Workers' Compensation while on EAD [Archive]

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Dhundhun

10-29-2009, 09:33 PM

Is it OK to file for and receive Worker's Compensation while on EAD? Company initiated the Worker's Compensation due to injury in work place.

memyselfandus

10-30-2009, 09:20 AM

It is company's insurance that pays...and it is not a state(Federal/state/county/city) payment and hence you should be safe. You should always avail that.

I myself used it. I was and I am in EAD.

MCQ

10-30-2009, 12:57 PM

This is a timely question. I guess because of the recession, a lot of guys are getting laid off on EAD's and trying to find other positions and wondering if they'll be labelled a "Public Charge" and thus ineligable to Adjust Status if they take the money.

Good news is that on Oct 27th - USCIS released a statement of what is and is not considered a "Public Charge" - see

USCIS - Public Charge Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d04bd24077694210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

and Workers Comp and Unemployment are NOT considered a "Public Charge" so you are ok.

McQ

simple1

10-30-2009, 01:47 PM

Dhundhun,
Workers' Compensation for injury is not a problem.

MCQ,
Unemployment compensation may not be a public charge. But cleary shows the applicant doesnt have eligiblity for GC. EB is based on applicant's permenant job.

This is a timely question. I guess because of the recession, a lot of guys are getting laid off on EAD's and trying to find other positions and wondering if they'll be labelled a "Public Charge" and thus ineligable to Adjust Status if they take the money.

Good news is that on Oct 27th - USCIS released a statement of what is and is not considered a "Public Charge" - see

USCIS - Public Charge Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d04bd24077694210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

and Workers Comp and Unemployment are NOT considered a "Public Charge" so you are ok.

McQ

Dhundhun

10-30-2009, 01:58 PM

Thanks memyselfandus and MCQ.

hoolahoous

10-30-2009, 05:33 PM

MCQ,
Unemployment compensation may not be a public charge. But cleary shows the applicant doesnt have eligiblity for GC. EB is based on applicant's permenant job.

care to explain why would it be a problem. Isn't GC for 'future' employment ? As long as you have an 'offer' of permanent job at time of AOS, you are eligible for GC.

simple1

10-30-2009, 07:18 PM

hoolahoous

11-03-2009, 10:11 AM

part 3, item 2: "Have you received public assistance in the United States from any source, including the U.S.Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?"

sorry, just highlighting the same text again is not helping. what is the problem if a person on AOS receives unemployment compensation.

sanju_dba

11-03-2009, 12:14 PM

hoolahoous

11-05-2009, 01:05 AM

till you get your EB based GC ( the card ), you should be employed. Receving Unemployement compensation defines you unemployed and invalidates your status.
Thats my understanding and have been hearing!
Any news / corrections are welcome!

I belive that is incorrect. At the time your application is adjudicated you need to have a valid offer of employment in same or similar category. it is easier if you are already employed at that job, however that is not required. there is no law/rule which says that you need to be employed all the time till your application is adjudicated.
also what 'status' do you refer to which is being invalidated ? is it AOS or some other status. If it is AOS that is not invalidated when you are unemployed. Please point me to a location where you have read/heard what you are claiming.