Unemployment benefits on EAD

[immigrationvoice1]

Originally Posted by zCool

I don't think they will find that out without looking at either your tax documents or you disclosign it in an interview.
Take that ONLY IF it's the last resort. It can only harm if IO finds out you've been on the UI during the period of EAD.
There's legality and then there's practicality..
Legally Ms. Murthy might be right..
Practically I can't imagine this not creating doubts related to becoming "Public Charge"

Thanks zCool. I agree with you but wanted to know what the other state employment commissions and the attorneys of IV members have to say about it.

[immigrationvoice1]

Seems no one is willing to find this information out from their respective state employment commissions!

[immigrationvoice1]

Originally Posted by immigrationvoice1

Seems no one is willing to find this information out from their respective state employment commissions!

any update from anyone ?

[pjalan]

GC is based on future employment remember FUTURE....


What about current, I think as attorney murthy said it might okay to get uemployment benefits.

For dependent I dont see any reason why one should NOT/

[immigrationvoice1]

Originally Posted by pjalan

GC is based on future employment remember FUTURE....


What about current, I think as attorney murthy said it might okay to get uemployment benefits.

For dependent I dont see any reason why one should NOT/

Thanks for your comments. Does anyone else here thinking on similar lines?

[thakurrajiv]

Any updates on this issue ?
Anyone on EAD (pending 485) has taken un-employment benefit ?

[Beemar]

Yes, it is alright to avail the unemployment benefits while on EAD. I know of many friends who took the unemployment benefits and later got their GCs.

Like so many other scenarios in the immigration process, this scenario is also left undefined. Nobody really knows what the rules are in such cases. People and CIS can interpret the rules as they wish. If you get the GC even after taking unemployment benefits, lucky you! If your GC gets denied for this, bad luck.

It is just like the age-old question, how long you can legally stay in the US on H1B if you loose job? Nobody knows. Ambiguity suits CIS. They can screw us in whatever position and still claim it to be consensual.

Earlier, even the H1B processing was pretty lenient. I have known friends who got new H1B visa in US while missing the paystubs for an entire year! On the other hand these days CIS rejects H1B even if the job description happens to mention that it is a consulting job. AC21 beneficiaries are being denied GCs even through they followed all the regulations.

General trend seem to be that CIS is toughening rules and regulations. So my take will be, take the unemployment benefits only if you really need that money.

[EndlessWait]

unemployment benefits?

thanks

[gc4me]

The answer to the question regarding unemployment benefit depends on the answer to the bellow question.

How long a person using employment EAD can legally be unemployed?

If someone answer this, please post your source also.

[DSLStart]

I had read earlier that State employment agencies, IRS & USCIS (formerly INS) do not inter exchange data, so there is no way for USCIS to know if you are claiming unemployment insurance. In case if there is RFE (not coz of claiming benefit) but just randomly, then burden is on applicant to prove the job offer.

Originally Posted by logiclife

Dont claim unemployment.

I had read earlier that State employment agencies, IRS & USCIS (formerly INS) do not inter exchange data, so there is no way for USCIS to know if you are claiming unemployment insurance. In case if there is RFE (not coz of claiming benefit) but just randomly, then burden is on applicant to prove the job offer.

1. On one hand, you claim to have a job offer from an employer - which is the basis for your green card petition. The future job.
2. Also, you have work authorization in form of EAD or H1/L1.
3. Now, you are claiming unemployment, essentially stating that you are "looking for" a job.

Do those three things add up?

Now even if its possible to claim unemployment on EAD, if USCIS finds that out, your 485 will be in serious jeopardy and surely invite an RFE into your job offer and ask your employer if the job offer is still valid and ask you to find another employer willing to offer job and produce an employment verification letter. What will you do then?

Also, to get unemployment, you have to show that you are "Looking for" work. Basically, you are hunting for jobs. Now if you are saying that you are looking for jobs, then that is in direct contradiction to what your claim is for 485 - that you are not "still looking" for jobs, but you already have a job offer that you plan to accept upon getting GC.

So to combine to 2, are you going to say to USCIS in response to RFE that your job offer is something you are going to accept AFTER getting GC and until then, you want another job - which you dont have and are "still looking for" and hence the claim for unemployment?

[srikondoji]

Lawyer's response:
"I am not sure if your wife is eligible for unemployment benefits. She can contact a local unemployment office and explain her status and they can determine whether she is eligible. My understanding is that you must show you are authorized permanently to work in the U.S., and technically your wife is not, as her EAD is only renewable as long as her green card application is pending."

What should we make of this?

[raj3078]

Guys,
Go ahead and take the UI benefit. I personally did so. I was laid off in march and decided to take my chances and go to labor office. Lady was very helpful. She showed me the rules which clearly stated that i am qualified to receive UI benefit till the expiry of EAD card or 6 month whichever is earlier. They even helped me with relocation allowance when i got new job in different city. Overall I suppose I got around 5K from them.

I also got my GC this sept...No one asked for UI benefit. Having said that, I had spoken to USCIS officer in March before going to Labor office and he had told me that go ahead and use the benefit. It should not affect your GC....They do make sure that your EAD is authentic and also make copy of it. I believe they do verify with USCIS about your EAD....

Remember, it is an insurance to which your employer contribute so that in case they had to let you go, you will have some assistance.... I used it and did not face any issues...I got my GC. I dont think anyone else should either but again I am not a lawyer so please dont sue me for this

[ashkam]

Originally Posted by srikondoji

Lawyer's response:
"I am not sure if your wife is eligible for unemployment benefits. She can contact a local unemployment office and explain her status and they can determine whether she is eligible. My understanding is that you must show you are authorized permanently to work in the U.S., and technically your wife is not, as her EAD is only renewable as long as her green card application is pending."

What should we make of this?

Your lawyer is wrong. Raj3078 is right. Here's a document that explains it. Key quote :

To be eligible for unemployment insurance, immigrant workers must satisfy the
same basic requirements as other workers. First, they must be unemployed
“through no fault of their own.” Second, they must have enough wages earned or
hours worked to establish a claim. Third, they must be able and available to work,
and they must be looking for, and not refuse, “suitable” work."

[s416504]

http://immigrationvoice.org/forum/sh...031#post305031

Few more comments on this subject

[Keeme]

Originally Posted by s416504

http://immigrationvoice.org/forum/sh...031#post305031

Few more comments on this subject

Pl check your answer before asking any childish question. It may cost you much more than you get as unemployment benefit.

I-485 - Part 3 - question no : 2

2. Have you received assitance in the United States from any source, including the U.S. Gov or any state. county, city or municipality (other than emergency mediacal treatment) or are you likely to receive public assistance in the future ? YES / NO.