AOS FILERS: DECEMBER 2008

[PatNa 0]

Hey Everyone,

It's great to see people getting their EADs and Interview notices, gives the rest of us hope (and anxiety) that we will be getting ours soon too...

My question is of a little different nature... As I have been employed, prior to getting laid off with the rest of the factory of 2700, on H1B status, I'm trying to set up my unemployment benefits and other benefits (TRA) to get some income coming in while I'm looking for another job (hopefully EAD will be there by then, or rather hopefully I'll have some sort of a job opportunity by the time I get my EAD). I know they require that you are able to work, but I figured my EAD should be getting in soon, so I wanted to get started early since I already have all the paperwork from them about the amount I will receive etc... One of the requirements though is to be registered with the state's employment web-site. On there they ask for your citizenship status. And when I put Alien, they ask for my A number (which I now have from the NOA notices).

But the question I have is they also ask for the ALIEN REGISTRATION EXPIRATION DATE... What date would that be? And even after I get my EAD card, will that date be on there? How do I find this out?

Appreciate your thoughts. I know a few of you are in the same boat as far as H1Bs and being laid off...

You can not apply for unemployment benefits. If you get one, your sponsor will pay for it.

Why is that Diazy? I was under impression that once I got my EAD, I can apply for unemployment insurance... I would qualify under all of their requirements that were listed in the paperwork they sent to me. The conditions listed were:

a) Monetary qualification (which I qualify and already have the "Monetary Determination" letter from the state)

B) Separation Qualification (which I also qualify for that, since the lay-off was through no fault of my own)

c) Weekly eligibility requirements which are:

- be able to work and be available to work (which I will be once I receive my EAD card).

- be willing to accept suitable work if offered and apply for suitable work when referred to by the state.

So I'm pretty sure I can apply once I have my EAD. My company and I have paid into the unemployment insurance pot all the years that I have been working...

AOSfiler13,

Do not apply for unemployment benefits!! One is not eligible as a Permanent Resident because in order to become a PR you have to complete the I-864, Affidavit of Support. By submitting this form with your I-485 application your sponsor is stating that you (the immigrant) will not become a ward of the State. Sponsor is essentially signing a contract with the U.S. Gov saying they will take care of your needs and that way the Fed, State or local government does not have to spend any public funds on you. Read the wording below. I pretty much cut and paste from the application so you should look at the application and instructions to really make sure you are eligible.

I-864, Affidavit of Support

Under Section 213A of the Act

Employment-based preference immigrants in cases onlywhen a U.S. citizen or lawful permanent resident relative filed the immigrant visa petition or such relative has asignificant ownership interest (five percent or more) in the entity that filed the petition.

How Is This Form Used?

This form is a contract between a sponsor and the U.S.Government. Completing and signing this form makes you the sponsor. You must show on this form that you have enough income and/or assets to maintain the intending immigrant(s) and the rest of your household at 125 percent of the Federal Poverty Guidelines. By signing Form I-864, you are agreeing to use your resources to support the intending immigrant(s) named in this form, if it becomes necessary.

Any intending immigrant who has earned or can be credited with 40 qualifying quarters (credits) of work in the UnitedStates. In addition to their own work, intending immigrants may be able to secure credit for work performed by aspouse during marriage and by their parent(s) while the immigrants were under 18 years of age. The Social SecurityAdministration (SSA) can provide information on how tocount quarters of work earned or credited and how toprovide evidence of such. See the SSA website atwww.ssa.gov/mystatement/credits for more information;

The submission of this form may make the sponsored immigrant ineligible for certain Federal, State, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your resources and assets as available to the sponsored immigrant in determining his or her eligibility for the program.

If the immigrant sponsored in this affidavit does receive one of the designated Federal, State or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those benefits. That agency can sue you if the cost of the benefits provided is not repaid.

Not all benefits are considered to be means-tested public benefits. See Form I-864P, Poverty Guidelines, for more information on which benefits may be covered by this definition, or the contract on Page 6 of this form for a list of benefits explicitly not considered means-tested public benefits.

[Diazy 10]

PatNa, java script:add_smilie("","smid_13")

We did the same search=)

[PatNa 0]

PatNa, java script:add_smilie("","smid_13")

We did the same search=)

Brilliant!

I just saw that as well.

Great minds....

[wackodacko 0]

whoa whoa... to my understanding, MEANS TESTED benefits are things such as welfare, food stamps, Low Income Home Energy Assistance, and other things you have to "qualify" for by showing your low-income or no-income.

UNEMPLOYMENT benefits is NOT a "means tested" public benefit, just a regular Federal Benefit, and is funded by Employers who pay into the unemployment insurance fund. So....as far as I know, your sponsor will NOT have to pay back the government, should you choose to collect unemployment. (You're entitled to it...heck - your employer paid into the fund that pays you the unemployment!)

