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Going on unemployment--pros and cons..

04-01-2009, 10:12 AM
I have been searching a job for over 3 months now with little or no effect and don't see any light at the end of the tunnel. My H1-B expired on 7th of March 2009 and I have a valid EAD of course I have not been able to use it so far. My ex-employer has already sent revocation letter of my company sponsored H1-B but my I-140 is approved and valid and not revoked and as anyone else I am well over the 180 days rule.

My only reason for not taking the UI (unemployment insurance) was that it may trigger an RFE. But I have been loosing money for all the taxes I paid and I may anyway get an RFE as my H1-B is revoked and USCIS must have been aware of it.

Also UI is a State Prerogative and I am in the state of Mass and I have friends on EAD taking UI. My question to you is what are the possibilities of incurring a RFE based on UI application. I have spent over a significant period of my time thinking over GC and now I am loosing y patience, I'd rather keep myself financially solvent than wait for the elusive GC and with the random nature of RFEs anyone and everyone can get a RFE.

Anyone in the forum on EAD taking UI could you plz share ur experiences.

Regards,

SoP

I read somewhere in the forum (i dont have the link, you may have to google it), one of the guys in AOS status has claimed unemployment benefits with the state. Few weeks later, officials were at his door step and he was put into immigration proceedings & placed before judge... No idea, what happen after that. If someone says, I did this, did that and I am OK - it may not hold true for you - Dont put yourself at risk. I would strongly recommend get an attorney to evaluate your options. Most imporantly, get a job - Your PD very close

There is a difference between UI and any other type of benefit you get because of job loss. The insurance is just like any insurance you would have on your home, car, and health. Some companies participate in this and some don't. Even if the company does not participate, I believe there are some unemployment insurances that you can enroll yourself (you'll have to check on this as I'm not 100% sure).

You are are trying to get some money from this, you should be safe. Unless you are getting some benefits from the state.

Thanks for ur reply. Well ur suggestion of "get a job" was quite insightful. That's what I have been trying to do all these months. May be you'd have noticed that US lost 69700 jobs in Feb and 742000 in Mar and almost all companies in my field (High Tech) are in hiring freeze and as you may know that with EAD I can't switch jobs or change my field or get a extraordinarily different salary and all this doesn't make it any easier.

About immigration coming and catching a guy ....that can happen ....but I have checked with a lawyer that there is absolutely no illegal breach of conduct on taking UI on EAD......in the current trend of course it is a bit risky but in the end no one knows...

Thanks for your response. Well I am just east of Worcester area. Anyway I'd call a lawyer a friend of mine referred me too. But I know what his answer would be...he'd tell me to avoid it if I can.....For me I feel I have given enough for this country a huge amount of taxes and Soc security (which I am not goin to see a penny of)....why not take some benefits when I need it......

The whole GC thing seems to be a farce thesedays and ultimately we or a majority of us may have to move back as the future here looks quite volatile...not to say that India is any better but at least we won't have any restrictions working there...

Over here most of the jobs that I am applying (to after considering the eligibility of EAD labor restrictions) are asking for permanent residence minimum or citizenship....and for getting a GC in case you get an RFE you need to have a job...this is like a circular Catch-22 situation.

In the end if I do end up getting an RFE for whatever reason I might just have to get an appointment letter as I know for sure that one can be unemployed on an EAD so I don't need to show pay stubs et al..all I need is an appointment letter...

Thanks

SoP

If a competent lawyer is confident enough to state that you can avail unemployment assistance while on EAD, I think you should. I know of a friend of mine who claimed unemploy. benefits and got a GC later too.

BTW Mass has the per highest weekly unemployment payment in the entire US (upper limit for which most of us qualify) of $653 per week ....if that matters

Thanks for your response. UI is a State prerogative and as long as they are disconnected with USCIS it does not matter.

To give an example a friend of mine who was on EAD in CT is getting her UI from the CT (Connecticut). In fact the lady at the UI office who talked to her didn't even ask for EAD card or green card any such....as per law the state always knows when a person is laid off as they stop getting state taxes so all they ask for is SSN. She was told that even if he goes to India and come back after 5 months she will continue getting UI for the whole period.

Lot of dependent EADs who got laid off were already taking UI from various states.

Also there is hardly much communication between various state organizations and the USCIS...in fact there is always mess up even between the State Department and DHS the July fiasco if you all remember.

