Unemployment Benefits - NY

[mimimimimi 0]

I am about to receive a GC. I was really waiting for this as I was in H1B visa and was laid-off end of October, and I wanted to claim unemployment as I've been working here for 2 years now. Everyone instructed me to wait for the GC to claim. People said even though I have an EAD, and am authorized to work, I should wait for the GC arrival to start claiming (Btw, is this true?). So, my main questions are:

1) I was checking the NY Labor website, and they state that you need your "Alien Registration Card Number" to claim. I believe they are talking about your green card, and its number, is that correct? Is this number on your green card the same as the A# assigned to you during the AOS process or the green card has a completely new number?

2) As I didn't claim right after being laid off because I did not have a GC then, how will they calculate this thing they call "base period"? I haven't been working for 5 months now. Will I lose a lot of the weekly benefits? I am supposed to get $400 per week. How much will I get if I haven't been working in the last 4.5 months?

3) Even though I "lost" almost 5 months cause I couldn't claim - will I still be eligible to claim 33 weeks this year, from the moment I get the GC in the next few days?

[Old Dominion 26]

Each state is different. Go to your nearest state unemployment claims office and work it out with one of the staff. Because of the significant sum of money involved, it's worth sitting there and waiting.

[Donna A 4]

in ohio if you dont sign up the first week you are unemployed you cant get unemployment.

[mimimimimi 0]

Old Dominion, I think that's a good idea, as it seems unless you really register, you can't talk to a representative on the phone.

But - should I wait to get the GC on the mail though? No one seems to know clearly if you can do it with an EAD + A# or if you really need the green card in hand.

Donna A, I think this is one of the so called "Unemployment Myths". Look what I found - it's from a NY website, but somehow it would make sense in a federal sense too:

MYTH #7: I missed the deadline to file for UI.

FACT: There is no deadline to apply for unemployment insurance. It is best to apply as soon

as you lose your job, but you can apply anytime after you become unemployed as long as you are

still unemployed and seeking work. If you realize six months or even eight months AFTER losing

your job that you may be eligible, and you are still unemployed, you CAN still apply and receive

up to 26 weeks of unemployment insurance. However, as the chart above shows, your income

eligibility is calculated by past quarters of work. If you don’t file within one year of losing your job,

you will not have income left in your base periods to establish a claim.

[Old Dominion 26]

Anyone can go visit the state unemployment office. (In Virginia, it's called Workforce Virginia). They will tell you if you need your green card. I have a feeling that in some states, so long as you worked legally, you don't need the green card. At any rate, only the unemployment office can tell you what to do. They also maintain good listings of available jobs.

[mimimimimi 0]

Somehow, I just can't find on their site or googling WHERE is the unemployment office in NY!

I also can't reach a real person when I call them.

Does anyone know where is it?

Anyone can go visit the state unemployment office. (In Virginia, it's called Workforce Virginia). They will tell you if you need your green card. I have a feeling that in some states, so long as you worked legally, you don't need the green card. At any rate, only the unemployment office can tell you what to do. They also maintain good listings of available jobs.

[damulag 26]

I would say you would not qualify. As an employee on a H1B Visa you are allowed to only work for a specific employer if you are layed off you can not be activly be looking for another job since you can not be employeed by another employer under your H1B. You have only had the EAD for 1 month now and have been layed off for 5 months. The problem is that you were not legally allowed to take a new job when your sponser layed you off.

From the web site: http://www.labor.state.ny.us/index.htm

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

[Old Dominion 26]

Go to that link and you will find information on all of the offices in the state. You don't need to be calling ... just go there.

[mimimimimi 0]

I am not a H1B anymore. I was in that AOS limbo for some months, and now my AOS was approved.

Where did you see that me not being able to get a new job when I was laid off is a problem in order to receive unemployment now, that I am allowed to take any job? Link please?

you were working legally when you lost your job - I was working legally - on a H1B

you are legally allowed to take a new job - I am legally allowed - I have an EAD, and my gc was approved

you meet the other requirements for UI - from what I read online, I do meet them

Old Dominion, I was in that site - still, couldn't find the unemployment offices!

I would say you would not qualify. As an employee on a H1B Visa you are allowed to only work for a specific employer if you are layed off you can not be activly be looking for another job since you can not be employeed by another employer under your H1B. You have only had the EAD for 1 month now and have been layed off for 5 months. The problem is that you were not legally allowed to take a new job when your sponser layed you off.

From the web site: http://www.labor.state.ny.us/index.htm

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

Edited March 24, 2009 by mimigrant

[mimimimimi 0]

Aright, so I managed to speak to a real person at NYS Dept. of Labor. She told me there are no unemployment offices in NY - it's all done online. She told me I have the right to ask for UI, (online), then a call center will determine if I am entitled to receive UI. She said that until I finally go ahead and claim, they can't really tell me if I am entitled to it. She said I won't be penalized for trying to receive if we find out later that I am not really eligible. Interesting.

I am not a H1B anymore. I was in that AOS limbo for some months, and now my AOS was approved.

Where did you see that me not being able to get a new job when I was laid off is a problem in order to receive unemployment now, that I am allowed to take any job? Link please?

you were working legally when you lost your job - I was working legally - on a H1B

you are legally allowed to take a new job - I am legally allowed - I have an EAD, and my gc was approved

you meet the other requirements for UI - from what I read online, I do meet them

Old Dominion, I was in that site - still, couldn't find the unemployment offices!

I would say you would not qualify. As an employee on a H1B Visa you are allowed to only work for a specific employer if you are layed off you can not be activly be looking for another job since you can not be employeed by another employer under your H1B. You have only had the EAD for 1 month now and have been layed off for 5 months. The problem is that you were not legally allowed to take a new job when your sponser layed you off.

From the web site: http://www.labor.state.ny.us/index.htm

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

[damulag 26]

Here is the link, it was under the "Claimant Frequently Asked Questions (FAQ)" before you apply

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

Five months ago you did not have an EAD so you were not eligable for work. You would need a new H1B sponsor and all of the H1B visas are taken for 2009. Now if you were still working for the company when you received your EAD then you could have requested it because you were employable. After you left empoyment of your sponsor until your AOS is granted you are in an immigration limbo. Again this is my interpretation of the rules.

[mimimimimi 0]

alright, just an update:

I did claim for UI, as instructed per the Dept. of Labor on the phone. They told me that they will only know if I am eligible when I claim, and that there will be no harm for me in case I don't qualify.

Obviously, the reason I could claim now is because my AOS was approved these days. If I was still ONLY a H1B holder, I would not qualify.

I got their determination these days, and I do qualify for the full benefit although I haven't worked since I was laid-off (as a H1B) about 5 months ago. I was almost sure they would calculate the benefit including the months I did not work and I wouldn't get the full benefits, but, voilá - they picked my higher wages, which is great and fair!

They told me on the phone that I should send them a copy of the GC (probably because you only use the A# to apply online, so they might have to make sure that you're a permanent resident) which means that in NY State - only permanent residents (who have worked and qualify) can get UI - EAD holders can't. This has always been a big mystery for me. Solved.

Hmm, interesting... Very good, as I've been trying to find a job and right now... there are none!

I would say you would not qualify. As an employee on a H1B Visa you are allowed to only work for a specific employer if you are layed off you can not be activly be looking for another job since you can not be employeed by another employer under your H1B. You have only had the EAD for 1 month now and have been layed off for 5 months. The problem is that you were not legally allowed to take a new job when your sponser layed you off.

From the web site: http://www.labor.state.ny.us/index.htm

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

Edited March 27, 2009 by mimigrant