Unemployment benefits on EAD

[raj3078]

Originally Posted by Keeme

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.

One more time....."UI is not assistance but insurance" it is not coming from city or state or govt but from employers....
If you dont want to take free money then dont do so... That does not mean you will get GC soon... at the same time taking money also does not mean your gc will be denied....

[thakurrajiv]

I am not a US citizen. Will I be eligible for Unemployment Insurance benefits?
You must provide information that will be used to verify that you were legally authorized to work in the United States and you are still eligible to begin a job.

Does this mean H1 not qualified but EAD qualified ?

[raj3078]

H1 is not qualified as his visa is linked to the job but EAD is, as EAD is not linked to the job

[Marphad]

Originally Posted by 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

This is really good to know!

[kart2007]

What happens if you have EAD but are working on H1b. Does that qualify?

[reddymjm]

Bump

[ashkam]

Originally Posted by kart2007

What happens if you have EAD but are working on H1b. Does that qualify?

If you are working, you are ineligible for unemployment benefits. If you are laid off, you can use your EAD to apply for unemployment benefits.

[maddipati1]

Originally Posted by kart2007

What happens if you have EAD but are WORKING on H1b. Does that qualify?

if u r working = u r not unemployed

if u r not working = u dont have H1

[polapragada]

Originally Posted by 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

Good Info...

[When485]

Originally Posted by greatguy

Can an EAD holder claim government unemployment benefits ? what is the downside risk ? what paperwork is needed ?

Your GC is based on Permanent Position. By claiming unemployment benefits, it's becoming clear that you are no more on a permanent job. Hope this helps. thanks

[vin13]

this is a interesting topic.

Logically it does not make sense to take unemployment benefits if a person was on H1-B before losing the job.

Not even if a person is using EAD as you need to be working in a similar job to maintain your status.

The only person that could potentially get unemployment benefits is if you are on EAD and a dependent in the green card process. As it is not mandatory to be working to maintain status.

There may be a lot of them who may get by taking unemployment benefits because USCIS does not check every record before issuing GC. But it is a potential risk. I just do not know how someone (in employement based category) can live legally without working unless you are on "dependent" category for your status.

It may be a matter of following the rules or bending the rules. Maybe someone has a better explaination.

Again, this is just my opinion.

[texcan]

Originally Posted by vin13

this is a interesting topic.

Logically it does not make sense to take unemployment benefits if a person was on H1-B before losing the job.

It does make sense ,if you were on h1b for past x year and not moved to EAD
and lost job.
UI is an insurance for a person not status. Your employer pays into system when youare on h1b and then you can get those benefits.
Logically, you should not take UI only if you have not paid into it to start with.

From your logic my friend, UI or any other benefit's clock should reset everytime you change status, this is not so....benefits are tied with a persons/SSN ; not with status....
otherwise UI, Social Security etc...should be reset when you change status or change employer ....

Not even if a person is using EAD as you need to be working in a similar job to maintain your status.

No this is irrespective of what job you were doing, this is simply paying into system and getting some benefits back.

The only person that could potentially get unemployment benefits is if you are on EAD and a dependent in the green card process. As it is not mandatory to be working to maintain status.

No,
if someone is on h1 and then have moved to EAD (primary) applicatant can and should get unemployment benefits.
Once you are on EAD, its not mandatory for even primary to be working ....remember EAD is for future job. One could very well have filed for GC for a future job when one has never been in USA.

There may be a lot of them who may get by taking unemployment benefits because USCIS does not check every record before issuing GC. But it is a potential risk. I just do not know how someone (in employement based category) can live legally without working unless you are on "dependent" category for your status.

NO again, as it has been mentioned again and again that UI is an insurance that you pay in and get money out when needed.
From your logic, one should also never use Medical Insurance because medical insurance was paid for by employer and now that you are umemployed....you donot get any benefits.

It may be a matter of following the rules or bending the rules. Maybe someone has a better explaination.

Again, this is just my opinion.

