unemployment benefit

R

reachsky

Registered Users (C)
Hi Gurus,
My I-140 EB1 had been approved and I-485 is pending. We got A number already.
My wife will lose her job soon after almost 6 years of work. 1. I would like to
know whether she can apply unemployment benefit after losing job even though no
green card yet? 2. Does the application of unemployment benefit have to be a
green card holder? 3. Is there any negative impact to I-485 approval if she get
unemployment benefit? Thanks.
 
DO NOT APPLY FOR UNEMPOLYMENT BENEFITS!!!!

This makes you a public charge, and if USCIS finds out, will disqualify you from getting PR status.
 
Hi Tony,
Thanks for the warning. That's a very important reminder. I will not apply unemployment benefits!
Thanks again!
 
If your wife has EAD she can apply for and receive unemployment benefits. It will have NO affect whatsoever on her green card process. Unemployment benefit is not paid by government and is not a public charge. Your wife and her employer have paid premiums into a fund that disburses UI benefits. The benefits are paid from premiums collected from employees and employers, not from taxpayer's money.
Your wife should have unrestricted work authorization in order to collect UI benefits. EAD is one such authorization, so is green card. Unfortunately h1 or L1 do not qualify as "unrestricted work authorization".
 
What is the consequence?

When I got laid off, I applied UI and received it. I was H1B holder at that time. I consulted attorneys and the office staff, whether I am eligible for it, they are said it will be OK.

Right now, I wish I did not do that. I worried so much. After all, it is not too much money. Have you guys even heard H1B receiving UI got problem with green card?

Thanks
 
nkm-oct23 said:
If your wife has EAD she can apply for and receive unemployment benefits. It will have NO affect whatsoever on her green card process. Unemployment benefit is not paid by government and is not a public charge. Your wife and her employer have paid premiums into a fund that disburses UI benefits. The benefits are paid from premiums collected from employees and employers, not from taxpayer's money.
Your wife should have unrestricted work authorization in order to collect UI benefits. EAD is one such authorization, so is green card. Unfortunately h1 or L1 do not qualify as "unrestricted work authorization".
Click to expand...

Thank you very much nkm-oct23! Yes. My wife does have EAD card.
Is there any time frame that she still can apply UI? We probably will be able to get I-485 after 8 months later. Can she apply UI after Dec. 2005? Thanks again!
 
She should apply as soon as she loses her job. She has to be laid off/terminated for no cause/fault of hers for her to receive UI benefits.
 
nkm-oct23 said:
She should apply as soon as she loses her job. She has to be laid off/terminated for no cause/fault of hers for her to receive UI benefits.
Click to expand...
Thank you very much for your advise!!
 
xiaoyun said:
When I got laid off, I applied UI and received it. I was H1B holder at that time. I consulted attorneys and the office staff, whether I am eligible for it, they are said it will be OK.

Right now, I wish I did not do that. I worried so much. After all, it is not too much money. Have you guys even heard H1B receiving UI got problem with green card?

Thanks
Click to expand...

http://web.ask.com/redir?u=http://t...ttp://myjeeves.ask.com/action/snip&Complete=1

xiaoyun,
Don't know if you can click the above link. Based on that, nkm-oct23 is right. UI should not be a public charge. Don't worry too much. reachsky
 
Last edited by a moderator:
xiaoyun said:
When I got laid off, I applied UI and received it. I was H1B holder at that time. I consulted attorneys and the office staff, whether I am eligible for it, they are said it will be OK.

Right now, I wish I did not do that. I worried so much. After all, it is not too much money. Have you guys even heard H1B receiving UI got problem with green card?

Thanks
Click to expand...
See this link and search "unemployment" in the article, you will get the information.
http://web.ask.com/redir?u=http://t...ttp://myjeeves.ask.com/action/snip&Complete=1
 
Thanks, reachsky!

There is a lot of discussions on the immigraiton forums on this issue. Most people said, H1B are not eligiable for UI. In fact, the status of the H1B holder aleady lost once got laid off. Fortuntly I got a job offer within 2 months and H1B transfer successfully approved. The UI is still a nightmare for me. I am so worried if questioned by INS because I could not answer this: Application of H1B transfer means I had a legal and active H1 B status then how come for UI?
I guess it does not help to worry.
Thank you so much!
 
You shouldn't worry at all. The above link clearly says that (just search for the word "unemployment"):

"Cash payments other than for income, such as payments for "special
purposes," do not count as "public cash assistance for income maintenance."
Examples of cash payments for special purposes include earmarked payments,
such as Social Security and unemployment, do not count and are irrelevant
to the public charge inquiry. "
 
Hi Guys,

Just curious from your discussion, how much exactly is Unemployment benefit, I meant is it calculated on the basis of how much was the salary before getting laid off/terminated?...

Would appreciate if you can post that as % of the salary received each month or per annum basis!
 
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