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LaceyDaisy

Claiming unemployment as H2B visa holder

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Filed: AOS (apr) Country: Australia
Timeline

I'm currently in the U.S. on an H2B work visa. While I don't think I am eligible to claim unemployment, my husband thinks that if I am paying into it, then I should be able to claim.

I am paying into my state's unemployment, it is clearly stated on my pay stub. The reason we are wondering is because the hotel I am employed at closes during the winter, and is only open over the weekend. Lately I'm only working around 50 hours for a fortnight, and it's making my pay cheque a little hard to work with.

Sorry if this is answered elsewhere, I did try looking it up, but all the results I got back weren't relating to this specifically. If anyone knows anything, I appreciate any and all information. (: I'm not going to be at all surprised if the answer is no, though.


First Visit to US: June 2012 (2 weeks)

Second Visit to US: October 2012 (approx. 2 months)

Applied for H2B visa early 2013

H2B visa approved March 2013

Arrived on H2B in late March 2013

Visa expired in December 2013, returned to Australia

Applied for new H2B early 2014

H2B visa approved April 2014

Arrived on H2B in April 2014

----------------------------------

Married: 09/13/2014

Mailed AoS: 11/13/2014

Received Electronic NOA: 11/20/2014

Received Mail NOA: 11/24/2014

Biometrics Appointment: 12/12/2014

Interview ready for scheduling: 12/22/2014

EAD Approved: 01/23/2015

Iinterview Date: 03/19/2015

Approval date: 03/19/2015

Green Card Received: 03/30/2015

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Filed: AOS (apr) Country: Australia
Timeline

But you are still employed with the hotel, right? Just that the working hours are cut?

That's correct. My husband thought I could get partial unemployment because of how few hours I was working.

I'm still employed with them, but just on a (usually) 3 day basis.


First Visit to US: June 2012 (2 weeks)

Second Visit to US: October 2012 (approx. 2 months)

Applied for H2B visa early 2013

H2B visa approved March 2013

Arrived on H2B in late March 2013

Visa expired in December 2013, returned to Australia

Applied for new H2B early 2014

H2B visa approved April 2014

Arrived on H2B in April 2014

----------------------------------

Married: 09/13/2014

Mailed AoS: 11/13/2014

Received Electronic NOA: 11/20/2014

Received Mail NOA: 11/24/2014

Biometrics Appointment: 12/12/2014

Interview ready for scheduling: 12/22/2014

EAD Approved: 01/23/2015

Iinterview Date: 03/19/2015

Approval date: 03/19/2015

Green Card Received: 03/30/2015

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Filed: IR-1/CR-1 Visa Country: Ethiopia
Timeline

There is a unemployment website for every state and it also has a phone number if you Google unemployment and put your state after it , it will come up you can check eligibility and a phone number you can call.

Edited by ItsGonnaBeWorthIt

USCIS : 7 months
Marriage : March 21, 2014
I-130 Sent : April 18, 2014
I-130 NOA1 : April 22, 2014
I-130 Approved: November 14, 2014 
after two service request

NVC6 months
Received : December 1, 2014
Received DS-261 / AOS Bill : January 1, 2015
Pay AOS Bill : January 9, 2015
Submit DS-261 : January 7, 2015
Receive IV Bill : January 15, 2015 
called after AOS showed paid, they released it overnight)
Pay IV Bill : January 23, 2015
Send IV and AOS: January 29, 2015
Scan date: February 3, 2015
Checklist: March 19, 2015
 (only need to send south Africa police report)
Case Complete: June 3, 2015 

EMBASSY: 10 months
Interview appointment letter : December 4, 2015
Interview Date : January 21, 2016 
medical wasn't complete
Second interview date: April 4th 2016
Interview Result :APPROVED!!!

Visa Received : 4/13/2016 ( they sent us a email stating our visa was ready for pick up)

USA LIFE
US Entry :4/29/2016 
Social Security : 5/10/2016 (filed from the actual office)
State ID: 5/14/2016
Started working!!: 5/25/2016
Finally paid green card fee: 6/24/2016 ( note said we will receive it within 60 days)
Green card in hand: 7/5/2016 10 year green card we done!! 

1st king born: 6/30/2016

April 2017 update: Marriage still going strong, baby boy getting bigger. Life is good 

 

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Sounds like seasonal work industry.

You should go check your state Seasonal work laws, to see if you qualify for partial unemployment benefits.


Done with K1, AOS and ROC

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Filed: AOS (apr) Country: Australia
Timeline

There is a unemployment website for every state and it also has a phone number if you Google unemployment and put your state after it , it will come up you can check eligibility and a phone number you can call.

Sounds like seasonal work industry.

You should go check your state Seasonal work laws, to see if you qualify for partial unemployment benefits.

Thank you very much!


First Visit to US: June 2012 (2 weeks)

Second Visit to US: October 2012 (approx. 2 months)

Applied for H2B visa early 2013

H2B visa approved March 2013

Arrived on H2B in late March 2013

Visa expired in December 2013, returned to Australia

Applied for new H2B early 2014

H2B visa approved April 2014

Arrived on H2B in April 2014

----------------------------------

Married: 09/13/2014

Mailed AoS: 11/13/2014

Received Electronic NOA: 11/20/2014

Received Mail NOA: 11/24/2014

Biometrics Appointment: 12/12/2014

Interview ready for scheduling: 12/22/2014

EAD Approved: 01/23/2015

Iinterview Date: 03/19/2015

Approval date: 03/19/2015

Green Card Received: 03/30/2015

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Filed: Timeline

You cannot get unemployment unless you are unemployed. As an H2b visa holder, if you are unemployed, you have to leave the US or you will be out of status. If your employer is not able to provide sufficient hours for you to make a living, you need to consider leaving the US, as the seasonal nature of the position requies.

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Filed: Lift. Cond. (apr) Country: India
Timeline

An H2B visa is employer-specific. That is, for a given season once work is completed, regardless of whether the expiration date of the visa has passed, the individual holding the visa is required to leave the United States and return to his or her country of origin.

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Filed: AOS (apr) Country: Australia
Timeline

You cannot get unemployment unless you are unemployed. As an H2b visa holder, if you are unemployed, you have to leave the US or you will be out of status. If your employer is not able to provide sufficient hours for you to make a living, you need to consider leaving the US, as the seasonal nature of the position requies.

An H2B visa is employer-specific. That is, for a given season once work is completed, regardless of whether the expiration date of the visa has passed, the individual holding the visa is required to leave the United States and return to his or her country of origin.

I'm not currently unemployed, since I'm still required to work Friday, Saturday and Sunday, plus any holidays we're open. I was thinking my manager would be scheduling me (and my American co-workers) on during the other days for deep cleaning, to help us meet our hours. Since he didn't do that, my husband was just curious about my options.

Also, I'm unable to leave the US, as I'm in the middle of filing for an Adjustment of Status. (:


First Visit to US: June 2012 (2 weeks)

Second Visit to US: October 2012 (approx. 2 months)

Applied for H2B visa early 2013

H2B visa approved March 2013

Arrived on H2B in late March 2013

Visa expired in December 2013, returned to Australia

Applied for new H2B early 2014

H2B visa approved April 2014

Arrived on H2B in April 2014

----------------------------------

Married: 09/13/2014

Mailed AoS: 11/13/2014

Received Electronic NOA: 11/20/2014

Received Mail NOA: 11/24/2014

Biometrics Appointment: 12/12/2014

Interview ready for scheduling: 12/22/2014

EAD Approved: 01/23/2015

Iinterview Date: 03/19/2015

Approval date: 03/19/2015

Green Card Received: 03/30/2015

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