File for unemployment using EAD while on pending AOS?

[rockstar 0]

Hi,

I am in pending AOS status through marriage to my wife, who is a USC. We are fairly fair along in the greencard process and have been told we are "in queue for interview scheduling" for the Adjustment of status.

Today, we received notice that my EAD and my Advanced Parole documents were approved and ordered for production.

I am currently still working on my TN. I did NOT include any of my income in my AOS package - my wife is my only sponsor and makes enough to sponsor me.

My questions:

1. My company did a big round of layoffs in March and is about to do another round with announcements two weeks from today. If I am laid off, will I be able to apply for unemployment since I will have my EAD to show that I have work authorization? I meet all of the other requirements for unemployment.

2. If the answer to number 1 is "yes" - will filing or collecting unemployment harm my opportunity to AOS for a greencard? I know that unemployment is NOT considered public charge assistance, and I am not using my income in the financial documents for AOS.

ANY HELP would be much and greatly appreciated!

[NigeriaorBust 4,087]

If you are working a job where you are paying into unemployment insurance then you have a right to collect if you are laid off and meet any other requirements. It is insurance so there are a few jobs where nothing is paid into the find so you get nothing.

[Ian H. 207]

I'm not sure about the EAD, but I believe you should be able to collect unemployment while it's valid. I know someone that wasn't able to collect his UI benefits because his EAD expired. I'm not sure how that worked out though. They should let you know if you qualify for the benefits after you apply. If you don't qualify for the benefits while you have the EAD, I believe they still let you claim the benefits, but they may not give you the money until after you become an LPR. This greatly depends on the state since they all have different requirements. Also, UIB doesn't fall under public charge because this is something that you and your employer pay into. Therefore, it will have no effect whatsoever on your application.