Anyway, you can double check with your lawyer, but do a search online and you'll find out that collecting unemployment does NOT fall under "means tested public benefits"

On another note..I got my EAD card in the mail yesterday. It was post marked Feb 9th, receieved Feb 12th. I guess that should be good news, but my husband owns his own biz so really has no use for this card (we just applied cuz it was free with the whole AOS packet..hehehe) We're still waiting for that darned interview date!!

[AOSfiler13 0]

Hey Everyone,

It's great to see people getting their EADs and Interview notices, gives the rest of us hope (and anxiety) that we will be getting ours soon too...

My question is of a little different nature... As I have been employed, prior to getting laid off with the rest of the factory of 2700, on H1B status, I'm trying to set up my unemployment benefits and other benefits (TRA) to get some income coming in while I'm looking for another job (hopefully EAD will be there by then, or rather hopefully I'll have some sort of a job opportunity by the time I get my EAD). I know they require that you are able to work, but I figured my EAD should be getting in soon, so I wanted to get started early since I already have all the paperwork from them about the amount I will receive etc... One of the requirements though is to be registered with the state's employment web-site. On there they ask for your citizenship status. And when I put Alien, they ask for my A number (which I now have from the NOA notices).

But the question I have is they also ask for the ALIEN REGISTRATION EXPIRATION DATE... What date would that be? And even after I get my EAD card, will that date be on there? How do I find this out?

Appreciate your thoughts. I know a few of you are in the same boat as far as H1Bs and being laid off...

You can not apply for unemployment benefits. If you get one, your sponsor will pay for it.

Why is that Diazy? I was under impression that once I got my EAD, I can apply for unemployment insurance... I would qualify under all of their requirements that were listed in the paperwork they sent to me. The conditions listed were:

a) Monetary qualification (which I qualify and already have the "Monetary Determination" letter from the state)

B) Separation Qualification (which I also qualify for that, since the lay-off was through no fault of my own)

c) Weekly eligibility requirements which are:

- be able to work and be available to work (which I will be once I receive my EAD card).

- be willing to accept suitable work if offered and apply for suitable work when referred to by the state.

So I'm pretty sure I can apply once I have my EAD. My company and I have paid into the unemployment insurance pot all the years that I have been working...

I told you you can apply for it, but then your sponsor who signed Affidavit will pay for it. Here is some quotes from I864 instructions:

How Is This Form Used?
This form is a contract between a sponsor and the U.S.Government. Completing and signing this form makes you the sponsor. You must show on this form that you have enough income and/or assets to maintain the intending immigrant(s) and the rest of your household at 125 percent of the Federal Poverty Guidelines. By signing Form I-864, you are agreeing to use your resources to support the intending immigrant(s) named in this form, if it becomes necessary.
The submission of this form may make the sponsored immigrant ineligible for certain Federal, State, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your resources and assets as available to the sponsored immigrant in determining his or her eligibility for the program.
If the immigrant sponsored in this affidavit does receive one of the designated Federal, State or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those benefits. That agency can sue you if the cost of the benefits provided is not repaid.
Not all benefits are considered to be means-tested public benefits. See Form I-864P, Poverty Guidelines, for more information on which benefits may be covered by this definition, or the contract on Page 6 of this form for a list of benefits explicitly not considered means-tested public benefits.

And here is the page 6 from contract:

If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then until your obligations under the Form I-864 terminate, your income and assets may be considered ("deemed") to be available to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits and also for State or local means-tested public benefits, if the State or local government's rules provide for consideration("deeming”) of your income and assets as available to the person.
This provision does not apply to public benefits specified in section 403© of the Welfare Reform Act such as, but not limited to, emergency Medicaid, short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; and means-tested programs under the Elementary and Secondary Education Act

It is a pity that you and your sponsor hadn't read what you signed

Hey itzy, I finally received a biometrics letter, yayyyy!!! after more than 2 months. I'm so happy! I'm gonna cancel my infopass for this tuesday. My husband was so excited to give the letter to me because he knows how long ive been waiting, lol. A big sigh of relief! It's for both my I-485 and I-765 and it's scheduled February 24. Hope you'll get yours too. Did u place a service request already? I did, twice and found out that the first one wasn't forwarded to the processing center, and i don't know why. So im glad i did it once more.

Finally you got it!!!! Congrats!

Aaah, I-864!!! Of course we read it... I really just didn't even think about it, so thank you for reminding me. Sounds like you are absolutely correct!

