unemployment benefits based on EAD

T

trinity888

Registered Users (C)
guys,

is it okay to file for unemployment benefits if I already
have my ead?? also the ead is based on my spouse (my spouse is the primary applicant)

will this affect the gc processing?

thanks
 
Originally posted by trinity888
guys,

is it okay to file for unemployment benefits if I already
have my ead?? also the ead is based on my spouse (my spouse is the primary applicant)

will this affect the gc processing?

thanks
Click to expand...

For how long were you employed?
 
Did you file I-485 as a dependent of your husband/wife? In that case he/she must have signed a sponsorship document to INS for you. If you apply for unemployment benefit then it might raise a question there. Otherwise I don't see any reason why you can not apply for it.
 
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thanks for the replies...


i just won't do it just to be on the safe side...

i'm just wondering if this will really affect the gc application of my husband...
 
Originally posted by trinity888
thanks for the replies...


i just won't do it just to be on the safe side...

i'm just wondering if this will really affect the gc application of my husband...
Click to expand...

There has been conflicting opinion on this forum regarding applying for unemployment benefits. My opinion is different from that of many others. I will repeat my argument here once again.

Unemployment is paid from an insurance fund set up by the state. It is paid for by insurance premium by you and your employer. (You can check your pay stubs and see an item called UI listed under deductions.) If you are paying insurance premium, it is your RIGHT to claim insurance benefits if you qualify. One of the relevant qualifications is that you should have UNRESTRICTED employment authorization. It means that no H1, L1, etc. EAD is an unrestricted employment authorization since it does not tie you to a particular employer. Since you already have EAD, you qualify 100% for UI benefits. It should in no way hinder either your or your spouses green card process.
Consider this hypothetical case. What if you are injured in an accident? Will you not claim disability benefits if you are paying for disability insurance? Will that be considered against your GC process?
Most of the arguments made against claiming UI is that it makes you a public charge. The answer is that it DOES NOT. Public charge is what the government (and ultmately tax payers) pay to support you. UI is an insurance for which you pay, not the public or the government.
 
This is really interesting it has to be discussed. What ever we have been told is just opposite. Attorneys should shed light on this issue. May be Jim?
 
The above statement by "nkm-oct23" is right. That's the way it should be. But unfortunately it is not always judged by BCIS in the same way we think. One more thing to mention... EAD is not totally an "UNRESTRICTED employment authorization". There is a time restriction on EAD. Most of them expire in less than a year... and there is no guarantee that it will be renewed next time. That's why some employer might not hire you for a permanent position until your GC is approved.
 
If we cannot claim unemployment benefits, then why do they deduct UI from our salaries???

It's like paying for an insurance you cannot avail.
 
Originally posted by trinity888
If we cannot claim unemployment benefits, then why do they deduct UI from our salaries???

It's like paying for an insurance you cannot avail.
Click to expand...
Similarly , a person on H1 can ask , if they are allowed only to stay for 6 years then why they have to pay for Social Security and Medicare which is a good part of his salary and he is not going to benefit with that (unless he gets GC which you may or may not get).
 
Originally posted by Niza
The above statement by "nkm-oct23" is right. That's the way it should be. But unfortunately it is not always judged by BCIS in the same way we think. One more thing to mention... EAD is not totally an "UNRESTRICTED employment authorization". There is a time restriction on EAD. Most of them expire in less than a year... and there is no guarantee that it will be renewed next time. That's why some employer might not hire you for a permanent position until your GC is approved.
Click to expand...

EAD is considered UNRESTRICTED EMPLOYMENT ATHORIZATION, the restriction for the purpose of UI is not time limited, but limited to employers. An EAD has the same documentary status as that of a green card or US citizenship, except for the time issue.
Employer CANNOT also refuse to hire someone just because his employment auhtorization will expire in the near future. THis aspect is well documented in the I-9 requirements.

EAD allows you to work for ANY employer that is why it is unrestricted.
 
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