Would it be prudent to apply for unemployment upon being laid off while still having a valid EAD and awaiting I-485 adjudication?
Attorney Murthy : Individuals who are likely to become a "public charge" are not eligible to adjust to status to permanent residence. Unemployment is generally paid for by the employer, as mandatory insurance, and not the government. However, there may be instances where it is not 100% employer supported. Therefore, although it is not absolutely clear that it will cause a problem, or even come to the attention of INS, it is also not 100% clearly safe. In general, it is best to avoid any such issues, unless there is simply no other choice. Eligibility for unemployment compensation is a matter of state law, so it is different state to state.
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