Losing Job after filing I-485

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Want GC Soon

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Gurus,
Can anyone let me know if there would be a problem for a person(along with his wife) who has filed GC in Oregon and who have got their EADs. After I-140 approval both lost jobs and couldnt find jobs for one year in Oregon.

They had purchased a home and claimed unemployment benefits for one full year and still their I485 case is pending with INS.

If by any chance if INS comes to know that they were jobless for more than 1 year would it affect their I485 approval.

Suggestions welcome..

Want GC Soon :)
 
How can u clain unemployment benefits on pending AOS status? I thought only Citizens or GC holders could avail that...


Want GC Soon said:
Gurus,
Can anyone let me know if there would be a problem for a person(along with his wife) who has filed GC in Oregon and who have got their EADs. After I-140 approval both lost jobs and couldnt find jobs for one year in Oregon.

They had purchased a home and claimed unemployment benefits for one full year and still their I485 case is pending with INS.

If by any chance if INS comes to know that they were jobless for more than 1 year would it affect their I485 approval.

Suggestions welcome..

Want GC Soon :)
Click to expand...
 
wow !! unemployment benefits

Claiming unemployment benefits while on H1 or AOS for that matter is same as going ahead and telling USCIS, I am sitting jobless with a H1 visa or with a employment based GC.

If one is in AOS through employment based GC and it is for future job, one has to wait out of country till GC is approved. Staying in country and applying for unemployment benefits is kinda unheard off. They are sitting on a 3 to 10 year entry bar now. Atleast this is what my understanding is of H1 and GC process.

What do y'll say ?

will_get_there
 
You can claim UI as long as you are "ready and able to work". As long as Want GC Soon (and presumably his wife) has a pending I-485 and a valid EAD he can work anywhere and collect UI to the extent that he qualifies for this. What happens to a lot of people who are laid off is that they are no longer "ready and able to work" because they were on a visa which is tied to the job (e.g. H1) which means they fail to meet that criteria.

Accepting UI *should* be ok as far as getting the GC goes according to *most* information that I've seen on this. That said, some lawyers advise against due to the need to show that you won't be "a burden to the state". But others counter that UI is simply employer supported insurance and that there should be no reason not to collect this if you are elligible.

This all said, for the I-485 to be approved, Want GC Soon will need to have a new sponsor lined up before it gets adjucated. This "future" job will have to match the one for which the GC process was originally started and you would possibly have to invoke AC-21 if/when an RFE is generated.

What you did once the I-140 was approved shouldn't matter as long as you get / have a suitable new sponsor before the I-485 gets processed.

ETA
 
I don't think so...

will_get_there said:
Claiming unemployment benefits while on H1 or AOS for that matter is same as going ahead and telling USCIS, I am sitting jobless with a H1 visa or with a employment based GC.

If one is in AOS through employment based GC and it is for future job, one has to wait out of country till GC is approved. Staying in country and applying for unemployment benefits is kinda unheard off. They are sitting on a 3 to 10 year entry bar now. Atleast this is what my understanding is of H1 and GC process.

What do y'll say ?

will_get_there
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Afaik this isn't correct if you are in AOS. AOS is a valid status in and of itself. You can stay in the US or not (as long as you have AP or another visa to reenter the US). With a valid EAD you can work / not work, you can clean urinals at KFC or work at Sea World and collect UI (with the aforementioned caveat) to the extent that you qualify for UI (based on income prior to being layed off etc.).

If you are on an H visa when you are laid off and have no back up status (haven't filed for AOS), then, yes, you are SOL and either have to get a new job asap (and transfer the H) or leave the US. In this scenario I believe you could collect UI in your country of origin if you qualify there, once you are resident there.

ETA
 
Want GC Soon that is perfectly legal, but I think your friend and his wife pushed it too far. 1 year!!! :eek:

P.S. Is it 6 month by each? I think you cannot get more than 6 months in one go - am I right?
 