You are right, please donot take my comments personally.

I believe it is a matter of knowing your benefits/rules and exercising these benefits properly. Remember US does not discrimate against people is the first policy here, how come we can keep paying into these beenfits system and not get a penny out when we need these benefits....that too for danger of messing up with application for GC.

Again, donot take anything personally. I fully understand you intention here is in benefit for all folks, and that someone should not be short sighed in exercising benefits.

[gapala]

The Question on 485 is

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?

Most of us EB folks answered it NO.

Question is whether the unemployment insurance claim considered as Public Assistance like Welfare?

Here's what I could find upon research and disucssion with friends. I will post the references later.

Covered employment
The Federal Unemployment Tax Act applies to employers who employ one employee or more in covered employment in at least 20 weeks in the current or preceding calendar year or who pay wages of $1,500 or more during any calendar quarter of the current or preceding calendar year . Also included are large employers of agricultural labor and some employment in household service . In their unemployment
insurance laws, States tend to cover employers or employment subject to the Federal tax because, while there is no compulsion to do so, failure to do so is of no advantage to the State and a disadvantage to the employers involved . While States generally cover all employment which is subject to the Federal tax, and many go beyond, covering others, such as smaller employers of agricultural labor and
household service .

Under all State unemployment insurance laws, a worker's benefit rights depend on his experience in covered employment in a past period of time, called the "base period." The period during which the weekly rate and the duration of benefits determined for a given worker apply to the individual is called his or her "benefit year." The qualifying wage or employment provisions attempt to measure the worker's attachment to the labor force. To qualify for benefits as an insured worker, a claimant must have earned a specified amount of wages or must have
worked a certain number of weeks or calendar quarters in covered employment within the base period, or must have met some combination of wage and employment requirements. He or she must also be free from disqualification for causes which vary among the States. All but a few States require a claimant to serve a waiting period before his unemployment may be compensable.

week of total unemployment is a week in which the claimant performs no work and receives no pay. In most States a worker is partially unemployed in a week of less than fulltime work when he or she earns less than his weekly benefit amount. The benefit payment for such a week is the difference between the weekly benefit amount and the part-time earnings, usually with a small deductible allowance as a
financial inducement to take part-time work .

All States require that an individual must have earned a specified amount of wages or must have worked for a certain period of time within his or her base period, or both, to qualify for benefits . The purpose of such qualifying requirements is to restrict benefits to covered workers who are genuinely attached to the labor force. All State laws provide that to receive benefits a claimant must be able to work, must be available for work, and must be seeking work. Also, he or she must be free from disqualification for such acts as voluntary leaving without good cause, discharge for misconduct connected with the work, and refusal of suitable work.


In all States, claimants who are held ineligible for benefits because of inability to work, unavailability for work, refusal of suitable work, or disqualification are entitled to a notice of determination and an appeal from the determination . Most States measure unemployment in terms of weeks. Under all State laws a weekly benefit amount, that is, the amount payable for a week of total unemployment, varies
with the worker's past wages within certain minimum and maximum limits . The period of past wages used and the formulas for computing benefits from these past wages vary greatly among the States .

Since 1970, Federal law has provided for the extension of the duration of benefits in periods of high unemployment. When the State rates of insured unemployment reach specified levels, each State must extend by 50 percent the benefit duration normally allowed up to a combined overall maximum of 39 weeks. Half the cost of extended benefits paid during such periods, including any State benefits paid in excess of 26 weeks, is financed by the Federal Government out of Federal unemployment tax revenues.

See the use of word Benifit and not Assistance

(1) Compensation is paid through public employment offices or other approved agencies .

(2) All of the funds collected under the State program are deposited in the Federal Unemployment Trust Fund.

(3) All of the money withdrawn from the unemployment fund is used to pay unemployment compensation or to refund amounts erroneously paid into the fund.

