Unemployment benefits on EAD

[vin13]

Originally Posted by GCSeekerCT

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

I am currently on EAD. I have moved to another company using AC 21. If i lose my job and claim UI, how would i justify that i have a permanent job offer for the green card to continue?

I am not in consulting, so i would have no future employment offer or bench period, etc..

[desi3933]

Originally Posted by vin13

I am currently on EAD. I have moved to another company using AC 21. If i lose my job and claim UI, how would i justify that i have a permanent job offer for the green card to continue?

I am not in consulting, so i would have no future employment offer or bench period, etc..

>> If I lose my job and claim UI, how would i justify that i have a permanent job offer for the green card to continue?
This is purely from legal point of view -
GC is for future job and UI is for past job. Technically one can have different jobs during and after AOS. One can be at I-485 stage (and not working) as long as he/she has full time job offer that starts immediately after I-485 approval.

However as a practical I would never suggest to avail UI during AOS, without explicit legal advice from your attorney.

____________________
Not a legal advice.
US Citizen of Indian Origin

[vin13]

Here is what i see under the PA state unemployment benefit

Section 402.3. Eligibility of Aliens.—
a) Benefits shall not be paid on the basis of services performed by an alien unless such alien is an individual who
has been lawfully admitted for permanent residence or otherwise is permanently residing in the United States under color
of law (including an alien who is lawfully present in the United States as a result of the application of the provisions of
section 203(a)(7) or section 212(d)(5) of the Immigration and Nationality Act: "Provided, That any modification to the
provisions of section 3304(a)(14) of the Federal Unemployment Tax Act as provided by Public Law 94-566 which specify
other conditions or other effective date than stated herein for the denial of benefits based on services performed by aliens
and which modifications are required to be implemented under State law as a condition for full tax credit against the tax
imposed by the Federal Unemployment Tax Act, shall be deemed applicable under the provisions of this section."
(b) Any data or information required of individuals applying for benefits to determine whether benefits are not payable
to them because of their alien status shall be uniformly required from all applicants for benefits.
(c) In the case of an individual whose application for benefits would otherwise be approved, no determination that
benefits to such individual are not payable because of his alien status be made to except upon a preponderance of the
evidence.
(402.3 added July 6, 1977, P.L.41, No.22)

Can anyone help interpret this

[Canadianindian]

Originally Posted by desi3933

>> If I lose my job and claim UI, how would i justify that i have a permanent job offer for the green card to continue?
This is purely from legal point of view -
GC is for future job and UI is for past job. Technically one can have different jobs during and after AOS. One can be at I-485 stage (and not working) as long as he/she has full time job offer that starts immediately after I-485 approval.

However as a practical I would never suggest to avail UI during AOS, without explicit legal advice from your attorney.

____________________
Not a legal advice.
US Citizen of Indian Origin

Desi3933, would it be appropriate to infer from your statement above that if one gets laid off, one can work in a different field on EAD as long as one can switch to the similar filed at the time or subsequent to I-485 approval?

Thanks

[desi3933]

Originally Posted by Canadianindian

Desi3933, would it be appropriate to infer from your statement above that if one gets laid off, one can work in a different field on EAD as long as one can switch to the similar filed at the time or subsequent to I-485 approval?

Thanks

Please read my post again. Here is a part from that post -
One can be at I-485 stage (and not working) as long as he/she has full time job offer that starts immediately after I-485 approval.

You need to have full time job offer. This is for the GC job.

_______________________
Not a legal advice.
US Citizen of Indian Origin

[thepaew]

Hi Rajiv

I am a veteran of the last recession. In 2002, my roommate in Boston lost his job on H1B and he called up the UI office to ask about this. At that time, they asked him to fax a copy of his passport and visa and they said that they need some time to verify his details.

They finally ruled that H1B can get 2 months of UI benefits while US Citizens/PRs could get 6 months of benefits. They said that this payment is not state or federal assistance as the company made payments to ensure the availability of this insurance for laid-off employees.

So my friend took the benefits. And yes, this individual got his GC quite easily - he was from ROW, so there was little by way of retrogression. Hope that helps.

Originally Posted by 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 ?

[Decade_Alien]

Hi folks,

Please see the url http://www.edd.ca.gov/UIBDG/Miscellaneous_MI_50.htm , though it does not spell out EAD clearly, but the statements made there clearly qualifies EAD status for UI.

Title 22, Section 1253(c)-l(b) incorporates portions of IRCA, and provides:

"General Rule. A claimant is available for work during the week for which he or she claims benefits if the claimant is ready, willing, and able to accept suitable employment or has good cause for any restriction on his or her readiness, willingness, or ability to accept such employment and, notwithstanding such a restriction, a substantial field of employment remains open to the claimant in his or her labor market. A claimant is not available for work if he or she is unable to establish his or her employment eligibility upon hire in accordance with the requirements of Section 274A(b) of the Immigration and Nationality Act, 8 USC 1324a(b)."


d. Requirement to Update Work Authorization: A claimant who has a work authorization for a definite period of time, and whose work authorization will expire during the benefit year of the current claim, must demonstrate a continuing ability to work by bringing the extension of work authorization into the field office before benefits may be paid past the original expiration date. Generally, the claimant is allowed ten days to bring in such authorization; if the claimant does not, has not shown good cause for failure to do so within the ten days, and there is no indication that the claimant's status has reverted to, or become, illegal, the proper disqualification is IRR, failure to comply with a reasonable department request.

Also read this http://www.edd.ca.gov/pdf_pub_ctr/de1275a.pdf on page 31

Verifi cation of Right to Work
The Immigration Reform and Control Act of 1986 requires EDD to
review the citizen or alien status of all UI claimants. When you fi le
a claim or reopen your present claim, we must ask you to declare,
under penalty of perjury, whether you are a citizen or national of
the United States, or an alien in a satisfactory immigration status.
Satisfactory immigration status means that you are lawfully residing in
the United States and are legally authorized to work.
If you are not a United States citizen, you will be asked to provide
proof of your immigration status and work authorization.
This may include, but is not limited to:
• Your alien registration card, or
• Other document(s) issued by the United States Citizenship and
Immigration Services (USCIS), or
• Any document(s) you consider to be proof of your satisfactory
immigration status.
The document(s) you present will be verifi ed with USCIS. You
will also be asked to make a declaration about your citizenship or
immigration status during the period you earned the wages on which
your claim is based.
DE 1275A Rev. 45 (10-08) (INTERNET) Page 31 of 35 CU
Alien claimants must show continuing work authorization from the
USCIS. The documents must be presented to the EDD before the
expiration date. Once the work authorization has expired and the
EDD has no evidence that the work authorization has been extended,
the EDD can no longer pay benefi ts. Benefi ts will be denied from the
expiration date until the extension document is provided.
Whether you are a citizen, national, or alien, you must be ready and
able to establish your right to work when you are hired. You may be
denied benefi ts for any week in which we fi nd that you are unable to
establish your right to work in the United States.

The above statement clearly concludes that your EAD can expire during the term of UI and that you are UNEMPLOYED and that UI can continue only if you have renewed EAD!!

[jthomas]

I am taking UI presently. Only difference is that i am getting 6 months of UI rather than one year.
I can give you a suggestion of going to EDD office and filing the paperwork there, show them your EAD card so they won't have to check with USCIS. I can understand there would be a pretty long line but won't be bad on fridays

J thomas