Unemployment benefits on EAD ??
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GeeCee Saga
Registered Users (C)
You are kidding me right? This will definately screw up your GC process. Don't even think about it.
No jokes
I remember seeing a thread sometime back stating the same. How is claiming unemployement going to hamper your GC ? As long as you are going to use AC21 keeping in mind the current processing date you should be fine.
I will try searching for the thread and post the limk here.
I remember seeing a thread sometime back stating the same. How is claiming unemployement going to hamper your GC ? As long as you are going to use AC21 keeping in mind the current processing date you should be fine.
I will try searching for the thread and post the limk here.
Claiming unemployment benefits DOES NOT affect your pending adjustment application.This is beause claiming unemployment benefits by itself do not violate any immigration or public charge laws.
If the unemployment came about because the employer who sponsored your PR petition let you go, then you have a problem since the job for which I-485 is filed is no longer there.
(Unless the employer can certify that the termination is temporary and you will be rehired as soon as the 485 is appproved.)
One way to escape this is to use AC21 if there is 180 days or more gap between applying 485 and your becoming unemployed.
You will definitely need EAD to claim unemployment because you will have to show that you have work authorization before and after claiming unemployment. I don't think there is any minimum time on EAD for this, as long as you fulfil the all other requirements for unemployment insurance.
brightstar
Registered Users (C)
Man...
Don' push your luck too hard. You must be joking right?
Don' push your luck too hard. You must be joking right?
why cant you just go to your states unemployment benefits site and find it out yourself? In TX, the stipulation is you should be eligible to work.
I think you ought to take the comments on this board with a grain of salt. While we are trying to help each other out,, some of us are just suggesting things that we ourselves are not absolutely sure about. for instance, a good example is, you cannot sponsor yourself in a green card process whereas I know someone who did that and didnt even know that he can't do that (?).... where does it say that you can't apply for unemployment? where does it say you can ? you are the best judge in this internet time.
I think you ought to take the comments on this board with a grain of salt. While we are trying to help each other out,, some of us are just suggesting things that we ourselves are not absolutely sure about. for instance, a good example is, you cannot sponsor yourself in a green card process whereas I know someone who did that and didnt even know that he can't do that (?).... where does it say that you can't apply for unemployment? where does it say you can ? you are the best judge in this internet time.
There is no black and white official statement that clarifies this issue. But my understanding came about by gathering information from various websites.
One of the often mentioned reasons for not claiming UI while being an adjustee is that it makes you a PUBLIC CHARGE. I checked the definition of public charge at BCIS website. Please see this link for a comprehensive definition of public charge. It spells out what does and does not constitute poblic charge for both LPRs and adjustees. It is an official intrepretation from BCIS.
http://www.bcis.gov/graphics/publicaffairs/summaries/public.htm
http://www.bcis.gov/graphics/publicaffairs/factsheets/public_cfs.htm
I also checked the website of California state UI program. This site details eligibility requirements for claiming UI. The link is:
http://www.edd.ca.gov/jsrep/js733.htm#legal
If one is unemployed at the time BCIS calls you for interview, you are probably out of luck for getting the GC approved but that is NOT because you applied for UI. If you have no job at the time of approval, BCIS can deny GC.
My argument has been that claiming UI is NOT public charge since UI is not paid by taxpayer or government money. It is paid by an insurance fund. Both you and your employer pays regular premiums into this fund.
If BCIS ask you and you do not have a job, BCIS can deny GC. If you have a job, they probably will approve your GC, regardless of any UI claims.
TheRealCanadian
Volunteer Moderator
Of course he can. He can claim UI for Employment-based GC as well.
EDIT: One caveat - the typical proviso is that the beneficiary of UI be eligible to work in any job. So you will need a valid EAD in order to get UI.
einuj somar
Registered Users (C)
just a thought
It would be a risk, I think.
Employment-based GC is being granted because the US thinks that we can help them with their economy by being here working for them. BUT, if we lose our job and get unemployment benefits which the State has to pay us then this defeats the very puprose of us being here in the first place, we then become a liability for the US, and this might be a ground for gc denial.
again, this is just a thought, may not be logical to some, but this is something to be really considered in deciding.
It would be a risk, I think.
Employment-based GC is being granted because the US thinks that we can help them with their economy by being here working for them. BUT, if we lose our job and get unemployment benefits which the State has to pay us then this defeats the very puprose of us being here in the first place, we then become a liability for the US, and this might be a ground for gc denial.
again, this is just a thought, may not be logical to some, but this is something to be really considered in deciding.
