Unemployment Compensation Question

J

joe_black1

New Member
Here is my situation. I have applied for I-485 AOS more than seven months back. I have EAD card, which is valid for another ten months. I have been a victim to recent reduction in force. Am I eligible for unemployment compensation from the state? If I am eligible and apply for unemployment compensation, would that affect my ongoing GC process?

I would imagine each state has slightly different eligibilty criteria. The last time I checked, I qualified for all the criteria mentioned on its web site, although it does not have a specific mention for AOS case. Since unemployment compensation doesn't draw any money from taxpayer or public source, I'd guess that any potential GC holder, if he passes the criteria, should be eligible. Let me know what's your take on this.
 
No. You are not eligible. One of the first promise you eked out when you applied for GC is that you will not become a public charge.
 
same question

In California at least, you ARE eligible. The application specifically asks for you to be "legally able to accept employment" and it lists all types of different EAD cards as acceptable proof. I have non-GC friends who are receiving this benefit.

One lawyer told me that since Unemployment Insurance payments do NOT come from the taxpayer, technically you would not be a public charge. Personally, I'm not sure what the adjudicating INS officer will think - he/she may think that you are LIKELY to become a public charge in the future and deny your I-485. Also not sure if that lawyer would be able to defend me against the INS in this case..

Also, the state of California says that they check with the INS whether or not you are eligible. I do not know if that would trigger a red flag for your pending I-485, any ideas?

If you DO receive unemployment insurance benefits, I'm not sure if the INS will be aware of it. If they send you a RFE next fiscal year, and you have to show your W-2s, 1099s and tax returns for this year, I guess the unemployment compensation would show up somewhere on those forms.. But if at that time you submit evidence of a new full-time job, how does that make you a public charge?

Somebody with actual experience in this field please reply.:rolleyes: I think that having UI money during your job search is a very significant advantage..
 
Be care full

Even after getting green card, if you have applied for "Benifits". Chances of rejection in applying Citizenship.

Recently, it is denied to my friend. Nowdays, they are very serious, you may loose GC itlsef.
 
Sachdev:
Snap out of that pseudo-machismo indian supremecy theory. Only because indians/subcontinental people are working in few high paid area makes us 'thought of' being smart ;doesnt make us any higher human beings. Hitler thoght the same thing.

Applying for UI is not a fun thing. And its not for the lazy, idle fellows. Its only for those who still needs to bring breads to the table when theres no other alternative. And besides, its not disgraceful at all. Many has taken UI and later found jobs and they never looked back. Did you do that statistics?

In respect to applying for UI, I guess its very much state dependent and some advocates advice not to take it before the approval. But again, some are taking it and they are fine with it. INS is a federal agency whereas UI is dealt by state or private agencies.
 
sachdev don't know what you are smoking

but I want some of it. Obviously it is pretty good if it has given you such major illusions of grandeour and glory.

Unemployment benifits are NOT dole, neither is it charity! It is an insurance whose premium is paid for by your employer. When you don't have a job, (which is very common these days because of the economy) and need to pay your rent, would you rather shack up 10 to a room (like a lot of Indians do) living on your friends charity, or prefer to live with dignity only receiving what is due to you. It is like saying the next time you are in a car accident you refuse to collect money since you are a self respecting Indian.

Get real and take your head out of your ass with that smarmy Indian pride. People like you make me sick! What makes you think Indians are so much better than the hundreds of ethnic races present in America? If what you said was true, India wouldn't be a third world country with over a billion in population with a majority of which is under the poverty line. Don't look down on people who are on unemployment because who knows one day you or someone close to you might be standing in that same line too! This self righteous behaviour is probably going to be the death of all Indians, that and pride! *sigh*

As far as joe_black1's original question is concerned, I think you should be okay taking employment benifits since it is not state money, you have contributed to it when you have been working. But I would advice you to do it only as a last resort. The reason you receive a green card is since there is an opening in the job market that requires your skill, if you are on unemployment then that position doesn't exist. So that is a good cause for rejection of AOS if you ask me. Don't give INS more reason's to reject your case.

Goodluck!
 
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Are we on the dole when we file for UI extension after the initial 26 weeks of UI is exhausted? I heard that those extension money are not from the state UI fund but from the federal government.
 
Hi sunny,

I appreciate your constructive comments. I am no one to advise people not to go in for UI. But I stand by what I said.

Thanks and Regards

Originally posted by sunny J.
Sachdev:
Snap out of that pseudo-machismo indian supremecy theory. Only because indians/subcontinental people are working in few high paid area makes us 'thought of' being smart ;doesnt make us any higher human beings. Hitler thoght the same thing.

Applying for UI is not a fun thing. And its not for the lazy, idle fellows. Its only for those who still needs to bring breads to the table when theres no other alternative. And besides, its not disgraceful at all. Many has taken UI and later found jobs and they never looked back. Did you do that statistics?

In respect to applying for UI, I guess its very much state dependent and some advocates advice not to take it before the approval. But again, some are taking it and they are fine with it. INS is a federal agency whereas UI is dealt by state or private agencies.
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