Unemployment benefit question

M

MSD

Registered Users (C)
Hi everybody,
Please give me suggestions regarding getting unemployment benefit.
I got my GC in Feb 03. I changed my employer in May 03. I worked till end of Jun 03 . Now I am out of project. I am thinking to apply for unemployment benefit.
Is it safe to claim unemployment benefit. will it cause any problems related to my GC.
Please advice me. thanks in advance.
MSD
 
please search on this forum and you will get many good
discussions.
Umemployment benefit is actually like insurance and
should not affect your GC or chances of getting citizenship
for you or any dependents.
 
thanks for your reply.
I tried to search but could't find any, will you please the link if here if you find something.
thank you very much.
 
hey raj one question, was suppose to ask u for a long time, for your earlier reply but did not think it is appropriate,
If GC holders, apply for employment benefit then will this not be a problem to others in the queue waiting for years for GC approval. I have seen personally few friends [I don’t want to mention the country also, but it is obvious] have applied Employment benefit while taking vacation and rest, and other family member working at a huge pay...

(please note, my intension is not to hurt anyone. I am in the GC process queue from 1999, got laid off (no pay) and my wife took hard jobs and me sticked & worked with the company without pay for a long time and still survived/surviving.)
 
Last edited by a moderator:
Originally posted by yudhister
hey raj one question, was suppose to ask u for a long time, for your earlier reply but did not think it is appropriate,
If GC holders, apply for employment benefit then will this not be a problem to others in the queue waiting for years for GC approval. I have seen personally few friends [I don’t want to mention the country also, but it is obvious] have applied Employment benefit while taking vacation and rest, and other family member working at a huge pay...

(please note, my intension is not to hurt anyone. I am in the GC process queue from 1999, got laid off (no pay) and my wife took hard jobs and me sticked & worked with the company without pay for a long time and still survived/surviving.)
Click to expand...

You should report any known cases of unemployment benefit fraud. These cheats cause all of us to pay for their criminal lifestyle in the form of more taxes, more insurance premiums, etc. They certainly should not remain your friends.
 
Originally posted by yudhister
hey raj one question, was suppose to ask u for a long time, for your earlier reply but did not think it is appropriate,
If GC holders, apply for employment benefit then will this not be a problem to others in the queue waiting for years for GC approval. I have seen personally few friends [I don’t want to mention the country also, but it is obvious] have applied Employment benefit while taking vacation and rest, and other family member working at a huge pay...

(please note, my intension is not to hurt anyone. I am in the GC process queue from 1999, got laid off (no pay) and my wife took hard jobs and me sticked & worked with the company without pay for a long time and still survived/surviving.)
Click to expand...

Yudhister,
dont make a big deal out of this. How on earth can that be a problem ?
a)Unemployment benefit is not that much to begin with. It varies from 1200 -1800 $ a month depending upon the state.
b) you have to show work experience in last 12 months in that state to collect. And the company will confirm whether your project got over or laid off with a severence pay etc.. If you are laid off due to misconduct, forget unemployment...
c) Once you start getting U Benefit, you have to report every 2 weeks your hrs in search for jobs etc...
d) The benefits are only for 6 months and doesnt come out of any federal fund. The UI is cut from everybody' salary any way....

so relax and dont worry much
;)
 
dont make a big deal out of this. How on earth can that be a problem ?
>Yes, she worked for few months
a)Unemployment benefit is not that much to begin with. It varies from 1200 -1800 $ a month depending upon the state.

b) you have to show work experience in last 12 months in that state to collect. And the company will confirm whether your project got over or laid off with a severence pay etc.. If you are laid off due to misconduct, forget unemployment...
>>>>>12 months not required, i think you should file atleast once tax return but i will find out and get back to you.

c) Once you start getting U Benefit, you have to report every 2 weeks your hrs in search for jobs etc...
>>>>she, she was applying to places where her skills of no use.

d) The benefits are only for 6 months and doesnt come out of any federal fund. The UI is cut from everybody' salary any way....
>>>>> this is ok
 
Raj or experts !!

What happens if you take Unemployment benefits while your 485 is pending. Obviously if you get RFE, you are in soup.., On the other hand does UE benefits in itself trigger RFE or so ? Do U think there is any way INS can sense that the petitioner is taking UE benefits and thereby trigger an RFE for employment .. Is there any official word on this from any source ??

Appreciate your guidance..
 
Re: Raj or experts !!

Originally posted by solicit
What happens if you take Unemployment benefits while your 485 is pending. Obviously if you get RFE, you are in soup.., On the other hand does UE benefits in itself trigger RFE or so ? Do U think there is any way INS can sense that the petitioner is taking UE benefits and thereby trigger an RFE for employment .. Is there any official word on this from any source ??

