications for FRAUD.... whoever do these thing at the very begnining ...survive until somepoint....the other sheep that follow this fraud will end up in cleaning the toilets....
 
INFO

Guys,
I checked with local INs office couple of weeks ago. They got my file onmarch 14th, eeven vermont tranfered my case on aug 1,2001. Still no idea whether they got my wife\'s file or not? because EAD apllication shows a list of eligibilty\'s. we come under c(9) means I 485 pending. If they find no I 485 pending that will also cause EAD denial.Any how i will consult attorney very soon. Still i am in confusion if there is no appeal process how come lawyer will contact INS on my case. Guys if you know any similar cases please please let me know. other wise i will wait till tomorrow.
 
Power..this is straight from the NJ Unemployment Insurance Handbook

You fall in Point # 5, and that is a FRAUD you had done. Make sure you have a lawyer as:

1. You risk giving back all the money the state gave you:
2. Your I-485 is in problem. It will be interesting to note that if your I-485 is approved
__________________________________________________________________

Reasons for ineligibility are:

(1) Failure to demonstrate availability to work.
(2) Failure to make an active search for work when required by the Division.
(3) Unable to work. (See Chapter II, Section 6, on Temporary Disability Insurance.)
(4) Failure to report to the local unemployment office or employment service office, as directed by the
Division.
(5) Any individual who is an officer of a corporation, or who has more than a 5 percent equitable or debt interest
in the corporation, and who has base year wages with the corporation will not be considered “unemployed” in any week during the individual’s term of office or ownership in the corporation. The claim will be invalid and the individual will be ineligible for benefits. Such individuals may qualify for benefits if their corporations have permanently ceased operations.
 
How the hell is that possible?

It is then fraud. H1\'s are NOT eligible for un-employment; the very fact that they are taking un-employment broadcasts that they are out of a job and are staying here illegally. It may bring serious consequences from the INS!
 
Your I-485 is going to be a problem. U will hae tough time getting your I-485 approved. You cannot c

Better hire a good lawyer.
 
YAMA1

It depends upon state to state, This is not state\'s or Feds money and they are giving from their pocket, When you work in that state your employer also contribute some money to state and from that money they are paying you. (That\'s what they say...)

I came to know about this, couple of months back, through some frieds but not telling anyone, because if every laid Off H1 guys starts taking money then it\'s problem for the guys who\'ll come later.

I\'ll not prefer to take this money till i get my GC, it\'s anytime risky just for couple of hundreds $$$.....

I dont think power is going to understand this, I have read his last comment and he\'s still running after FREEEEEEEE money....
 
No Title

I think the replies to the basic question of power1289 is more of persecutorial tone rather than helping him.

Second thing, he asked question for his wife( and I assume that she is not primary applicant of I-485).

Power 1289,

I am assuming that you are the primary applicant.
I don\'t see any problem in your green card.

I am not sure whether one can claim unemployment benefits when one is in EAD or not. I think you people has ventured into some gray areas.

  For me, your argument of insurance (like car insurance) does not seem to be convincing. The reason is:
   You are not paying any premium for that. Nor it is unlike medical insurance which most employers for their employees. In the case of medical insurance the beneficiary is identified and the employer has the option of not paying. My understanding is that this is the mandatory tax which employer pays to the Govt. for hiring a worker(not against an individual or group like employees of this company etc).

And I feel that jeopardizes your wife case as because your Affidavit of Support(Form I-134) has no meaning even before green card itself.

But are you sure that this is reason for rejecting EAD...because letter is not saying that.
Moreover the letter says that :
This decision is without prejudice to considering of subsequent application filed with INS.

The above statement indicates that your wife\'s 485 petition is considered without taking this consideration. But may be you have to hire a better lawyer whether the same grounds of rejection may be applied to 485.

thanks,
raju
 
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