H-1B laidoff but marriage_based greencard is in final stage, can I apply for UC
Oct 18th 2002, 7:31 pm
#1
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Joined: Oct 2002
Posts: 2
H-1B laidoff but marriage_based greencard is in final stage, can I apply for UC
I had gotten my H1-B 2yrs ago through my company, now I was laid off last week. At the same time, my husband's greencard application is in the final stage. So through marriage-based greedcard application, I've already got my EAD card for work.
Our prority date(I-485 filing date) is 5/17.
Can someone kindly tell me
1)what status I am in now?
2) can I apply for the unemployment benefit? If I applied, what status will I be in then?
Thanks a lot
Our prority date(I-485 filing date) is 5/17.
Can someone kindly tell me
1)what status I am in now?
2) can I apply for the unemployment benefit? If I applied, what status will I be in then?
Thanks a lot
Oct 19th 2002, 6:47 am
#2
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Posts: n/a
Re: H-1B laidoff but marriage_based greencard is in final stage, can I apply for UC
On Fri, 18 Oct 2002 12:31:41 -0700, jnd wrote:
> I had gotten my H1-B 2yrs ago through my company, now I was laid off
> last week. At the same time, my husband's greencard application is in
> the final stage. So through marriage-based greedcard application, I've
> already got my EAD card for work.
It's not marriage-based GC, but rather dependent of an employment-based
GC. That's only a technical distinction, of course - it affects what
quota you fall under, but not much else.
> Our prority date(I-485 filing date) is 5/17.
The Priority Date is the date the Labor Certification was filed, or the
I-140 if there was no LC. Again, just a technical thing that won't affect
you.
> Can someone kindly tell me
> 1)what status I am in now?
Pending I-485.
> 2) can I apply for the unemployment benefit? If I applied, what
> status will I be in then?
Probably yes. You may want to consult with an immigration attorney; some
people here recently claimed that UI benefits could be detrimental to
your I-485. I believe that's not true, but if several laypeople disagree
about such a thing, it might be worth asking an expert.
In any case, if you applied, it would not immediately affect your status.
Ingo
> I had gotten my H1-B 2yrs ago through my company, now I was laid off
> last week. At the same time, my husband's greencard application is in
> the final stage. So through marriage-based greedcard application, I've
> already got my EAD card for work.
It's not marriage-based GC, but rather dependent of an employment-based
GC. That's only a technical distinction, of course - it affects what
quota you fall under, but not much else.
> Our prority date(I-485 filing date) is 5/17.
The Priority Date is the date the Labor Certification was filed, or the
I-140 if there was no LC. Again, just a technical thing that won't affect
you.
> Can someone kindly tell me
> 1)what status I am in now?
Pending I-485.
> 2) can I apply for the unemployment benefit? If I applied, what
> status will I be in then?
Probably yes. You may want to consult with an immigration attorney; some
people here recently claimed that UI benefits could be detrimental to
your I-485. I believe that's not true, but if several laypeople disagree
about such a thing, it might be worth asking an expert.
In any case, if you applied, it would not immediately affect your status.
Ingo
