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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 05-15-2009, 01:46 AM
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Oct-06
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11/06/2006
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supreet has a little shameless behaviour in the past
Default Using ARRA after getting laid off on EAD

Hello All,

I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.

I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.

My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?

Thanks for all your answers.

S
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  #2 (permalink)  
Old 05-15-2009, 02:08 AM
Senior Member
Priority Date
:
Oct-06
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:
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I140 Mailed Date
:
07-22-2007
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:
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:
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Posts: 375
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Post my 2 cents

I am not sure but i don't think you should have any problem when applying for ARRA nor unemployment. In CA the employer pays 220 dollars(2/3) and i have to pay $100 per month(1/3) . The employer gets 2/3 of the paid insurance by claiming on tax return. I think it is a federal benifit added by Obama during this recession.
however you would 90 days time to think if you want to take AARA.

Also check with your immigration attorney as well as other IV members.

Source:-
I am laid off from last 7 weeks. I did not take ARRA since i don't think i would be sick till i get another job. If i am sick i can still manage with local desi/mexician doctors who charge a small fee. I took unemployment Insurance and i am getting unemployment cheques. The only change is that instead of offering 54 weeks (as in CA) they are offering around 28 weeks since we don't have green card/citizenship.
One of the IV member, I know took Uninsurance benifits. He got 30 weeks of UI whereas the state gives 59 weeks of UI.
the extended UI is a part of federal benifits and we don't get it. Unemployment is a insurance and we are paying from every paycheck we get.
If you are thinking of taking UI please PM me for more information.

J thomas


Quote:
Originally Posted by supreet View Post
Hello All,

I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.

I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.

My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?

Thanks for all your answers.

S

Last edited by jthomas; 05-15-2009 at 02:12 AM.
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  #3 (permalink)  
Old 06-03-2009, 02:57 AM
Senior Member
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Mar-05
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Default

Quote:
Originally Posted by supreet View Post
Hello All,

I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.

I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.

My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?

Thanks for all your answers.

S
Hi Surpreet,

Did you explore more on ARRA? Is it OK to take that benifit during AOS?

Thanks
__________________
PD: 03/10/2005, EB2-I
I140 approved on 09/21/2007
RD: 08/02/2007, ND: 09/17/2007 @NSC
Baware of giving RED DOTS - you are reducing chances of getting genuine answer from me to youself as well as fellow legal immigrants - my way of Gandhigiri
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  #4 (permalink)  
Old 06-03-2009, 12:13 PM
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:
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Post

Quote:
Originally Posted by Dhundhun View Post
Hi Surpreet,

Did you explore more on ARRA? Is it OK to take that benifit during AOS?

Thanks
I came across one member who is taking ARRA in Northern california. He is a frequent visitor to IV forumn.

I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.

J Thoams
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  #5 (permalink)  
Old 06-03-2009, 04:19 PM
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Quote:
Originally Posted by jthomas View Post
I came across one member who is taking ARRA in Northern california. He is a frequent visitor to IV forumn.

I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.

J Thoams
Thanks Thomas.
__________________
PD: 03/10/2005, EB2-I
I140 approved on 09/21/2007
RD: 08/02/2007, ND: 09/17/2007 @NSC
Baware of giving RED DOTS - you are reducing chances of getting genuine answer from me to youself as well as fellow legal immigrants - my way of Gandhigiri
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  #6 (permalink)  
Old 06-07-2009, 05:42 PM
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supreet has a little shameless behaviour in the past
Default

Quote:
Originally Posted by Dhundhun View Post
Hi Surpreet,

Did you explore more on ARRA? Is it OK to take that benifit during AOS?

Thanks
Hi Dhundhun,

Sorry for my late response. After thinking long and hard, I have actually taken ARRA for my health insurance. I have decided not to go for Unemplyment. I read about a specific case somewhere online where an applicant got a RFE on his 485 after applying for unemployement. I am not sure if RFE was because of unemployement, but on that forum a lot of people suspected that applying for umpl could be one of the reasons.
For me, I was really running out of options, without ARRA, health insurance would have costed me over $1500 so I went for it.

Thanks
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  #7 (permalink)  
Old 06-07-2009, 09:58 PM
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Default

Quote:
Originally Posted by supreet View Post
Hi Dhundhun,

Sorry for my late response. After thinking long and hard, I have actually taken ARRA for my health insurance. I have decided not to go for Unemplyment. I read about a specific case somewhere online where an applicant got a RFE on his 485 after applying for unemployement. I am not sure if RFE was because of unemployement, but on that forum a lot of people suspected that applying for umpl could be one of the reasons.
For me, I was really running out of options, without ARRA, health insurance would have costed me over $1500 so I went for it.

Thanks
A friend of mine was laid off few months back and he applied for unemployement benefits. USCIS called his company to check his employement situation before making a decision on his case (he was current at the time). The company said he was laid off and so his 485 was rejected. he has filed a MTR. I dont think the unemployement had anything to do with it. But its better not to apply for any government aid if possible. There are many people who have applied for unemployement. It would be interesting to find out if they had issues during the 485 approval
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  #8 (permalink)  
Old 06-07-2009, 11:11 PM
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Post

Quote:
Originally Posted by mrane1 View Post
....... But its better not to apply for any government aid if possible. There are many people who have applied for unemployement. It would be interesting to find out if they had issues during the 485 approval
1. Unemployment benifit is not a goverment aid. Its a insurance which is deducted from every paycheck.
2. Goverment aid has increased the insurance from almost 6 months to almost one year. However we are not qualified for the goverment aid. Unemployment benifit people have given be 28 weeks instead of 54 weeks (in CA). One of my friend in Mass (boston) got 30 weeks instead of 59 weeks. So in this case they automatically remove us from goverment benifits.

Apply or not its your personal choice. Research about it from good sources and if you wish apply for it.

Secondly, Unemployment insurance is around 450 to 650 dollars a week and depends on the state. If you decide to apply for it then please think about CONTRIBUTING some dollars to IV.
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  #9 (permalink)  
Old 06-22-2009, 06:18 PM
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Apr-04
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allybarbar is on a distinguished road
Default

I worked in Boston. I was laid off Friday. I have been advised by 2 immigration lawyers that it is ok to file for Unemployment benefits. I filed today. I will let you know the outcome. The lady at Unemployment office seems to think there is no reason i won't get it, but shes really just a data entry person really. Fingers crossed i hear nothing.

Specifics of my case are i am an EB3 doing the i-140 and the 485 at the same time. The notice on the i140 is feb 2008 recieved april 2007, the i485 notice is oct 2007. I received an RFE in late May but it was only for the medical which they have lost. I have done that, mailed it back in and heard nothing more. When you fill out the unemployment form in MA though there is a space for your USCIS A#. That would possibly be where the information gets back to the USCIS to request a proof of employment. My lawyer said there is an outside chance i will get another RFE but its unlikely. My company has been advised to send a notice of termination to the USCIS for my old H1B anyway so unemployment is the least of my worries. We'll see. If that happens my fiance and I will have to head to the registry office earlier than the reception day we paid for. I really hope they do not ask. I know hopes not the best course, but thats what I chose to do.
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