TheRealCanadian
Volunteer Moderator
Re: just a thought
You're using common sense, einuj. Since you are still of the crazy opinion that common sense has any role to play in US immigration, you are hereby sentenced to another year of waiting on BCIS. Please get back to us in a year to see if you have given up your crazy ideas and maybe your GC will be approved then.
There are several misconceptions here that need to be addressed. First, the only requirement for your I-485 to be approved is that you have a permanent job offer available at the time of approval. You could have spent the entire time waiting for your I-485 to be approved sitting around waiting, and that would be OK.
Second, the state doesn't pay for UI. Your employer (and in some states, you) contribute to this fund. You are entitled to collect if you meet the requirements - which are that you are eligible to work, and you are a legal US resident. If you have an EAD and a pending I-485, you meet those requirements.
There's no problem with collecting UI while an adjustee. Heck, an L-2 nonimmigrant with an EAD could collect.
You're using common sense, einuj. Since you are still of the crazy opinion that common sense has any role to play in US immigration, you are hereby sentenced to another year of waiting on BCIS. Please get back to us in a year to see if you have given up your crazy ideas and maybe your GC will be approved then.
There are several misconceptions here that need to be addressed. First, the only requirement for your I-485 to be approved is that you have a permanent job offer available at the time of approval. You could have spent the entire time waiting for your I-485 to be approved sitting around waiting, and that would be OK.
Second, the state doesn't pay for UI. Your employer (and in some states, you) contribute to this fund. You are entitled to collect if you meet the requirements - which are that you are eligible to work, and you are a legal US resident. If you have an EAD and a pending I-485, you meet those requirements.
There's no problem with collecting UI while an adjustee. Heck, an L-2 nonimmigrant with an EAD could collect.
Agree with the Canuck
Real Canadian eh! ...;
Agree with what RC here has to say. I recently contacted the
UI office in PA, and they informed that as long as I legally in the
US and had a job-loss, I'm eligible as long as I meet (other)
criteria set-forth by UI.
later,
H
Real Canadian eh! ...;
Agree with what RC here has to say. I recently contacted the
UI office in PA, and they informed that as long as I legally in the
US and had a job-loss, I'm eligible as long as I meet (other)
criteria set-forth by UI.
later,
H
PrinceOfDarknes
Registered Users (C)
there is no way INS can check whether somebody received UI, even if they wanted
there is no way INS can check whether somebody received UI, even if they wanted.
there are 50 states offices where one can file for UI, many of them are still using paper technology I guess.
you remember how long it took them to link with FBI?
so unless you will send them a letter, saying that you received UI, they will never know
there is no way INS can check whether somebody received UI, even if they wanted.
there are 50 states offices where one can file for UI, many of them are still using paper technology I guess.
you remember how long it took them to link with FBI?
so unless you will send them a letter, saying that you received UI, they will never know
einuj somar
Registered Users (C)
It was just a thought based from what I heard from other people. (That's alright if TheRealCanadian find the idea crazy, I just can't believe a volunteer moderator can verbally attack and insult other people in this forum).
It's true that it may be close to impossible for the BCIS to learn one has claimed UI in the past. But there's also the possibility that one would receive RFE or called for an interview and BCIS would ask whether you were idle from work for a while and whether you have claimed UI - then it would be up to that person whether he/she would want to tell them the truth or not.
I don't have a vast knowledge with the UI stuff, but what I currently know based from a material that I have read last week (I was trying to help a friend claim UI), the employers indeed pays for the unemployment insurance tax to the state - that's why i said that it's the state that pays for the UI. ---
Again, I may be wrong about all these, I'm just speaking from what my neophyte mind knows.
It's true that it may be close to impossible for the BCIS to learn one has claimed UI in the past. But there's also the possibility that one would receive RFE or called for an interview and BCIS would ask whether you were idle from work for a while and whether you have claimed UI - then it would be up to that person whether he/she would want to tell them the truth or not.
I don't have a vast knowledge with the UI stuff, but what I currently know based from a material that I have read last week (I was trying to help a friend claim UI), the employers indeed pays for the unemployment insurance tax to the state - that's why i said that it's the state that pays for the UI. ---
Again, I may be wrong about all these, I'm just speaking from what my neophyte mind knows.
TheRealCanadian
Volunteer Moderator
It was never my intention to attack or insult you - I was just attempting a little humor. When dealing with legal issues, what matters is the letter of the law, not what common sense may indicate. If you have taken offense, my apologies. No harm was meant.
If you were unemployed for a period of time during your AOS stage and BCIS asks, you must of course be truthful. There's no legal impediment to collecting UI during your time as an adjustee with a valid EAD. All that will matter at the interview is if you have a future job offer.