UnEmployment Benefit after GC.

I wish nobody needs it in first place and if he does certainly not beyond 6 months

hey any takers for a programmer on C/C++/Unix with different databases like Oracle/Informix :) Willing to relocate anywhere in USA(currently in Chicago), doesn't require sponsorship
 
Unemployment on EAD ?

How is that allowed. They will deny 485 (Employment based or fasmily based) if you avail of Unemployment as long as 485 is pending. Correct me if I am wrong plz.
 
They can not deny if it is family based....If your spouse has got I485 approved then you would get it no doubt at all about it. Hwoever if you are primary applicant and I485 is not apporved then do not apply for it
 
MARRIAGE BASED SPOUSE'S I-485 INTERVIEW

Is there anybody who has filed I-485 for their spouse. Please read this and send your comments if you could.

- I got married in india on 15-August-2001 And Brought my spouse on H4 Visa to US on 20-August-2001

- I have got my I-485 Approval on 30-August-2001
(From Baltimore Office With Interview Process & Got Card also)

- I filed seperate I-485 for my spouse On 04-September-2001 in Vermont Center . Got receipt on 08-September-2001. Finger Prints were done in Baltimore INS.

- Spose's File Transferred to Baltimore INS and Having Interview on 29-October-2002.

Baltimore INS asks both of us to attend this interview with Affidavit of support and federal tax returns for three years.

I am laid off and not havind job .....Will there be a problem for getting spouse's I-485 Approval ?

Bakshi - Please reply,

Rgds,
NIC-I485
 
Last edited by a moderator:
no worries !

Just go there with your tax returns and marraige certificate.
Since you already have got GC so there is no worry about being laid off.
Must keep your marraige certificate, Green card, last pay stub from last employer, and 3 years tax returns.keep your cool there would not be any problem . Let us know about your experience.
Good luck ! Since in our case the dependent spouse's RD is 22nd October so we ares till waiting for our turn.
 
I just realised that since you applied for your wife just 10 days before your approval and I think this why they have got a little suspicious. Once both of you go there everything will be alright.
Good luck once again !
 
NIC-485,

Ur mail appears a bit puzzling to me...........

a)were u approved on 8/30/01 or 02?
b)u filed for ur spouse in 9/01 as dependent? spouse couldn't have done it on her own as she was on H-4 as u said or did she get H1B before filing.

c)Is Baltimore asking for Federal returns of urs or spouse's, I guess urs (assuming spouse filed as dependent and u got approved in '02).
d)If u r laid off but approved in 8/02 and spouse needs to be interviewed, then "purely based on docs. asked for" (aff. of support and Fed returns for 1999-01, she shouldn't have a problem provided,

this is the key here : "u were employed in '00-01 for periods long enough to have salary equal or more than as specified in ur Labor Filing".


I must say, I still don't have clear picture of ur case but my suggestion in d) is based on some assumptions I made about ur/spouse case in c)
 
Since you applied for your wife after your approval so the spouse Green Card may be conditional for two years and you may have to reapply for waiving that condition 3months before your 2nd marraige anninversay. I wish you could marry a couple of months earlier :) Still there is nothing to worry......I think interview was definitely expected since you applied just after your marraige and this is pretty normal so don't worry !
Good luck
 
dma_va,

Please see the dates below:

Go Married in india on :15-August-2001
Brought spouse on H4 Visa to US on :20-August-2001
My I-485 Approved on :30-August-2001
(From Baltimore Office With Interview Process & Got Card also)

I filed seperate I-485 for my spouse On :04-September-2001 in VC.

Got Spouse receipt on :08-September-2001. Spouse's Finger Prints were done in Baltimore INS - Spose's File Transferred to Baltimore INS AND
Having Interview on :29-October-2002.


Rgds,
NIC-I485
 
Last edited by a moderator:
nic_485,

Thanks for confirming the dates.


In my opinion, u should show only the docs. asked for by Baltimore. I won't show them my last paystub etc., if not asked for.
 
Bakshi,

Thank you very much for your reply. I am out of job since 4 Months and presently getting unemployment. In interview letter they are asking for Affidavit OF Support (I-864 form) with last year three federal tax returns IF NOT FILED at the time of filing of I-485 form. I have already included thos docs.

If they are asking for current employment then what to say ???
Will they come to know about UI benefits ???

I am very sure when they will see file then they will ask for my employment but not sure how to handle this situation ..

If i will say that i am uneployeed then will they reject it...OR they will calculate my this year earning and compare with (125% povert of line income ie $14,925.00

Not sure how to tackle this situation ???

Please reply this message ...
 
Originally posted by bakshi
I wish nobody needs it in first place and if he does certainly not beyond 6 months

hey any takers for a programmer on C/C++/Unix with different databases like Oracle/Informix :) Willing to relocate anywhere in USA(currently in Chicago), doesn't require sponsorship
Bakshi, I hope you found a job by now. Don't know if you are interested in doing small, odd projects. However, thought, I would share this website with you. Couple of my friends are doing projects from here and you may find it useful... helpful.
www.ITmoonlighter.com. Best luck.
 