Regards,

SoP

True, regulations vary by state. In Mass. being a non-citizen one needs to fax in your EAD/GC copy, drivers license for the claim. Secondly in Mass. one should be able to and ready to work in the week you claim benefit. This makes sitting in India while claiming benefits in Mass. not quite permissible + one has to keep a log and should actively seek work as well with at least 3 contacts/searches per week.

Some things to keep in mind while claiming Mass UI.

Yeah I understand. Also I have not taken any UI for the last 3 months and do not expect to get them either and I have no intention of going to India as I am actively searching jobs here. U r right in Mass they'd ask for EAD copy. Again lawyers have not been able to give me concrete answers as to what is safe and not.

Of course ideally taking no UI will not harm by AOS but not taking it may not help it either as my filing company has already revoked my H1-B with them so they'd know and if I get any RFE I'll ofcourse mention that I was unemployed for a stretch of period and it is not illegal to be unemployed and I can be so on EAD and of course I'd need to produce an appointment letter for a future job (as GC is towards one's future job and not current job)...So ideally taking UI should not hamper with GC proceedings ....but again they don't follow any logic ....it remains to be seen.

SoP

I got laid off on March 23rd I applied for Unemployment benifit. Last week i got a letter with the claim date and will be getting 450 dollars per week (california, highest limit). UI will be reporting to USCIS whether i am eligible to work in US by checking my A#.

Before applying for UI i asked my lawyer and he suggested not to take UI. There is nothing wrong taking UI but USCIS will come to know. I asked as per EAD i can port to self employment. So the question of paystuff does not come. I had a registered firm in CA (25 dollars to file a name). Then created a website at weebly.com as a consultant (free).

As you are right it takes hardly any time to deny. Why should we be scared. Take all the benifits we can. At least we will not lose any savings. I think the max would be applying for a MTR and then get one more year.

I checked the link wandmover talked about. In the end the lawyer assured the issue would be solved.

I would let this forumn know if i have got any issues for porting self employment while on EAD.

J Thomas

Can we poll
EAD guys applied for UI
EAD guys not applied for UI
Got GC and also applied for UI when on EAD

Got laid off!!!

Couldn't believe it! I got laid off last Tuesday! I thought I was immune. All yesterday was wondering what went wrong!I was their best performer (or so I thought )

One thing was for sure someone must have tracked me watching immigration voice

Anyways...am also exploring the UI route (California). I have a couple of questions:

1. Am still on H1b. Should I file AC21 now itself or when I get any job offer?
2. Lets poll who are all taking or planning to take UI.

Welcome to UI. I was in the same boat and i was one of the best performer too. I used to work 12+ hours everyday(Non-IT, Power Electronics Engineer). Whenever they have to lay off they would layoff almost anybody. At my former job the entire project is stopped because they laid me off. They are trying hard to find a replacement.

1. Since you have a EAD card you don't have to do anything.

What is your skillset? Maybe someone can help.

I have a general observation to make. USCIS is much more stringent in enforcing immigration rules now than it used to be about a decade ago.

I remember that earlier taking unemployment benefits on EAD was a norm. It used to be pretty safe. Now it doesn't look like the case.

Also, I remember back in 2001-2002 recession, many guys got their H1 transferred to another company even after missing an entire year's paystubs. Now, H1 extension withing the same company are being denied because of trivial technicalities (like mentioning consulting job in the petition etc).

So whatever decision you take, don't take it on the basis of history. Those days are gone forever.

Great! Thank you. I am J2EE architect in bay area. All jobs seems to have dried up for some reason. Anyone out there, pls help!

Jthomas,
Thanks for sharing your experiences. I am also non-IT into nano-tech and advanced materials. So you know for sure that UI is going to check with USCIS on the A#? That way USCIS will know that the person is not at job and hence shoot an RFE.

But USCIS will also be aware of the same thing when my company had already revoked my H1-B as it is legally needed for them to do. So you are going ahead with the UI. I am sure my attorney will also say the same thing.

I was interested to know abt the self employment part. Can I do the same thing. Register and start my own company. May be I should do that asap. Jthomas can I PM you or talk to you if it is okay with you. Does MTR really give a year of time??

Yeah I was also a star performer.......but it happened anyway...

Thanks for your comments.