[AOSfiler13 0]

whoa whoa... to my understanding, MEANS TESTED benefits are things such as welfare, food stamps, Low Income Home Energy Assistance, and other things you have to "qualify" for by showing your low-income or no-income.

UNEMPLOYMENT benefits is NOT a "means tested" public benefit, just a regular Federal Benefit, and is funded by Employers who pay into the unemployment insurance fund. So....as far as I know, your sponsor will NOT have to pay back the government, should you choose to collect unemployment. (You're entitled to it...heck - your employer paid into the fund that pays you the unemployment!)

Anyway, you can double check with your lawyer, but do a search online and you'll find out that collecting unemployment does NOT fall under "means tested public benefits"

On another note..I got my EAD card in the mail yesterday. It was post marked Feb 9th, receieved Feb 12th. I guess that should be good news, but my husband owns his own biz so really has no use for this card (we just applied cuz it was free with the whole AOS packet..hehehe) We're still waiting for that darned interview date!!

Wow.... lol. I guess I may have rushed with my last comment! I agree with Wacko that my employer and I did pay into the unemployment insurance fund... So that's why I felt entitled. It does seem different from welfare and it's not means-tested, meaning they don't check your income to make a determination (they did check my past income to see how much money I qualify for, but that was based on previous salary). So I guess I have to check with a lawyer on this one...

Thanks again for pointing this out Wackodacko.

Also, thanks to Diazy and others for pointing out the I-864 conditions, because I completely forgot about that affidavit.

See this is why this web-site is great! This seems to be really a "grey" topic, so it's good that we're having a discussion about it.

[Thee_Rak 0]

See this is why this web-site is great! This seems to be really a "grey" topic, so it's good that we're having a discussion about it.

It is good we, a bunch of ill-informed lay people, are discussing it but I would STRONGLY suggest that you ask a professional about this b/4 you make an application for any kind of government benefits.

[mimimimimi 0]

Guys, this is not about the government benefits thing. I agree, IT IS NOT a government benefit.

The thing is, you are only entitled to receive it if you're a permanent resident. In my state labor website, it asks for an A# but ALSO for your green card, when you are applying for unemployment.

Believe me, I was also desperate to get it after working here day and night for 2 years... but I prefer not to jeopardize my application.

Edited February 14, 2009 by mimigrant

[mimimimimi 0]

Guys, this is not about the government benefits thing. I agree, IT IS NOT a government thing.

The thing is, you are only entitled to receive it if you're a permanent resident. In my state labor site, it asks for an A# but ALSO for your green card, when you are applying for unemployment.

[Soancika+Brian 0]

Happy Valentine's Day to everyone !!!

[mary'n'ev 0]

Guys, this is not about the government benefits thing. I agree, IT IS NOT a government benefit.

The thing is, you are only entitled to receive it if you're a permanent resident. In my state labor website, it asks for an A# but ALSO for your green card, when you are applying for unemployment.

Believe me, I was also desperate to get it after working here day and night for 2 years... but I prefer not to jeopardize my application.

I've been searching for a government site that expicitly states UI compensation is exempt as a means tested benefit, found one:

4.5.6.4 Repayments for non-means tested sources that are withheld

Disregard repayments (not due to a FS IPV) from benefits payable to the food unit that are withheld from a non means-tested assistance payment or other source of income due to an overpayment.

Non-means tested programs are those which do not base eligibility on income and assets. Social Security and Unemployment Compensation (UC Unemployment Compensation) are examples of a non-means tested source.

Source: http://www.emhandbooks.wi.gov/fsh/Policy_F.../4/45/4-5-6.htm (search unemployment).

If one qualifies for UI with an EAD, why not? They bought into it, take it.

Edited February 14, 2009 by mary'n'ev

[Diazy 10]

whoa whoa... to my understanding, MEANS TESTED benefits are things such as welfare, food stamps, Low Income Home Energy Assistance, and other things you have to "qualify" for by showing your low-income or no-income.

UNEMPLOYMENT benefits is NOT a "means tested" public benefit, just a regular Federal Benefit, and is funded by Employers who pay into the unemployment insurance fund. So....as far as I know, your sponsor will NOT have to pay back the government, should you choose to collect unemployment. (You're entitled to it...heck - your employer paid into the fund that pays you the unemployment!)

Anyway, you can double check with your lawyer, but do a search online and you'll find out that collecting unemployment does NOT fall under "means tested public benefits"

On another note..I got my EAD card in the mail yesterday. It was post marked Feb 9th, receieved Feb 12th. I guess that should be good news, but my husband owns his own biz so really has no use for this card (we just applied cuz it was free with the whole AOS packet..hehehe) We're still waiting for that darned interview date!!

