Wife thinking of applying for weekly unemployment insurance benefits while GC/AOS pending

[cmh 6]

My wife who I am sponsoring is thinking of applying for weekly unemployment insurance benefits after I mentioned it to her. Then someone, who is not an expert on this subject, gave me some reasons she may want to rethink this if the GC/AOS are still pending. I can support her myself but just thought she’d like a little extra cash on the side. Would her applying for [and/or being accepted for] unemployment benefits come back to bite either of us while the GC and AOS are pending? Would my AOS responsibilities be greater? Would it be viewed unfavorably in the interview or by those reviewing our case?

Edited June 16, 2019 by cmh

[Lemonslice 4,585]

2 minutes ago, cmh said:

My wife who I am sponsoring is thinking of applying for weekly unemployment insurance benefits after I mentioned it to her. Then someone, who is not an expert on this subject, gave me some reasons she may want to rethink this if the GC/AOS are still pending. I can support her myself but just thought she’d like a little extra cash on the side. Would her applying for unemployment benefits come back to bite either of us while the GC and AOS are pending? Would my AOS responsibilities be greater? Would it be viewed unfavorably in the interview or by those reviewing our case?

Usually, you have to be actively seeking for work and authorized to work to be able to receive unemployment benefits.

 

Best to check directly with the state/country where she's planning to apply for benefits.

[cmh 6]

1 minute ago, Lemonslice said:

Usually, you have to be actively seeking for work and authorized to work to be able to receive unemployment benefits.

 

Best to check directly with the state/country where she's planning to apply for benefits.

She has an unexpired EAD card, has been seeking work and we live in NY. Assuming she qualifies, anyone know what the answers to my questions would be?

[geowrian 22,336]

Unemployment compensation is not a public charge issue. It's an insurance program that one pays into and then can earn benefits from.

[SalishSea 16,900]

How would she even qualify?  Unemployment is like social security....available for people who have paid into it by working.

[SalishSea 16,900]

50 minutes ago, cmh said:

She has an unexpired EAD card, has been seeking work and we live in NY. Assuming she qualifies, anyone know what the answers to my questions would be?

So she had a job and lost that job?  Unemployment benefits are generally based on previous salary and employment status.  

 

In this economy, I am kind of surprised that anyone cannot find a job.  Unemployment rates are very low now.....

[cmh 6]

1 minute ago, Jorgedig said:

So she had a job and lost that job?  Unemployment benefits are generally based on previous salary and employment status.  

 

In this economy, I am kind of surprised that anyone cannot find a job.  Unemployment rates are very low now.....

She’s had prior jobs in NY but didn’t work at them for long, didn’t make much from them.

[SalishSea 16,900]

Just now, cmh said:

She’s had prior jobs in NY but didn’t work at them for long, didn’t make much from them.

Then it is doubtful she would qualify for anything anyway.  It is intended to tide people over between jobs when they're actively looking for employment.

[agrabs 237]

What is the possible Eligibility Criteria in any state?

There are some basic rules for eligibility. 

1. Must have lost job with no fault of his theirs
2. Must be totally or partially unemployed.
3. Must have received enough wages during the base period to establish a claim
4. Must be physically able to work, available for work, and actively seeking suitable work.
5. Meet eligibility requirements each week benefits are claimed.
To learn more check unemployment eligibility article

A “base period” is four consecutive calendar quarters that fall within the 18 month period before establishing a new benefit year.

 

This is from the state of MO unemployment website.  It states the above are criteria for eligibility for any state.  I doubt she would qualify under #3.  Pretty much she would have had to be continuously employed for the last year.   

 

[Jabberwocky1969 127]

Unemployment is not welfare. You qualify for it by being laid off. But NY might be happy to have people on the dole.

[payxibka 10,044]

12 hours ago, cmh said:

She’s had prior jobs in NY but didn’t work at them for long, didn’t make much from them.

Voluntary or involuntary terminations?

[theresaL 408]

Unemployment is not something the employee pays into like SS or Medicare that is deducted from your wages. It is a tax/fund that the employer pays into. It's part of the payroll taxes that the employer by law is required to pay it's called FUTA in payroll terms. Voluntarily quitting a job does not automatically disqualify someone from receiving UIC but there is usually a waiting period before qualifying. See the post above from Agrabs for other criteria and check your state's website for state specific info.

Edited June 17, 2019 by theresaL

[SalishSea 16,900]

2 hours ago, theresaL said:

Unemployment is not something the employee pays into like SS or Medicare that is deducted from your wages. It is a tax/fund that the employer pays into. It's part of the payroll taxes that the employer by law is required to pay it's called FUTA in payroll terms. Voluntarily quitting a job does not automatically disqualify someone from receiving UIC but there is usually a waiting period before qualifying. See the post above from Agrabs for other criteria and check your state's website for state specific info.

Not exactly true.  The benefit you are eligible is entirely based upon your previous job: last salary, conditions under which you left, how long you worked there, etc.  An immigrant who comes over and awaits an EAD is definitely not eligible for unemployment benefits in my state, and I’d be shocked if eleigible anywhere.

[CaseyBorne88 21]

Hello all. I just logged on VJ for the first time in a while to ask this same question for myself. I noticed this discussion here...

I just got laid off, I am considering applying for unemployment benefits and I am eligible....but in my case I am the Sponsor and the sole provider for my household.

I too am thinking that it wouldn't be an issue since it's something I have paid into, but none the less I am a little hesitant to do anything that would risk me and my wife being denied. Is there anyone here who has ever applied for unemployment benefits while having an I-485 pending? That would certainly lay my concerns to rest.



 

[geowrian 22,336]

5 minutes ago, CaseyBorne88 said:

Hello all. I just logged on VJ for the first time in a while to ask this same question for myself. I noticed this discussion here...

I just got laid off, I am considering applying for unemployment benefits and I am eligible....but in my case I am the Sponsor and the sole provider for my household.

I too am thinking that it wouldn't be an issue since it's something I have paid into, but none the less I am a little hesitant to do anything that would risk me and my wife being denied. Is there anyone here who has ever applied for unemployment benefits while having an I-485 pending? That would certainly lay my concerns to rest.

As the sponsor, it may or may not impact you even more greatly.

Presumably your current income is no longer sufficient to be a sole sponsor. So unless you have enough assets lined up, I would suggest seeking a joint sponsor now in case one is needed. If you find suitable employment before necessary, all the better. But be ready.

Only present the joint sponsor's I-864 if needed.

 

Technically your existing I-864 is still valid. You are not required to submit a new one. However, the IO can request a new I-864, and would probably do so if they learn of your change in employment.

 

Accepting the unemployment compensation isn't an issue in itself.