Unemployment benifit related questions

Rahi khan

Registered Users (C)
Guys,

Here are my senarion and few questions. I would appreciate your opinion/advice.

I worked for my green card sponsoring company from March 2001 till June 2008 on H1-B status and on GC. I filled for I-485 in June 2007 and
very luckily got my card approved in Sep 2007 ( it took only 2 months and 25 days under ROW EB-3). I worked for 9 months 10 days as a GC holder
for the company and left the company in June 2008 because: 1) The company was under paying me by 16k yearly salary compared to the promised
salary for LC certification. 2) The company, an engineering consulting firm ( not desi), was also asking me to work on projects at anywhere
in U.S and International locations at anytime they get projects. When I started talking about the two above items firstly to adjust my yearly
salary and secondly my limited travel (about 25%) capability from the original location mentioned for LC certification, my boss and the manager
were putting unneccessary pressure on me and started picking on my job performance related issues and others that they never had talked about
in past 7 years. I was going through lots of stress from management and at a point I couldn't take it any more but resigned my position as a
test engineer with the company. It was a big relief for me and a big surprise for the management as my boss said that he would have never
expected my resignation.

Ever since I left the company in June 2008, I took 3 months of vacation and spent time with my parents and wife in my home country.
I came back in U.S in October and started looking for job. The job market is so bad that I am getting lots of calls from recruiters
but no interview set up with real employers. I have following question:

1) Can I claim for California unemployment benifits knowing that I resigned my position with the above mentioned reasons?

2) Do you think my that my resignation might be an issue during Citizenship interview? To mention that I e-mailed my situation with the
company to my immigration lawyer in Fragomen before sending my resignation e-mail to my boss and the attorney responded back that
"No risk at all. You can do what you please and your status is safe." Well I understand that my GC status is safe. I am trying to understand
the effect on my future citizenship.

3) I travel often to my home country (once in every 6 months) as my wife and parents live there. We are expecting our first baby in coming
June and I plan to spent the whole month of June with my wife back home. what if I don't get a professional job in my field before June,
Will that be a problem at the POE when returning from my intenational trip in July concerning the term "public charge" if I claim for
unemployment?

4) If the worse comes to the worst, I might drive a taxi cab for the time being and try to get an admission for MBA program. Do you think it
will be less problematic at the POE if I make my living by driving a taxi cab rather than claiming for unemployment benifits ?

Too many questions. Thanks for reading and many many thanks for your time to reply.

Rahi Khan
 
Can someone respond with advices please...real canadian, jack, jinu and respectful others....

Guys,

Here are my senarion and few questions. I would appreciate your opinion/advice.

I worked for my green card sponsoring company from March 2001 till June 2008 on H1-B status and on GC. I filled for I-485 in June 2007 and
very luckily got my card approved in Sep 2007 ( it took only 2 months and 25 days under ROW EB-3). I worked for 9 months 10 days as a GC holder
for the company and left the company in June 2008 because: 1) The company was under paying me by 16k yearly salary compared to the promised
salary for LC certification. 2) The company, an engineering consulting firm ( not desi), was also asking me to work on projects at anywhere
in U.S and International locations at anytime they get projects. When I started talking about the two above items firstly to adjust my yearly
salary and secondly my limited travel (about 25%) capability from the original location mentioned for LC certification, my boss and the manager
were putting unneccessary pressure on me and started picking on my job performance related issues and others that they never had talked about
in past 7 years. I was going through lots of stress from management and at a point I couldn't take it any more but resigned my position as a
test engineer with the company. It was a big relief for me and a big surprise for the management as my boss said that he would have never
expected my resignation.

Ever since I left the company in June 2008, I took 3 months of vacation and spent time with my parents and wife in my home country.
I came back in U.S in October and started looking for job. The job market is so bad that I am getting lots of calls from recruiters
but no interview set up with real employers. I have following question:

1) Can I claim for California unemployment benifits knowing that I resigned my position with the above mentioned reasons?

2) Do you think my that my resignation might be an issue during Citizenship interview? To mention that I e-mailed my situation with the
company to my immigration lawyer in Fragomen before sending my resignation e-mail to my boss and the attorney responded back that
"No risk at all. You can do what you please and your status is safe." Well I understand that my GC status is safe. I am trying to understand
the effect on my future citizenship.

3) I travel often to my home country (once in every 6 months) as my wife and parents live there. We are expecting our first baby in coming
June and I plan to spent the whole month of June with my wife back home. what if I don't get a professional job in my field before June,
Will that be a problem at the POE when returning from my intenational trip in July concerning the term "public charge" if I claim for
unemployment?

4) If the worse comes to the worst, I might drive a taxi cab for the time being and try to get an admission for MBA program. Do you think it
will be less problematic at the POE if I make my living by driving a taxi cab rather than claiming for unemployment benifits ?

Too many questions. Thanks for reading and many many thanks for your time to reply.

Rahi Khan
 
1) Almost surely no. You would have to prove "constructive dismissal", meaning they treated you so badly that when you left it was equivalent to firing you. Consult a labor lawyer in your state to figure out if it is feasible.

2) 9 months post-GC is highly unlikely to cause a problem, unless there is a relevant court case that happens before your citizenship interview, and the court draws the line at something like 1 year. I personally left after 10 months and I'm not worrying about it. But until there is a court case, nobody knows what is 100% safe or 100% unsafe (and even then we might not know anything 100%, because the court case may have differences from our individual situations).

3 and 4) Being jobless is no problem at the POE if you have a green card (with the possible exception of somebody who obtained their GC via consular processing and is entering the US for the first time post-GC). Sometimes they ask where you work; if they ask you can say you used to work for XYZ but now you're unemployed.
 
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