SoP

UI has send a request to USCIS to check whether i am eligible to work in US. This they have doen by sending my A#. Today i got a mail that once you apply for UI you should also register at calijobs.ca.gov. As a procedure of registration they ask SS# because DOL wants to do a survey of how many are unemployed. 5 minutes back i registered in caljobs too. Yes you are right that our employers have submitted a letter to revoke our H1B so why should we be worried.
If you need any information to start a business check yahoo group for ivstartups, or PM me. Start a business ASAP. As per laws, EAD can port to self employment. We don't have to show proof of salary (Refer to the meeting with Obdusman.... Can EAD port to self employment). File a busness as sole properitorship now. Make one website for consultancy. If you know about anything that can be patented apply for provisional patent application. Once you do a provisonal application you get one year to work on the innovation( same or similar job). FYI Patent office does not check provisional applications.
Let me know which county you are from or google county clerk + fiticious business name. get all the info

J thomas

J Thomas,

My question is in regards to porting to self employment. Don't we need to have a permanent job offer in case of an RFE even if we have ported to self employment? I'm just tryiing to understand your reasoning in doing so?

Bad times, very bad job market right now so good luck to everyone.

I did. I checked with my attorney. He told me to avoid unless financially burdened. UI may flag an RFE but so can a revoked H1-B. It is better to take the money, anyway a lot of efforts have been wasted on the mirage called GC and it is absolutely erratic.

My lawyer said that I can't be unemployed even on EAD....if USCIS asks for pay stubs or disprove gaps in employment and I can't provide pay stubs my 485 can be canceled.

There is no logic...i know of friends who did not work for over a year during the IT bust and they are fine now with GC and no problems.

What I have learnt is that you can never be safe ...if you are gonna get screwed you will get screwed much like the Iraqi person who saved himself from suicide bombers in Iraq by seeking asylum in the US but died from the bullets of a psycho at the immigration learning center at Binghamton , NY.

So I may not take UI and I may not take a job not matching my LCA (since job matching it hardly there) and wait for companies to lift hiring freeze...still get an RFE on a revoked H1-B or gap in employment.....so where does the fear or risk management end...

USCIS is an enigma and even Indian government is more coherent than it.

I'll go ahead and take UI whatever happens.......

SoP

Ok taking UI on EAD can bring the blight of RFE.
But is it safe to NOT take UI and be on EAD?

Does your tax return prove that you were working during the time of recession? secondly, what is the gurantee you would not get struck with name check? How fast is the PD dates moving(visa status)? with so many unknowns some guys would take UI and apply for canadian immigration.
Live life happily, Who knows whats in store for the future.

Can someone Poll for the people who have taken UI

Olitwist,
Not taking UI while being unemployed is not going to help either. My lawyer told me that you have to be in job throughout so even if I don't take UI and I get an RFE for proof of continuity of employment....I may get screwed.

UI is given by the employer insurance and employees state taxes and anyone is eligible for that.....whether it is going to incur RFE well it may very well be...but when I have more than a few reasons for getting an RFE even without taking UI I may take it anyway since I'd be getting the money I deserved for the sweat and the money i paid over the years to the govt.

My wife will hopefully get her H1 and on a RFE I'd switch to H4 and as I have noticed it is much easier to get a GC with EB1 than anything else........you can always come back to this country if my skills are in demand........I have advanced degrees from the US and I might be better of with that...........

Rest god only knows what will happen....I hope I don't get shot by a psycho in a mall or in a train or at the UI office even before I get an RFE or such.........

Yes she can take UI....Dependent taking UI is much safer than the primary taking UI.

On my case I applied as a primary......after three months of wavering and indecision...and talking to lawyers....who will always play it safe....

I am a firm believer in Gabbar Singh who rightly said:

Jo Dar Gaya Samjho Woh Mar Gaya.....

Enuf of fear start living life for a change and break the shackles of restrictions.

At the end the way it is going GC is a far fetched dream anyway...EB3 is U and EB2 will soon become too.

In a way it is good to know the future....I am sick and tired of those threads...starting with predictions for the next month of visa availability...I guess USCIS has put a STOP to those stupid threads.

SoP

So there is no benefit for a lot of us who are on EAD and loose jobs!! Thats really scary!
It puts a lot of us in very awkward postion to be bullied by the BS desi consulting companies with lowball offers.