Unemployement trouble!

[NikLR 13,232]

With the hundreds of thousands of people who have been in the same situation I thought you might know one.

Nope, I work for a large corporation and my husband works for the FAA.

[EM_Vandaveer 2,408]

You are not entitled to unemployment benefits as you were working illegally. As long as you did not lie on the AOS forms (meaning you did put your illegal employment there), you are good to go as working illegally is forgiven to spouses of USCs. If you did omit it on the forms then I don't know. USCIS does not like being lied to. On the other hand they may find it irrelevant as it would have been forgiven anyway.

[kris&me 572]

Working as a subcontractor he would have had to show contractor's liability insurance. I doubt he knew of this so the employer still is in trouble

Giving him a statement to enable him to collect unemplyment taxes means he thought of him as employee not subcontractor.

Did the worker have a SS card?

and what happened to all the taxes the emplyoyer withheld for over a year?

He was suppose to quarterly send them in along with umemployment and insurance payments, medicare withhoulding< etc. This should have been caught and noticed in the first quarter of his work.

You need to look at pay stubs to see if he withheld taxes ? Get a lawyer if he did as he probably did not pay them in for you. Did you claim this income on 2014 returns? So much here you need help with

[Andrei25 12]

http://www.alllaw.com/articles/nolo/us-immigration/unauthorized-employment-while-green-card-is-pending.html

https://www.uscis.gov/working-united-states/information-employers-employees/information-employers-and-employees

So the big question is, how long have you been working without the EAD?

Something like 5 months...

[Andrei25 12]

Working as a subcontractor he would have had to show contractor's liability insurance. I doubt he knew of this so the employer still is in trouble

Giving him a statement to enable him to collect unemplyment taxes means he thought of him as employee not subcontractor.

Did the worker have a SS card?

and what happened to all the taxes the emplyoyer withheld for over a year?

He was suppose to quarterly send them in along with umemployment and insurance payments, medicare withhoulding< etc. This should have been caught and noticed in the first quarter of his work.

You need to look at pay stubs to see if he withheld taxes ? Get a lawyer if he did as he probably did not pay them in for you. Did you claim this income on 2014 returns? So much here you need help with

I do have SS, and I was paid by checks and also receiving paystubs, where it was showing the taxes.

[newacct 688]

You are not entitled to unemployment benefits as you were working illegally.

Says who? The qualifications for getting unemployment insurance are that the employer paid the unemployment tax, the employer let you go, and you are now available to work legally.

[EM_Vandaveer 2,408]

The burden is always on the employer to make sure they hire someone who is eligible, so if anything they would be the one in trouble.

http://smallbusiness.chron.com/penalties-hiring-illegal-workers-65282.html

http://www.legalmatch.com/law-library/article/penalties-for-employers-hiring-illegal-immigrants.html

In regards to unemployment benefit, I found the following:

"Unemployment Eligibility

• To collect unemployment benefits, you must meet certain criteria. Aside from having accrued enough quarters, you must be a U.S. citizen or a legal resident who is authorized to work in the United States. By sheer virtue of an illegal immigrant's work status in the United States, he is not entitled to any unemployment benefits, because he obtained his employment illegally.

http://www.ehow.com/info_8401418_unemployment-benefits-illegals.html

http://www.sikhcoalition.org/documents/pdf/eligibility-unemployment.pdf

http://www.ows.doleta.gov/dmstree/uipl/uipl86/uipl_0186.htm