Unemployment insurance

B

buda2004

New Member
I was laid off last week and am wrestling with whether to claim the UI. I am in Illinois.

I checked with an officer at a local UI office and was told I am qualified since I have A# and EAD, even though I am still in AOS. When I told him that I am worried about the harm might be done to my GC. They said it will not do any damage to my GC and the USCIS may not even know about it because they will not tell them. However, he did say UI is a public charge.

My qustion is: dose anyone have the experience or know your friends' experience who claimed UI and got into trouble with the GC process? I know many people suggested not to claim it for caution reason, but no one can provide a case to justify the caution. On the contrary, some have examples to justify it is fine to claim UI.

Thanks

RD 9/02

:confused:
 
Originally posted by buda2004
I checked with an officer at a local UI office and was told I am qualified since I have A# and EAD, even though I am still in AOS.
Click to expand...

He is correct. You are eligible for UI.

However, he did say UI is a public charge.
Click to expand...

The definition of public charge is set by USCIS, not the UI folks, and you should not ask immigration questions of them, just like you wouldn't ask USCIS if you were eligible for UI. He is incorrect - there is a memorandum around that explicitly defines UI as NOT being under the "public charge" definition.

Search through Sheela Murthy's site - I think it's posted somewhere there.
 
TheRealCanadian

Thank you for the comment. I noticed you had some interesting discussion before. Theoretically, I agree with you and I am ready to go forward claiming it.

The reason I posted this thread is to make sure it is doable practically. I believe there is certain percentage of people who got laid off and claimed UI went through the GC process. Interestingly, I didn't see anybody came forward for help on BBS if they got trouble on this. I would assume USCIS is not mind our claiming UI.

Don't want to screw up my GC at this moment. But don't want to be irrational and give up what I earned simply because of fear.

So, folks, please post your comments and experience.
 
As I understand ... GC is for the future employment ....
If you collect the UI and if you have no job ...then what the GC is for ??

Please correct me if I am wrong .....

If you get an RFE in the near future ... what would be your defense for justifying the real reason for requesting GC ?
 
Yes GC is for future employment so you don't have to have a job right now. However you do have to have a job waiting for you that matches the criteria on the LC and the start date to be the date your 485 is approved.

So if a person has no job while 485 is pending, it will not hard the 485 process.
 
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