unemployment benefits for a new GC holder

I

immi_09

Registered Users (C)
Guys,
I have a question reg unemployment benefits. Once we get GC and if we loose employment after say in less than a year, can we get unemployment benfits?

if we use them in first 5 yrs og obtaining GC, can that be considered a public charge and make us disqualify for GC next time at port of entry?

Thanks for your responses!
 
I know you can claim unemployment insurance. But I heard if you claim, it means you are apublic charge and your GC can be taken away if USCIS knows about it?!

can anyone answer this...
 
immi_09 said:
I know you can claim unemployment insurance. But I heard if you claim, it means you are apublic charge and your GC can be taken away if USCIS knows about it?!

can anyone answer this...
Click to expand...

A while back there was discussion on collecting UI *prior* to getting your GC (with the I-485 pending). The general concensus was that in most states UI is simply employer-sponsored insurance and there should be no issue with collecting it (after all, you paid into it -- it's your insurance). That said, most also agreed, that if you could avoid collecting UI, that might be better for the GC stage.

Once the GC has been granted though, I would have thought that collecting UI would definitely be safe -- you're a permanent resident (and as long as no fraud was involved I don't think that can be taken away from you).

Does anyone know if the "public charge" issue comes up at the citizenship stage? Even if it does, I would have thought that collecting employer-sponsored UI while you are elligible for this would be fine for the same reasons mentioned above.

For the sake of argument, does anyone know if you are collecting welfare and not even working can this affect your citizenship process?

ETA
 
ETA-GC said:
Does anyone know if the "public charge" issue comes up at the citizenship stage? Even if it does, I would have thought that collecting employer-sponsored UI while you are elligible for this would be fine.
Click to expand...

There was an INS/USCIS memo a while back the explicitly stated that collecting UI does NOT make one a public charge.
 
Unemployment

One of my friends has claimed Unemplyment benefit when he was on H1 B in between the Jobs/employers. His 140 is approved by USCIS and has done his FP recently. :confused:
 
Sdmudi said:
One of my friends has claimed Unemplyment benefit when he was on H1 B in between the Jobs/employers. His 140 is approved by USCIS and has done his FP recently. :confused:
Click to expand...

I'm assuming that at the time that your friend was between jobs, he already had a pending I-485? Otherwise, apart from being out of status, in most states, you can only collect UI if you are "immediately available" to work which is *not* the case with an H1B (the H status was invalid as soon as your friend stopped working).

ETA
 
Is unemployment insurance paid by company or self? I thoguht unemployment benefits are given by goverment?! confused here....Does one need to have unemployment insurance by company to be eligible for unemployment benefits?

Is it mandatory that company pay UI?
 
immi_09 said:
I know you can claim unemployment insurance. But I heard if you claim, it means you are apublic charge and your GC can be taken away if USCIS knows about it?!

can anyone answer this...
Click to expand...

In most of the states, UI is an insurance paid by employer. It's not public charge.
 
ETA-GC said:
A while back there was discussion on collecting UI *prior* to getting your GC (with the I-485 pending). The general concensus was that in most states UI is simply employer-sponsored insurance and there should be no issue with collecting it (after all, you paid into it -- it's your insurance). That said, most also agreed, that if you could avoid collecting UI, that might be better for the GC stage.

Once the GC has been granted though, I would have thought that collecting UI would definitely be safe -- you're a permanent resident (and as long as no fraud was involved I don't think that can be taken away from you).

Does anyone know if the "public charge" issue comes up at the citizenship stage? Even if it does, I would have thought that collecting employer-sponsored UI while you are elligible for this would be fine for the same reasons mentioned above.

For the sake of argument, does anyone know if you are collecting welfare and not even working can this affect your citizenship process?

ETA
Click to expand...

I know a person who has filed in Nebraska with 140 approved and 485 pending less than 6 months, lost his job. He had also bought a house worth of $210K with a new Honda CRV and had a wife, kid. He claimed unemployment insurance for more than 18 months now and just 3 months back, he got a job in west coast.

He was getting $400 per week for him and his wife($400) as she was also working earlier. They both got $800 a week and got a total of $3200 a month and happily kept paying their mortage and car loan.

They dont even seem to worry anything about it also. Their 485 is still pending with Nebraska and their ND is 2001. Will they have a problem with their GC approval, GOD only knows.

He was even insisting me to apply for unemployment insurance when I was jobless for 18 days.

I dont know how INS can even track this guy. I guess he created a history in eating up US $, and been a public charge(infact a nuisance) even without his 485 approval.
 
Last edited by a moderator:
TheRealCanadian said:
Why? Either he or his employer paid into the fund.
Click to expand...

I dont think that he has paid anything out of his pocket for this UI to kick in as I know he was too miser and used to carpool when his home was just 2 miles away from the work place and buys all garage sale stuff shoes, washes them and sends them to his native country(Philipines).

Guess his employer would have paid it.
 
Want GC Soon said:
I dont think that he has paid anything out of his pocket for this UI to kick in as I know he was too miser and used to carpool when his home was just 2 miles away from the work place and buys all garage sale stuff shoes, washes them and sends them to his native country(Philipines).

Guess his employer would have paid it.
Click to expand...

Yes, in most of the states, it's employer who pays it.
 
Ui

I think your friend is an intelligent guy, who knows how to use system for his or her benefit. Trust me he will get GC, because, USCIS like intelligent people like him to be permanent resident of this country, not misrable guys like us, who like scared all their life with the dream of getting GC and citizenship and finally wait for their NIRVANA
 
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