Originally posted by bakshi
Unemployment insurance does come out of last employer. It is paid by govt but govt collects this money from last employer . I am 100 percent sure about that.

CORBA is once again controlled by a nodal agency. The employer has to inform this agency and this agency, which is basically a health insurance compnay, sends you a form to fill out asking you if you are interested in CORBA or not. This is what exactly I was told by my employer and I may be incorrect but I am absolutely surer about unemployment insurance.

Don't know about Unemployment benefits. But...

COBRA stands for Consolidated OmniBus Reconcilation Act. It is a law/regulation. Under this law every employer is supposed to offer the medical insurance to the employee and their dependents upon his/her termination from the company. There are few qualifying events for COBRA. Like Employee termination, Divorce (in this case COBRA applies to the Spouse) etc... Under this an employee and/or dependents are given an option to continue with the benefits offered by the company. However, the employee have to pay for the total cost of the benefits - Company will not contribute(unless you have them on a leash :) ). The former employee or the dependents thereof has a pre-set number of days to respond for a coverage. If they do not reply to the company then it is understood that they waived their COBRA rights. There is also a maximum number of months one can be covered under COBRA. Further the company may charge a nominal premium for administration of COBRA benefits.

The law was put into effect for people to have a coverage when they are in-between jobs or have not yet met the eligibility period at the new company.

That's the law and normally most companies opt to administer this through a 3rd party or the Insurance company directly (this could be the 'nodal agency'???) as there are govt. complaince issues and reports.

Hope that helps...
 
NIC-i485

the dates that you have given..........
****************
My I-485 Approved on :30-August-2001
(From Baltimore Office With Interview Process & Got Card also)

I filed seperate I-485 for my spouse On :04-September-2001 in VC.

****************

is the coz of your wife getting called for interview........
You have applied for your wife's I-485...."after" your I-485 approval.......and that's what has raised a flag at the INS..........

Pl. read murty.com chat transcripts........

Didn't mean to scare you.....but neither did I want to mislead you by saying "you should be fine"..........be cautious so that you are prepared for the answers.

Goodluck......

I REALLY WISH ................I AM WRONG.......
 
Need advice on filling an UI benefits under these circumstances

After a month since my GC was approved (thru CP process), my company is being bought out. Since, the deal is only asset-acquisition type of deal, the current company is terminating every one. My questions:

1. Is it safe for me to collect unemployment insurance benefits now considering I just got my GC (The plastic card was received last week)? Or Should I wait a little bit longer to file my claim(say in Nov or Dec)?

2. If I file my claim, will INS revoke my GC status?

3. I need to travel overseas for less than a month in Nov' 02, can the INS officers at the POE deny my entry to the US (assuming that they know that I'm not working for my employer and/or collecting unemployment insurance benefits)?

Please advice.

Thanks.
 
Re: mr tryit1 & priyagc--correction

Originally posted by bakshi
Unemployment insurance does come out of last employer. It is paid by govt but govt collects this money from last employer . I am 100 percent sure about that.


I beg to differ . There is no reason why the last employer/ employers has to keep paying the person they laid off !. I am sure that it's coming from public funds.

Originally posted by bakshi
CORBA is once again controlled by a nodal agency. The employer has to inform this agency and this agency, which is basically a health insurance compnay, sends you a form to fill out asking you if you are interested in CORBA or not. This is what exactly I was told by my employer and I may be incorrect but I am absolutely surer about unemployment insurance..

COBRA is just a piece of legislation, that defines what happens
in regards to health insurance when an employee loses his/her job.
 
mr tryit

you are misinformed. This is a capitalistic society and USA is not a welfare govt. Be it medicare, social security or unemployment insurance nothing comes from public fund. As I have specified You get unemployment insurance only if you are laid off meaning the employer failed to keep you till the promised period of employment and if the employer has not gone bankrupt then he has to pay a specified amount of money(not for ever) as unemployment insurance not directly to employee but to unemployment insurance agency.



As regards to CORBA once again my friend your employer informs to one insurance compnay(this is a fixed insurance company or the nodal agency that I mentioned) cedrtifying that you were insured thru them and if you want you can take the CORBA from this company without a break in your health insurance or you can find a new insurance company on your own or if you want you can remain uninsured.


You can differ if you want I am not an authority but all these views are based on my talks with my lawyer, last employer and unemployment insurance agency, my research on internet and if they were wrong then this piece of information may be wrong
 
Bakshi

If you are the principal appliant, are laid off <180 days after filing I-485, have your EAD, and are looking for a new job, is it OK to file for UI benefits? Do you know of anybody who actually received UI benefits before the I-485 was approved, and subsequently got his/her green card without problem?
 
No I don't know of anyone , primary applicant , applying for Unemployment benefits. For that matter, I don't know even any dependent applying for this except me. However my lawyer advised me to stay away from these things even if mine was dependent case and my spouse was already approved so I withdrew my application well before getting my first check and I got a new employment too in the meantime.

You please stay away from these till you get your GC
 
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