Appreciate your guidance..
Click to expand...

Yudhister, solicit,

Sorry, yesterday, I didn't check the forum, so the delay in replying this:

Anyway, reg. the questions of taking the Unemployment benefits, I did some research on some of the web sites and came up with the mixed reviews. This attorney processed my green card and I hold the views of my attorney in high regard. I deliberately avoid the name because not sure how this forum rules are in mentioning atterney's names. Anyway, some of the transcripts I found in my attorney's site. Please note, this is only for the reference purpose. Please use it at your own risk.

[Names are removed. Contents not edited]
Q: 180 days have passed after I-485 filing. My wife, the beneficiary in the filing, got laid off recently. Is it safe for her to claim her unemployment benefit without effecting / jeopardizing her AOS? Thank you very much!

Attorney: Many scholars believe that certain types of benefits are employer paid and not a government benefit or subsidy, so should not be counted against the foreign national in denying the I-485 application. Others believe it is safest not to take any form of benefit since it reinforces the notion that the immigrant should not become a "public charge" but should be financially independent in the U.S. Also, it may be helpful to consult a benefits attorney who is more knowledgeable on some of these issues since eligibility for benefits and the impact on the immigration processing may depend on various factors.

Q: I am in the process of changing status. Can I apply for unemployment benefits? Will I get in trouble later when I apply H-1 or PR if I try to apply for unemployment compensation?

Attorney : Yes, a non-immigrant may have a problem in taking unemployment since that could prevent the INS from allowing him/her to be considered not a financial liability on the U.S. After getting the GC, it is not a problem if applying for citizenship.

Q: Would it be prudent to apply for unemployment upon being laid off while still having a valid EAD and awaiting I-485 adjudication?

Attorney: Individuals who are likely to become a "public charge" are not eligible to adjust to status to permanent residence. Unemployment is generally paid for by the employer, as mandatory insurance, and not the government. However, there may be instances where it is not 100% employer supported. Therefore, although it is not absolutely clear that it will cause a problem, or even come to the attention of INS, it is also not 100% clearly safe. In general, it is best to avoid any such issues, unless there is simply no other choice. Eligibility for unemployment compensation is a matter of state law, so it is different state to state.

Q: Hello, I have an Adjustment application pending with VSC. Will taking unemployment benefits (unemployment insurance) after a layoff, have a negative effect on my application?

Attorney: If the insurance is from a gov't-sponsored program then it could be a problem to obtain permanent residency. If it is private insurance with no gov't funding then it may be okay. Most gov't sponsored funds taken by an applicant for GC, could create problems in obtaining the GC, though all money paid into the system will be helpful after you become a GC holder to help you and your family members if certain conditions are fulfilled.
 
Originally posted by yudhister
hey raj one question, was suppose to ask u for a long time, for your earlier reply but did not think it is appropriate,
If GC holders, apply for employment benefit then will this not be a problem to others in the queue waiting for years for GC approval. I have seen personally few friends [I don’t want to mention the country also, but it is obvious] have applied Employment benefit while taking vacation and rest, and other family member working at a huge pay...

(please note, my intension is not to hurt anyone. I am in the GC process queue from 1999, got laid off (no pay) and my wife took hard jobs and me sticked & worked with the company without pay for a long time and still survived/surviving.)
Click to expand...

Yudhister,

Sorry about your situation but hang on there. Your GC approval may be just around the corner.

To answer your doubts regarding the scenario you mentioned:

From what I read from your post, taking unemployment benefits is not that easy. You have to prove that the person is laid off from the company to claim the benefits. Even that person is fired, he/she is not eligible. Only under "special circumstances" they can claim the benefits without being laid off. That circumstances are different for each state, so only the state's website can give us the right information.

Your friends may be eligible for the benefits, if they were laid off from the company. And in most of the states, the benefits are only for six months.

Reg. the people waiting in the queue and applying for the benefits, I have replied in a seperate post in this thread.
 
well i lost my job back in Feb 03 , when i was on disability. My disability was over by June. since then i didn't work. Although it is legal to file UI on EAD in NJ, but I didn't as my lawyer didn't recommend that.

Now i have a desi employer sponsorign me for GC from Oct 1. I have no income/job for Jul-Sep time frame.

Is it ok to get a UI benefits now for july-sep time, as I am on job now?
 
fira,
spend some time talking to the UI dept of NJ. They will give the best answer.

anyway UI is claimed when you are out of job. Even if you are not on a job right now and you file today, youur pay period will start next week onwards and will be valid for 6 months. As soon as you get a job, yourpayment stops.

Since you have the job, cant apply for back dates.
 
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