Eligibility for Unemployment

[runlolarun 0]

hi there!

This is my first post and I am so happy to find this community! I am currently under H1B visa and recently got married to a US citizen. I am working on the paper work to start my green card process and aim to send my paper work out end of this week.

My very pressing question is: Am I eligible to receive unemployment before or during my green card process? My company is doign massive laid offs and there is one coming in 2 days, which would be before I send the paper work out. It is my understanding from a phone call with an atterney that as long as I am married to a US citizen ( which gives me a right to remain in the country) I am fine and should receive unemployment.

I just want to make sure. please advise!

Also, since my husband ( US citizen ) will be "supporting" me in the affidavit of support, if I do get laid off, does it affect my green card case at all?

Your advice is greatly appreciate it!

Thanks

Lola

[rebeccajo 14]

Moving this thread to the appropriate forum.

[one...two...tree 2,762]

I don't think it will be an issue, but your eligibility will be more determined by the length of your employment and how much you've paid into unemployment insurance for your state.

When I was collecting unemployment in CA, I was able to apply online. As long as you have a social security number and have been paying into the system, you should qualify, but they'll be able to tell you when you apply.

[damulag 26]

You need to check with the state you live in. Many have the requirement that you can be employeed and actively looking for employment. Since you were on a H1 visa which is employer specific you can not work for another employer and without a green card or an EAD you can not seek work. So you can not meet the standards for seeking unemployment in some states.

Check with your state unemployment office and maybe you will get lucky. Now if you get your EAD before you are laid off you should qualify.