TN Status & California Work Share

smartgroup

Registered Users (C)
Hi all,

I've been reading the forums and search around the net but can't seem to find the exact situation like mine. I am on TN and my company is cutting back few working days here and there. The US employees are using the work share below to claim unemployment benefits for the missing days. I am wondering if anyone out there on TN status using this program? or if you have a suggestion if I should use or not use this program that would be great.

official CA work share program
edd.ca.gov/Unemployment/Work_Sharing_Claims.htm

Thx in advance
 
I'll attack this from two angles, just to cover all the bases:

1. As a TN (as opposed to an H1-B), while you describe your job and remunerartion as part of your petition, your employer --unlike H1 -- is not obliged to pay you that wage continually. So, from the aspect of TN, this program, and the fct that you are no longer working full-time (when your TN petition may have stated this) is not a problem. Your TN is still valid, without any modifications required.

2. All temporary foreign workers (TN, H1, OPT, etc) are ineligible for any state UI following a layoff, under the dictum that you are not immediately available for work (this has been decided severl times in several states) even if you could get new TN in a matter of hours, so, if this were a 'pure' lay-off, you would be ineligible without first returning permanently to canada to collect.
From the general UI website:
Can individuals who are not U.S. citizens collect UI benefits?

To collect UI benefits aliens must establish that they were in satisfactory immigration status and authorized to work in the United States when earning the wages used to establish their claim. In addition, the claimant must provide proof that they remain in satisfactory immigration status and are authorized to work each week that benefits are claimed. EDD verifies immigration status and work authorization through an electronic system maintained by the Immigration and Naturalization Service.

This would clearly indicate tha tyou could not collect 'regular' UI, since your TN would no longer be valid after a lay-off.


3. As to this specific program, you would need to look at the wording as to whether collecting UI for the missing days is predicated on looking for other work. If this is the case, then you are probably going to be denied. In fact, there may even be specific wording in the program regs that prohibits you getting UI thru this program.

From the program website:
Employees approved to participate in the program must meet regular Unemployment Insurance claim filing requirements.

Based on this, the fact that your TN remains valid and active for this employer, you should be eligible. The only possible exclusion I can see is if you are required to look for work in the interim (which does not seem likely, given it is a reduction in hours, not a layoff).

Based on the above, I would be filing a claim along with your co-workers.
 
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Drawback?

Thx for your quick feedbacks. This forum has so much good info for me to browse around. Today could be my work share day to be be claimed. Is there any drawbacks if this program denies me? I can't think of anything other than my time and effort but would like to throw this questions out there. The application form does ask about resident status and there is one box for I-94.

Thx much again.
 
Other than the $90/day that you won't collect....
Ok, I mentioned time & effort but forgot about the money. I read another thread which has your link to grasmick about the advantages of green card. I will read more so we can look into this because it looks like we will be in the US for a long time. For now, do you think claiming the CA Work Share has anything to do with our future if we later decide to change our status toward green card?

Thank you.
 
I don't know what you are getting at. Are you thinking that this UI would somehow disqualify you from getting GC? It won't. It's not welfare.
 
I don't know what you are getting at. Are you thinking that this UI would somehow disqualify you from getting GC? It won't. It's not welfare.
Hope not, maybe I am over cautious when dealing with government agencies. I had some minor unpleasant surprises when I applied for TN before. Anyways, I appreciated your inputs very much. I already submitted my application for this program. It probably will take a while but I will update this thread so others can learn from this program.

Have a great day.
 
It works

I got my check and it works with California Work Share when you are on TN. I hope this info helps others.

Thx
 
Tn renew regarding shared work plan.

Thanks smartgroup to give us very useful feedback about unemployment benefit application. I am in the same boat as smartgroup.
I have another issue about TN renew. My company will start shared work plan from this week. At the same time, I will renew my TN in three weeks. Does it affect my TN renew? I wonder whether the border will have this info(application for the unemployment benefit) when I renew my TN there because I need to provide my visa info that would be verified with immigration and natualization service in the application form of unemployment benefit. I greatly appreciate any info.
 
Thanks smartgroup to give us very useful feedback about unemployment benefit application. I am in the same boat as smartgroup.
I have another issue about TN renew. My company will start shared work plan from this week. At the same time, I will renew my TN in three weeks. Does it affect my TN renew? I wonder whether the border will have this info(application for the unemployment benefit) when I renew my TN there because I need to provide my visa info that would be verified with immigration and natualization service in the application form of unemployment benefit. I greatly appreciate any info.
I am glad this helps you. I am a newbie too and I'm glad I found this forum it is so useful for me. I don't know the true answer to your question but if possible renew your TN first and send that application as late as possible.
 
thank you!

I am so glad that i find this forum. I have been researching for months if a TN holder could claim reduction of hours insurance. The company for which i work for cut off some hours since last year and everybody in the office has been claiming this insurance except for me. I was afraid that this could affect my status or have future problems if applying for a green card! But this has helped me a lot!!! thank you very very much!
 
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