Green Card and EDD

[JackDp 1]

Hi guys!

I've got GCard recently and I'm happy like a baby!

I have a question. I had H1B visa that expired this September. I've got married om April and started my adjustment of status based on marriage process this June. After I was married I was laid off unexpectedly in May. I'm still looking for a job and hope I'll find it. But we need to eat something and there was not much savings left - before I had 72K/year, and now - nothing.

May I claim EDD for unemployment? Considering that fact that my company paid to EDD when I was under H1B status and considering that I'm unemployed now but do have a GCard....am I eligible for the claim? There are 6 month passed since I was laid off.

And can my claim 'hurt' my wife?

Thank you, guys!

[JackDp 1]

Hi guys!

I've got GCard recently and I'm happy like a baby!

I have a question. I had H1B visa that expired this September. I've got married om April and started my adjustment of status based on marriage process this June. After I was married I was laid off unexpectedly in May. I'm still looking for a job and hope I'll find it. But we need to eat something and there was not much savings left - before I had 72K/year, and now - nothing.

May I claim EDD for unemployment? Considering that fact that my company paid to EDD when I was under H1B status and considering that I'm unemployed now but do have a GCard....am I eligible for the claim? There are 6 month passed since I was laid off.

And can my claim 'hurt' my wife?

Thank you, guys!

any suggestions?

[milimelo 4,500]

Hi guys!

I've got GCard recently and I'm happy like a baby!

I have a question. I had H1B visa that expired this September. I've got married om April and started my adjustment of status based on marriage process this June. After I was married I was laid off unexpectedly in May. I'm still looking for a job and hope I'll find it. But we need to eat something and there was not much savings left - before I had 72K/year, and now - nothing.

May I claim EDD for unemployment? Considering that fact that my company paid to EDD when I was under H1B status and considering that I'm unemployed now but do have a GCard....am I eligible for the claim? There are 6 month passed since I was laid off.

And can my claim 'hurt' my wife?

Thank you, guys!

any suggestions?

Shouldn't you have claimed unemployment benefits within a certain deadline after being laid off? You don't have to be a citizen to claim ue - you just have to have had an employer pay those premiums.

Don't see how the claim could hurt your wife - those are your earned benefits and you can use them.

[edp333 9]

Hi guys!

I've got GCard recently and I'm happy like a baby!

I have a question. I had H1B visa that expired this September. I've got married om April and started my adjustment of status based on marriage process this June. After I was married I was laid off unexpectedly in May. I'm still looking for a job and hope I'll find it. But we need to eat something and there was not much savings left - before I had 72K/year, and now - nothing.

May I claim EDD for unemployment? Considering that fact that my company paid to EDD when I was under H1B status and considering that I'm unemployed now but do have a GCard....am I eligible for the claim? There are 6 month passed since I was laid off.

And can my claim 'hurt' my wife?

Thank you, guys!

This is a interesting scenerio. As an H1B status you would not be eligible for umemployment insurance for two reasons: 1. no longer having a legal status to be in the US 2. Not eleigible to work for any employer.

As a LPR with a green card you meet both 1. and 2. I am no expert, but it seems you would qualify.

Unemployment is an insurance and not a public charge. It will not affect the affidavit of support of your sponsor.

Edited December 2, 2009 by edp333

[Darnell 8,478]

Yes, you can claim.

It won't hurt your wife, because it's based on monies YOUR employer paid into the system, based on YOU working there, on YOUR wages.

Whilst it might be considered 'means-based testing' for the benefit, it is an EARNED benefit (you earned it ) and not some 'freely given'.

That's my 2 cents... Go ahead and file, I say.

[JackDp 1]

Hi guys!

I've got GCard recently and I'm happy like a baby!

I have a question. I had H1B visa that expired this September. I've got married om April and started my adjustment of status based on marriage process this June. After I was married I was laid off unexpectedly in May. I'm still looking for a job and hope I'll find it. But we need to eat something and there was not much savings left - before I had 72K/year, and now - nothing.

May I claim EDD for unemployment? Considering that fact that my company paid to EDD when I was under H1B status and considering that I'm unemployed now but do have a GCard....am I eligible for the claim? There are 6 month passed since I was laid off.

And can my claim 'hurt' my wife?

Thank you, guys!

any suggestions?

Shouldn't you have claimed unemployment benefits within a certain deadline after being laid off? You don't have to be a citizen to claim ue - you just have to have had an employer pay those premiums.

Don't see how the claim could hurt your wife - those are your earned benefits and you can use them.

I had such employer and he did....but he did as long as I was under H1B. Under H1b i was not eligible for EDD insurance. If I changed my status here..may I be qualified for the EDD compensation now?!?

that is a question..

[edp333 9]

Only your EDD unemployment service or an employment lawyer can tell you for sure if you will get benefits.

I would suggest filing for unemployment benefits immediately.

[JackDp 1]

Only your EDD unemployment service or an employment lawyer can tell you for sure if you will get benefits.

I would suggest filing for unemployment benefits immediately.

I think so too...if I'm eligible - I'm good, if not - they will just deny my request without any penalties, contacting to USCIS etc. Right?