Unemployment Benefits

[mimimimimi 0]

Hello,

I have applied in December for AOS. Before that, I worked for 2 years in a H1B visa and got laid off in end of October.

I checked and it seemed you needed to have a Green Card to be able to apply for Unemployment benefits. At the time, I didn't even have an A#, so I put it aside.

After I got my NOAs for AOS, I obviously got an A# and now I am thinking again about the possibility of applying for benefits.

My question is: can I apply for unemployment benefits now, only with my A# if I don't have a green card yet? Would that be against the law, even if the online benefits tool accepts it?

Another question - let's say I get my green card around May-June - does anyone know if I can START to receive benefits then, for 20 months if needed, based on my 2 years work up to October?

FYI, as this is an insurance paid to the government by my employer, it doesn't count as government aid and shouldn't jeopardize my AOS application.

--

Please see below the requirements to apply for benefits at the NY Dept. of Labor site.

http://www.labor.state.ny.us/ui/claimantin...edBenefits.shtm

Q: What do I need to have when I file?

A: You should have available:

Your Social Security number

Valid New York State driver’s license or Non-Driver Photo Identification Card number (only if you have either one)

Your complete mailing address and zip code

Telephone number where we can contact you between 8am-5pm, Monday through Friday

Employer Registration number or Federal Employer Identification Number (FEIN) of your most recent employer (FEIN may be found on your W-2 forms), only if you have either

Complete name, address, zip code and phone number of your most recent employer

Alien Registration card number (only if you are not a U.S. Citizen)

Copies of Forms SF 8 and SF 50 if you were a Federal employee in the last 18 months

Copy of your most recent separation form DD214, Member 4, if you are an ex-service member claiming benefits based on your military service

For web applicants only, if you are choosing to have direct deposit of your weekly benefits, you must have a check handy in order to enter your bank routing and checking account numbers

If you do not have this information, you may still file a claim for benefits, although incomplete information may delay your claim and any payments due you.

Edited January 12, 2009 by mimigrant

[payxibka 10,045]

UI is "insurance" funded by employers to a state agency and is not a means tested benefit. I-864 restricts means tested benefits paid for by a federal agency

[Mint518 0]

Hello,

I have applied in December for AOS. Before that, I worked for 2 years in a H1B visa and got laid off in end of October.

I checked and it seemed you needed to have a Green Card to be able to apply for Unemployment benefits. At the time, I didn't even have an A#, so I put it aside.

After I got my NOAs for AOS, I obviously got an A# and now I am thinking again about the possibility of applying for benefits.

My question is: can I apply for unemployment benefits now, only with my A# if I don't have a green card yet? Would that be against the law, even if the online benefits tool accepts it?

Another question - let's say I get my green card around May-June - does anyone know if I can START to receive benefits then, for 20 months if needed, based on my 2 years work up to October?

I do not have personal knowledge, but I checked the website you cited. I would suggest you to wait, at least until receiving EAD card (because until then, you are not allowed to take a new job), and you might have a chance of getting unemployment benefits if you will write a letter to New York State Department of Labor, Central Support Unit, once EAD card arrives with an explanation why you could not apply earlier. Check out following two Q&As.

http://www.labor.state.ny.us/ui/claimantin...ouapplyfaq.shtm

Q

: What if I am not a US citizen, may I still file a claim?

A

: If you are not a U.S. citizen, you may receive unemployment insurance if:

you were working legally when you lost your job

you are legally allowed to take a new job

you meet the other requirements for UI

Q

: When should I file a claim?

A

: You should file your claim during your first week of total or partial unemployment - to delay may cost you benefits. If you have worked or will work four or more days or earn more than $405 gross pay between Monday and Sunday of the current week, you must wait until next Monday to file, if you are still unemployed.

If you apply for unemployment insurance benefits today, your claim will be effective the Monday of the current week.

If you would like to request credit for a period during which no valid claim was filed, write to New York State Department of Labor, Central Support Unit, P.O. Box 15130, Albany, New York 12212. E-mails requests will not be accepted. The letter should include your name, address, telephone number, your Social Security number, the period for which credit is being requested, and the reason why a claim was not filed at that time. The circumstances will be investigated and a determination will be made regarding eligibility for benefits.

Edited January 15, 2009 by Mint518

[mimimimimi 0]

Thanks guys, good advice.

Indeed it only makes sense to give someone unemployment benefits if they are able to work. I wonder though if EAD is enough or if I should wait for the green card.

I also wonder if it will make any difference in IO heads if someone applied for benefits even if they're an insurance your company paid... if they will think I can't support myself and my family.

Another question is if I will get less weeks of benefits because I didn't apply from November when I was laid off. I don't know how these benefits work in the US.

A: If you are not a U.S. citizen, you may receive unemployment insurance if:

you were working legally when you lost your job

you are legally allowed to take a new job

you meet the other requirements for UI [/indent]

Q

: When should I file a claim?

A

: You should file your claim during your first week of total or partial unemployment - to delay may cost you benefits. If you have worked or will work four or more days or earn more than $405 gross pay between Monday and Sunday of the current week, you must wait until next Monday to file, if you are still unemployed.

If you apply for unemployment insurance benefits today, your claim will be effective the Monday of the current week.

[Guitarlo 2]

UI is "insurance" funded by employers to a state agency and is not a means tested benefit. I-864 restricts means tested benefits paid for by a federal agency

Is Obama's Home Affordability Act considered a means tested benefit?

Thanks