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UI is 9 months

Yup, Jharkhandi is right...in year 2002 it was only 6 months which was extended to 9 months by congress in 93.... so howcome 1 year UI claim ??

Also UI claim without GC is going to matter when they apply for citizenship later on.

will_get_there
 
Hello all,
Thanks for your inputs. I am not the person involved in this crap. One of my friend and his wife in Oregon, both lost jobs and they have bought a house for $200K and they got unemployment insurance(dont know if they got it through their employer or through EAD), got $400 each so a total of $800/week and lived happily for one year paying mortage, maintaining their Honda Sport Utility and now after one year, he has got a job which is totally different from that stated in LC. I485 is pending for more than 1 yr and 10 months in Nebraska SC.

His wife was working at Tax Filing Office and got minimum wages.

Are they out of status or if INS finds that they have been claiming insurance now itself without being Permanent Residents and being a burden to USA.

Thanks

Want GC Soon :)
 
There are some big discussions on getting UI in earlier threads. Matter of fact is since we have not seen any one testing this waters of getting UI with pending AOS status. Sheela Murthy was of the opinion that getting benefit from the government is going to create some problems. On the other hand if the UI is based upon the private insurance it is OK. I do not how UI system works in different states.

CIS officer may raise the questions at the time of interview. In case W2 related RFE also they may have the problem as you will get separate W2 for UI
 
The biggest issue would seem to be that the guy's current job differs from that stated in the original LC. If we wants the I-485, he'll need to find a sponsor for a matching job, otherwise, time to start anew (with new LC etc.) if the current employer is willing to sponsor him.

ETA
 
That guy is really cool. There are lot of guys from the same company who are doing that. The name of the company is Pacific Crest Technology, Tualatin, Oregon that is a black listed company hiring all philipinos.

Are all in trouble at this point. He is still working on EAD with the new company and his company Pacific Crest said that they are still processing GC at their expense.

Want GC Soon :)
 
UI is not public burden

INS had issued a memo clarifying the Public Burden issuse back in 1992(?). UI is explicitly stated as not one of them. I agree AOS is valid status in itself for staying in US, and the elegibility for UI is "able and available", which can be satisfied by your EAD.
 
Want GC Soon said:
Are all in trouble at this point. He is still working on EAD with the new company and his company Pacific Crest said that they are still processing GC at their expense.

Want GC Soon :)
Click to expand...

Sounds very fishy to me. Unless they redid the LC (or if they think the job matches the original LC closely enough, not just in terms of the duties but als salary etc.) then I don't see how the I-485 could be approved unless the case officer doesn't follow up on the applicant's current / future job.

ETA
 
circa said:
INS had issued a memo clarifying the Public Burden issuse back in 1992(?). UI is explicitly stated as not one of them. I agree AOS is valid status in itself for staying in US, and the elegibility for UI is "able and available", which can be satisfied by your EAD.
Click to expand...

Cool -- I had never heard of this memo (even some lawyers who discussed the UI issue and came to the same conclusion didn't seem to know about this memo).

Do you have a link to the original memo by any chance?

ETA
 
ETA-GC said:
Cool -- I had never heard of this memo (even some lawyers who discussed the UI issue and came to the same conclusion didn't seem to know about this memo).

Do you have a link to the original memo by any chance?

ETA
Click to expand...

Here's the doc I was talking about. Search the file and you'll note "Also, earned cash benefits like Social Security and Unemployment Insurance are not considered cash assistance for income maintenance". UI among many other benefits, will not affect getting GC or citizenship.
 
circa said:
Here's the doc I was talking about. Search the file and you'll note "Also, earned cash benefits like Social Security and Unemployment Insurance are not considered cash assistance for income maintenance". UI among many other benefits, will not affect getting GC or citizenship.
Click to expand...
circa,

Post it in Dedicated Thread for Imp info/FAQs. It is worth it.
 
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