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Thread: unemployment insurance vs h-1b

  1. #1
    I am on H-1B(engineer). I applied greencard through the company I work with, but it is such a long long waiting period. However, I play by the rule. My transition period come again. I just got terminate by current company and going to few interview with new company. Could I eligible to cliam unemployment insurane? Since I paid tax and stay legally all the time.

  2. #2
    I am on H-1B(engineer). I applied greencard through the company I work with, but it is such a long long waiting period. However, I play by the rule. My transition period come again. I just got terminate by current company and going to few interview with new company. Could I eligible to cliam unemployment insurane? Since I paid tax and stay legally all the time.

  3. #3
    Immigrants' Eligibility for Unemployment Compensation


    April 2002

    To be eligible for unemployment insurance, immigrant workers must satisfy the same basic requirements as other workers. First, they must be unemployed "through no fault of their own." Second, they must have enough wages earned or hours worked to establish a claim. Third, they must be able and available to work, and they must be looking for, and not refuse, "suitable" work. Additionally, under federal law, immigrant workers must be in particular immigration categories in order to qualify for unemployment insurance. Under the law, the state will look at immigrants' status at the time the work was performed, (the "base year") and at the time that the worker applied for benefits, (the "benefit year"). This fact sheet explains the law.


    A. State-funded benefits.

    Most immigrants receive regular UI benefits funded through a payroll tax on employers. This section explains eligibility for those benefits.

    1. Immigration status during the Base Year.

    Federal law says that the following immigrants can use their "base year" wages to qualify for unemployment insurancebenefits for the first twenty six weeks of unemployment.
    (1) Immigrants who were admitted for permanent residence at the time services were performed,
    (2) immigrants who were lawfully in the United States for the purpose of performing services, and
    (3) immigrants who were "permanently residing in the United States under color of law."

    a. Admitted for Permanent Residence.
    The first category covers lawful permanent residents of the United States those who have a "green card," or "MICA," as it is commonly called in Spanish. Immigrants' Eligibility for Unemployment Compensation
    Immigrants' Eligibility for Unemployment Compensation


    b. Lawfully in the US to perform services.
    The second category covers immigrants who have authorization to work in the United States. This category includes Canadian and Mexican immigrant commuters authorized to work in the US, nonimmigrants granted work authorization, such as H2 and H1B workers, and any other immigrant who has "work authorization" from the INS.


    c. "Permanently residing under color of law" or PRUCOL. The third category, those "permanently residing under color of law," is much broader. The Department of Labor has issued a series of policies on its definition of PRUCOL. At least the following groups of immigrants will have wages credited to them under DOL's policy:

    " Refugees;
    " Immigrants who have been granted political asylum;
    " Immigrants who have been "paroled" into the US. (This is not "parole" in the sense of on "parole" from a criminal conviction, but a different kind of parole given for humanitarian reasons);
    " Immigrants who have received "withholding of deportation;"
    " People who are "conditional entrants" into the US (this is a category that was used before 1980 to describe refugee status);
    " Cuban/Haitians who have been granted parole, applied for asylum or have not received a final order of deportation;
    " Immigrants who have been notified in writing by the INS that deportation action will not be taken against them or that deportation is indefinitely delayed;
    " Certain immigrants presumed to have been lawfully admitted for permanent residence under 8 CFR 101 (these include narrow categories of immigrants who entered from certain countries at different times, all prior to 1943);
    " Immigrants who have been granted a lawful immigration status that allows them to remain in the US for an indefinite period of time. Other groups of immigrants should qualify for the first 26 weeks of benefits, even though they are not directly mentioned in Department of Labor policy. These include one group of immigrants who are considered "qualified" under the Personal Responsibility Act of 1996:
    " Battered spouses or children approved or with applications pending under the Violence Against Women Act (abused spouses and/or children of US citizens or lawful permanent residents).



    Are there any other groups of immigrants who qualify for unemployment insurance under state laws?

    DOL's policy on the groups of immigrants who are PRUCOL is much narrower than the court decisions defining PRUCOL. States that have laws that are more generous that DOL's policy risk sanction of their UI system.
    However, at the hearing level, advocates might argue that other groups of immigrants qualify for the first 26 weeks of unemployment benefits. These groups of immigrants are not directly mentioned in the law, but the law generally covers people who are in the United States with the knowledge and permission of the Immigration and Naturalization Service. Advocates might be able to help immigrants qualify for benefits if the immigrant has applied for a particular immigration status, and has some indication that the INS knows about the person and does not intend to deport him or her. DOL's Additional test for PRUCOL: "Permanently residing" in the US. Immigrants whose base period wages are counted for a claim under the PRUCOL category must also show that they are "permanently" residing in the US. This term means a relationship that is continuing or lasting. The Department of Labor says that only people who have been granted some kind of unconditional permission to be in the US will qualify under this category. This interpretation is not in keeping with the usual meaning of the term "permanently residing." Advocates should argue in individual cases that where an immigrant intends to permanently remain in the US, he or she is "permanently residing" in the US.

    More tests for PRUCOL: Does an immigrant have to have "work authorization" in the base year, in order to have wage credits?
    DOL's policies say that a PRUCOL immigrant must also have work authorization in order for base period wages to be counted toward a claim. DOL's policy conflicts with the law itself, which covers immigrants who EITHER have PRUCOL status OR work authorization. Advocates should argue that PRUCOL status in the base year is sufficient to establish a claim.



    For more info , see:


    Immigrants' Eligibility for Unemployment Compensation
    ___________________________________

    [COLOR:BLUE][B]When the creations of a genius collide with the mind of a layman, and produce an empty sound, there is little doubt as to which is at fault.

    One day it will have to be officially admitted that

  4. #4
    Thank you so much IMMPENETRABLE. I am now in nervrouse and axiety state and at the same time looking for a new employer like crazy. Is there any jeopadise my current work visa status or will affect my future gc?

    Again, I appreciate your help.

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Is there any jeopadise my current work visa status or will affect my future gc? </div></BLOCKQUOTE>

    Any what?

    Since you do not formulate your questions clearly ( and even if you did I am not a legal attorney to advise you ), my suggestion is that you read the above guidelines on unemployment compensation attentively and act accordingly.

    If you still have questions ,or have difficulty comprehending the text written in plain English, your best bet is to contact National Employment Law Project at (212) 285-3025 [ email: nelp@nelp.org website: www.nelp.org ]or consult an attorney specializing in the relevant field (Immigration and Employment Law).

    Many Attorneys provide free first consultations and answer to basic questions free of charge ( if money is your concern).

    Good luck,

    IE
    ___________________________________

    [COLOR:BLUE][B]When the creations of a genius collide with the mind of a layman, and produce an empty sound, there is little doubt as to which is at fault.

    One day it will have to be officially admitted that

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