unemployment benefit ?

jxw

New Member
Hi,

I am in AOS. I filed I485 in Nov. 2001 and the ND is in Dec. 2001. My husband is the primary applicant.

I had been working with H-1B visa as a software engineer. But the company closed last December. I just got my EAD last month and started to look for job again. But as every one knows, it is not that easy to get an interview now. And the mortgage is real heavy on us. So I want to apply for unemployment benefit. I called EDD (Employment Developing Department). It looks like I am eligiable to apply. But the form does ask questions like if you are applying for green card. So I start to worry if getting the unemployment insurance will have some impact on my family\'s gree card. I asked arround, looks like lots of people in AOS and had been laid off did not apply for the benefit. They all said that might jeopardize the green card, even the primary applcant is not the one getting the benefit. But none of them know any one whoes green card had got in trouble becuase of this. And some friends also said this unemploymeny benefit is not public benefit, so it will be OK.
But I am still worry, so any suggestion and any personal experience will be greate.

Thanks!
 
I remember, when I filed I485, the form asked some question about benefit.

I remember, when I filed I485, the form asked some question about benefit. I did fill in No. I don\'t think that it\'s time for
you to apply for unemployment benefit. Maybe no trouble, but if
INS checks your form, you also answered NO. That creates some kind
of trouble no matter what. Get some kind of loan or get some
non technical job first. My classmate did that with green card.

Good luck!
 
I would not recommend applying for unemployment either...

I have heard that the INS will surely come to know that you have done so and this could become a good excuse for them to put your case(most likely...entire family\'s case) on hold. again, this is what i have heard but would still suggest you seek a lawyer\'s opinion.

good luck!

fabolous
 
may not be a good idea.

As Godblessforever suggested it is not good idea to get EDD benefits now. The whole purpose GC of it is to see that u are not a burden on society instead you contribute to this country.

on EDD you can 1200$ a month for 6 months even if you take an odd job you can make approximately 1000$ and take some hardship during this crucial time. Once you have your approval u r free to do what you want.
 
EDD benefits

Thanks for the advice. It looks like that every one feels the same.

Any one has some or know some one has some personal experience with this?
 
But, talking about the burden, I have beening working for years here and the company (or from my salary? ) were paying unemployement insurance to EDD. This is not social security.

Well, I know a green card applicant is not in the position to talk about fairness.
 
unempoyment benefit

My friend in a somewhat similar situation talked to his lawyer about applying for benefits.
Lawyer says "No". It is just a few thousand dollars and you being at the final step of GC ladder don\'t won\'t to damage it in any way.
Just look for a job.
He even said it is not a good idea to get unemployment after getting the GC for some time as It can have an impact on your citizenship application down the road.

Just some advice from a lawyer. Please do your own research and talk to a lawyer for legal advice before taking any decisions
 
UI is not a public charge

I did some search on this whole site, looks like this is not a new problem. Around Apr. 8, in 485 issues with vermont center, "power1289" started a discussion about this. In that group you can find lots of info. There was no solid conclusion. But it seems getting UI when in AOS is leagle. Still this is a grey area you will get different answers from different laywers.
This article from that group is also interesting, serach "unemployment" in it if you don\'t have time to read all.
http://www.cppp.org/products/policypages/91-110/91-110html/PP91.html
 
Hey There is big thread about this. One Guy from Chicago area did this way but his EAD extension got

It is not good.
 
Disability insurance has nothing to do with Govt.

Its not a "public charge". Employer\'s buy these insurance policies from private insurance companies.
 
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