Wow.... lol. I guess I may have rushed with my last comment! I agree with Wacko that my employer and I did pay into the unemployment insurance fund... So that's why I felt entitled. It does seem different from welfare and it's not means-tested, meaning they don't check your income to make a determination (they did check my past income to see how much money I qualify for, but that was based on previous salary). So I guess I have to check with a lawyer on this one...

Thanks again for pointing this out Wackodacko.

Also, thanks to Diazy and others for pointing out the I-864 conditions, because I completely forgot about that affidavit.

See this is why this web-site is great! This seems to be really a "grey" topic, so it's good that we're having a discussion about it.

Here is another source:

Immigrants’ Access to Public Benefits

Edited February 14, 2009 by Diazy

[Diazy 10]

A ``Federal public benefit'' includes ``any grant, contract, loan, professional license, or commercial license'' provided to an individual, and also ``any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit.''

Source: http://www.acf.hhs.gov/programs/ocs/liheap...cs/im98-25.html

But I think the best way to consult an attorney or even USCIS about it.

[mimimimimi 0]

Guys, UNEMPLOYMENT benefits is NOT a "means tested" public benefit. BUT you CANNOT get it if you don't have a green card!!! Be careful not to jeopardize your AOS application.

whoa whoa... to my understanding, MEANS TESTED benefits are things such as welfare, food stamps, Low Income Home Energy Assistance, and other things you have to "qualify" for by showing your low-income or no-income.

UNEMPLOYMENT benefits is NOT a "means tested" public benefit, just a regular Federal Benefit, and is funded by Employers who pay into the unemployment insurance fund. So....as far as I know, your sponsor will NOT have to pay back the government, should you choose to collect unemployment. (You're entitled to it...heck - your employer paid into the fund that pays you the unemployment!)

Anyway, you can double check with your lawyer, but do a search online and you'll find out that collecting unemployment does NOT fall under "means tested public benefits"

On another note..I got my EAD card in the mail yesterday. It was post marked Feb 9th, receieved Feb 12th. I guess that should be good news, but my husband owns his own biz so really has no use for this card (we just applied cuz it was free with the whole AOS packet..hehehe) We're still waiting for that darned interview date!!

[mary'n'ev 0]

Guys, UNEMPLOYMENT benefits is NOT a "means tested" public benefit. BUT you CANNOT get it if you don't have a green card!!! Be careful not to jeopardize your AOS application.

whoa whoa... to my understanding, MEANS TESTED benefits are things such as welfare, food stamps, Low Income Home Energy Assistance, and other things you have to "qualify" for by showing your low-income or no-income.

UNEMPLOYMENT benefits is NOT a "means tested" public benefit, just a regular Federal Benefit, and is funded by Employers who pay into the unemployment insurance fund. So....as far as I know, your sponsor will NOT have to pay back the government, should you choose to collect unemployment. (You're entitled to it...heck - your employer paid into the fund that pays you the unemployment!)

Anyway, you can double check with your lawyer, but do a search online and you'll find out that collecting unemployment does NOT fall under "means tested public benefits"

On another note..I got my EAD card in the mail yesterday. It was post marked Feb 9th, receieved Feb 12th. I guess that should be good news, but my husband owns his own biz so really has no use for this card (we just applied cuz it was free with the whole AOS packet..hehehe) We're still waiting for that darned interview date!!

Just to add to the discussion:

In Kansas, if one meets the "lawfully admitted" standard established under Sec. 212(d)(5) of the federal immigration and nationality act and performed services that qualified for UI under KS statute 44-706, should be, legally speaking, eligible for UI if they meet the standards of the UI program (i.e. the week long probation period, documented attempts to look for work, etc.).

In this case, if you were lawfully admitted into the country to work (prior to your AOS) and you are still legally eligible to work (you are (EAD)) you should, in Kansas anyways, be eligible to receive UI. In fact, it is your right to collect UI. The federal statute is a little confusing, but that's law for ya.

I stuck with Kansas because it's the state to which I moved and I'm familiar with its government website. States typically adopt federal standards when passing legislation for their state, so there's a good chance the standards are similar in your state.

passage from KS 44-706:

"(m) For any week on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of section 212(d)(5) of the federal immigration and nationality act. 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. 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 such individual's alien status shall be made except upon a preponderance of the evidence."

sources: http://www.kslegislature.org/legsrv-statut...do?number=19044 & http://www.uscis.gov/propub/ProPubVAP.jsp?...e16a4cb816838a4

A prudent immigration lawyer would be better equipped to translate these legal writings. But, in sum, you don't necessarily need a green card to qualify for UC/UI/EI (whatever acronym you wish to use).

Edited February 14, 2009 by mary'n'ev