Unemployment benefits on EAD

[greatguy]

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

[dollar500]

But there are several buts...

1. It depends on city and state regulations. In fact my city offers unemployment benefits to even visa holders. (although technically that's not possible)

2. I have heard that it's considered a negative on your H1b application as you have been a liability to the country. Although I am not sure about this clause.

Hope this helps

[easygoer]

Your greencard filed on the presumption that company want to employ you on a permanent basis and it has enough resources for the same. When you claim unemployment then it proves that comapany does not have enough work to prove her claim for your permanent employment.

[kicca]

"Legal Victory for working immigrants in Missouri

This entry was posted on 9/15/2007 9:34 AM and here is the link:
http://blog.us-legalsolutions.com/20...-missouri.aspx

US Legal Solutions and Ken Schmitt scored a major victory for working immigrants in Missouri caught in the nightmare of US Immigration Service's (USCIS) processing delays. Many immigrants lawfully employed in the United States face the necessity of re-applying or extending their status every few years or more frequently. The dismaying delays by USCIS in processing these applications often mean that the worker (and their employer) must wait weeks or months after the expiration date of the immigrant's current employment authorization to receive their new Employment Authorization Document (EAD) -- even when the immigrant applies months in advance of the current EAD's expiration date. Meanwhile, the Department of Labor represents a constant threat of employer raids and audits of the employer's documentation for each employee's employment authorization leading many employers to terminate the lawful immigrant's employment once the existing EAD expires while the immigrant is waiting for their new EAD. When the immigrant then applies for the unemployment benefits to which they are entitled, many employers are tempted to object to the payment of benefits arguing that the immigrant employee is at fault for failing to timely present a renewed EAD. Missouri has now flatly rejected this argument and has determined that the terminated employee is entitled to benefits."

online there is a summary of the case and the complete opinion of the Missouri Labor and Industrial Relations Commission.

[H1Girl]

Originally Posted by easygoer

Your greencard filed on the presumption that company want to employ you on a permanent basis and it has enough resources for the same. When you claim unemployment then it proves that comapany does not have enough work to prove her claim for your permanent employment.

What about derivative applicants? Meaning, spouses who were working on EAD and then lost the employment...

[pointlesswait]

unemployment is only for citizens...
i dont think we qualify!!!

[Munna Bhai]

Originally Posted by pointlesswait

unemployment is only for citizens...
i dont think we qualify!!!

EAD qualifies for unemployment benefits. Read the rules of the game.

[ashkam]

"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."

Here's the link.

[logiclife]

Dont claim unemployment.

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?

[mrdelhiite]

Originally Posted by logiclife

Dont claim unemployment.

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?

For primary applicant what you said makes perfect sense .. but as was asked earlier what about dependent ... although i strongly feel for few $$ it is not worth adding additional complication to your green card case anyway ..
-M

[eb3_nepa]

I think now people are beginning to Majorly push the envelope.

Are you not supposed to be OUT OF STATUS if you are on an EAD but without a job? I thought that if you changed jobs using an EAD, you were supposed to have a similar kind of JOB. Now does NO JOB = Same kind of Job?

[bigboy007]

I think hez talking about dependent EAD , status issue doesnt arise for dependents right , i dont about the answer dude but question seems logical for dependent side . Ofcourse primary should never do that.

Originally Posted by eb3_nepa

I think now people are beginning to Majorly push the envelope.

Are you not supposed to be OUT OF STATUS if you are on an EAD but without a job? I thought that if you changed jobs using an EAD, you were supposed to have a similar kind of JOB. Now does NO JOB = Same kind of Job?

[immigrationvoice1]

I just called Virginia Employment Commission's Fairfax, VA office at 703-803-0000 to find out whether people on H1B or EAD are eligible to file for unemployment benefits.

The person who picked up the phone said " as long as you have ANY valid work authorization in the US like a Green Card or H2B etc, you are eligible to file for unemployment benefits"

The following chat transcript from attorney Murthy's website are also on similar lines:

Chat User :Will my GC case (for future job, only I-485 pending) be affected if I have received unemployment benefits in the past? EAD validity for this was verified by EDD/USCIS.

Attorney Murthy :Generally, a person who receives unemployment benefits should not be affected, as that is not considered a government-paid subsidy. It is paid out of employer funds for their
employees who lose their jobs, etc.

The above is available at:

http://www.murthy.com/chatlogs/ch052206_P.html

Requesting more information from IV members and if they can call their state's employment commission and their attorneys to find out more on this topic. It may help a lot of people in this forum who are between jobs.

[immigrationvoice1]

bump

[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"