unemployee benifit with EAD

C

casttree

Registered Users (C)
If I am layoffed with EAD, can I apply unemployee benifit?

Also I still apply green card, since my I-485 passed 180 days, will the unemployee benifit affect my GC application?

Thanks,
 
AC21 protects you from geting your 485 deneid after 180 days if you quit your job from the original 140 petitioner, but only if the other job has the same title or same job description.
I am sure that if you start collecting un-employment benefits then the adjudicator will question why do you need GC if you don't have a job.

You should talk to a lawyer regarding this.
 
I have just learned from other threads and from the messages of more experienced users that even though AC21 allows you to change jobs after 180 days, some cases have been denied

this scares me to, because had kept AC21 as a back up just in case i loose my job
 
"If I am layoff with EAD, can I apply unemployed benefit?"
-- NO as you are not GC holder or Citizen, don’t create problems for your GC, try to find job
 
Originally posted by ginnu
NO as you are not GC holder or Citizen, don’t create problems for your GC, try to find job
Click to expand...

That is incorrect. If you have an EAD, you are eligible to get UI. Collecting UI does not meet the public charge definition.

If you have no job at ajudication and BCIS finds out, you will not get a GC, UI or no UI. If you have a job at ajudication, the fact that you once collected UI is irrelevant.

The question may be raised that collecting UI may alert BCIS, but given the abysmal communication between state agencies and the federal government, the odds are very, very low. BCIS seems to be sending out almost blanket employment verification RFEs these days, so I'd collect the money.
 
TheRealCanadian:

“If you have an EAD, you are eligible to get UI. Collecting UI does not meet the public charge definition.”

--- Please post the link to law that supports your opinion
 
Thanks for the info

I still feel that one should not go for unemployee benifit if GC is not approved and still on EAD
 
There is nothing in the law that prevents anyone with EAD from accepting UI. Of course, if you have no job, there is no GC, UI or no UI.
 
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