Unemployment insurance benefits for H1B holders after laid off

K

kewl

Registered Users (C)
Hello Rajiv,

While working with H1B visa, everyone pays all taxes including social security, just the same as americans. If we maintain our status, can we claim unemployment benefits after lay off? Thanks.
 
No Title

H1B visa is terminated after getting laid off. But after that, you can apply for another visa (e.g. F1, B1, B2 or other) and maintain your status.
 
F1, B1 & B2 are not eligible

> But after that, you can apply for another visa (e.g. F1, B1, B2 or other) and maintain your status.

F1 are not eligible, because they dont pay taxes. B1 and B2 are not allowed to work so the net effect is that you cannot claim unemployment benefits under other visa status. Heard on one radio discussion that immigrants who become citizen should not get benefits for 5 years after they are naturalised. There are lot of cases of abuse of the system hence those immigrants who work hard have reached a sad and difficult point. There could be more difficult times ahead.
 
Depends

I am being told by INS lawyers that unemployment benefits are a matter of state law. Some states may permit even laid off H-1 workers to get unemployment insuarance benefits.
 
My friend received unemp benefits...

even though she don\'t have her green card yet. she lives in PA.
 
No Title

Can somebody claim/get unemployment insurance benefits if consultant have valid H1B visa by consulting company but on the bench (i.e. no client and searching for client) ?
 
My opinion

Since an H-1 is not eligible to work for any employer I believe that most states would refuse benefits. Of course OPERATIONS is correct, it is a matter of state law and I certainly cannot comment on the law of every state.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
H1 or EAD card?

Gurus,

I am working on H1 and at the same I am adjusting status (I-140 was NOT related to the company), so that I have received EAD card some time ago. Should I go to HR and switch to EAD card from H1 or it does not matter? Does it make any difference for my future unemployment insurance and other benefits?

Thanks a lot,

Alex
 
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