(4) Compensation is not denied to anyone who refuses to accept work because the job is vacant as the direct result of a labor dispute ; or because the wages, hours, or conditions
of work are substandard ; or if as a condition of employment, the individual would have to join a company union or resign from or refrain from joining any bona fide labor organization.

(5) Compensation is paid to employees of State and local governments (with required limitations on benefit entitlement during vacation periods for employees in education) .

(6) Compensation is paid to employees of FUTA tax exempt nonprofit organizations, including schools and colleges, who employ four workers or more in each of 20 weeks in
the calendar year .

(7) Compensation is not payable in 2 successive benefit years to an individual who has not worked in covered employment after the beginning of the first benefit year

(8) Compensation is not denied to anyone solely because he or she is taking part in an approved training program

(9) Compensation is not denied or reduced because an individual's claim for benefits was filed in another State or Canada

(10) The only reasons for cancellation of wage credits or total benefit rights are discharge for work-connected misconduct, fraud, or receipt of disqualifying income.

(11) Extended compensation is payable under the provisions of the Extended Unemployment Compensation Act of 1970.

(12) The State participates in arrangements for combining wages earned in more than one State for eligibility and benefit purposes.

(13) Reduced rates are permitted employers only on the basis of their experience with respect to unemployment.

(14) State and local governments and nonprofit organizations may choose between paying regular employer contributions or financing benefit costs by the reimbursement method.

(15) No individual shall be denied compensation solely on the basis of pregnancy or termination of pregnancy.

(16) Compensation may not be payable to a professional athlete between seasons who is under contract to resume employment when the new season begins.

(17) Compensation may not be payable to an alien not legally available to work in the United States .

EAD folks are legal and available to work in US... We can claim the unemployment benefit. There is a difference between the Benefit and Assistance. This is not an assistance.

(18) The benefit amount of an individual shall be reduced by that portion of a pension or other retirement income which is funded by a base period employer (including 50 percent
of primary Social Security or Railroad Retirement payment)

(19) Wage information in the agency files must be made available, upon request, to the agency administering Aid to Families with Dependent Children.

(20) The following specific provisions of the Federal-State Extended Unemployment Compensation Law must be adopted by State law :

" Specific requirements for defining suitable work and imposing disqualifications related thereto .

Extended benefit payments limited to 2 weeks if claimant moves from a State triggered "on" to a State which is not paying extended benefits.

" No provision of State law which terminates a disqualification for voluntary quit, discharge for misconduct, or job refusal, other than new employment, shall apply for purpose of determining eligibility for extended benefits

" No individual shall be eligible for extended benefits unless during his or her base period for regular unemployment insurance he or she had 20 weeks of full-time insured unemployment or the equivalent in insured wages (40 times the individual's most recent weekly benefit or l'/z times earnings in the highest quarter in the base period)

(21) Any interest required to be paid on advances shall be paid by the due date set in the Federal Unemployment Tax Act. The interest paid shall not be drawn from the unemployment insurance funds of the State, but may be paid from a separate tax levied for that specific purpose or from such other sources as the State may determine .

You can find this information on Beauro of Labor statistics website at http://www.bls.gov/

[vin13]

Good Info

I agree that there is a good possibility to qualify for unemployment benefits. I am not questioning that.

How do you really remain in US legally when you have no job? I am only talking about immigration status.

[GCSeekerCT]

Originally Posted by vin13

Good Info

I agree that there is a good possibility to qualify for unemployment benefits. I am not questioning that.

How do you really remain in US legally when you have no job? I am only talking about immigration status.

Having EAD covers your status issue regardless of your H1-B situation.

In my case, for example the H-1B is expiring Aug 09. But having EAD means I am on EAD as soon as h-1 status expires. I plan on not worrying about H-1 re-filing once its up (6 yrs in aug 09). I will just go to EAD and be done.

I think OP and others are also suggesting that H-1B, which is linked to your job does not qualify one to claim UI. But, as soon as one is laid off that H-1 Link is broken and one can switch to EAD's protection and thus claim UI.

HTH