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Old Aug 31st 2010, 5:16 pm   #1
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Default Unemployment benefit for green card holders

Hello;

I am sure this question has been asked time and time again...but... I wanted to know if GC holders are eligible to apply for state unemployment benefits based on the criteria below:

currently working as an I.T contractor (6 months) - so not permanent.
state of TEXAS

If the scenerio was that they did not renew my contract and a month flew by and I still am not able to find work could I apply for unemployment or no?

thanks
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Old Aug 31st 2010, 5:30 pm   #2
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Default Re: Unemployment benefit for green card holders

Quote:
Originally Posted by whatadiva View Post
Hello;

I am sure this question has been asked time and time again...but... I wanted to know if GC holders are eligible to apply for state unemployment benefits based on the criteria below:

currently working as an I.T contractor (6 months) - so not permanent.
state of TEXAS

If the scenerio was that they did not renew my contract and a month flew by and I still am not able to find work could I apply for unemployment or no?

thanks
Can't really help you, but I do know that Independent folk are not untitled to anything before I became a Citizen it was something I looked into at one point.
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Old Aug 31st 2010, 6:12 pm   #3
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Default Re: Unemployment benefit for green card holders

It doesn't really matter if you are a green card holder or not, you cannot collect unemployment benefits as a contractor. That is because unemployment benefits is an insurance paid for by employers and as a contractor, nobody has paid into the insurance fund.
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Old Aug 31st 2010, 6:16 pm   #4
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Default Re: Unemployment benefit for green card holders

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Originally Posted by Michael View Post
It doesn't really matter if you are a green card holder or not, you cannot collect unemployment benefits as a contractor. That is because unemployment benefits is an insurance paid for by employers and as a contractor, nobody has paid into the insurance fund.
ok, thanks for answering my question
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Old Aug 31st 2010, 6:17 pm   #5
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Default Re: Unemployment benefit for green card holders

Doubt it. Self-employment is not covered by unemployment insurance.

Quote:
Originally Posted by whatadiva View Post
Hello;

I am sure this question has been asked time and time again...but... I wanted to know if GC holders are eligible to apply for state unemployment benefits based on the criteria below:

currently working as an I.T contractor (6 months) - so not permanent.
state of TEXAS

If the scenerio was that they did not renew my contract and a month flew by and I still am not able to find work could I apply for unemployment or no?

thanks
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Old Aug 31st 2010, 6:46 pm   #6
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Default Re: Unemployment benefit for green card holders

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Originally Posted by Rete View Post
Doubt it. Self-employment is not covered by unemployment insurance.
okay but is there anything like a 'private thing' that I can purchase so that I can be covered for loss of employment for contractors?
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Old Aug 31st 2010, 6:50 pm   #7
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Default Re: Unemployment benefit for green card holders

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Originally Posted by whatadiva View Post
okay but is there anything like a 'private thing' that I can purchase so that I can be covered for loss of employment for contractors?
Although I don't really know, I doubt it...by the nature of being a "contractor", it means you job will end at some point....any insurance company would know that and wouldn't insure your income.

If a person was employed on the books as a W2 employee (not 1099) for a contractor company though (such as some temp agencies), AFAIK that person would be eligible for unemployment.
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Old Aug 31st 2010, 6:53 pm   #8
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Default Re: Unemployment benefit for green card holders

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Originally Posted by Dan725 View Post
Although I don't really know, I doubt it...by the nature of being a "contractor", it means you job will end at some point....any insurance company would know that and wouldn't insure your income.

If a person was employed on the books as a W2 employee (not 1099) for a contractor company though (such as some temp agencies), AFAIK that person would be eligible for unemployment.
I am a contractor via teksystems on W2
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Old Aug 31st 2010, 7:06 pm   #9
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Default Re: Unemployment benefit for green card holders

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Originally Posted by whatadiva View Post
I am a contractor via teksystems on W2
If you are a W-2 employee, you are not a "contractor" in the commonly used version of that word.
If you are W-2 employee, you MAY be eligible for unemployment benefits. google Texas + unemployment insurance and see what the local requirements are. It may be that the nature of your work (term limit) keeps you from being eligible, but you describe an unusual situation (in my experience).
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Old Aug 31st 2010, 7:15 pm   #10
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Default Re: Unemployment benefit for green card holders

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Originally Posted by meauxna View Post
If you are a W-2 employee, you are not a "contractor" in the commonly used version of that word.
If you are W-2 employee, you MAY be eligible for unemployment benefits. google Texas + unemployment insurance and see what the local requirements are. It may be that the nature of your work (term limit) keeps you from being eligible, but you describe an unusual situation (in my experience).
sorry I should have stated me being on W2 from the beginning. In any case I guess I can always ask TekSystems to see if they have any info.
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Old Aug 31st 2010, 7:28 pm   #11
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Default Re: Unemployment benefit for green card holders

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Originally Posted by whatadiva View Post
sorry I should have stated me being on W2 from the beginning. In any case I guess I can always ask TekSystems to see if they have any info.
Yes, they'd be your 'employer' (even if you work at a client facility) so the charge would be 'against' their UI account.
Let us know.. you're unique!
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Old Aug 31st 2010, 9:09 pm   #12
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Default Re: Unemployment benefit for green card holders

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Originally Posted by whatadiva View Post
sorry I should have stated me being on W2 from the beginning. In any case I guess I can always ask TekSystems to see if they have any info.
Don't ask them since they will likely tell you that you would not be eligible. That is because if you collect unemployment benefits, their insurance premiums would likely rise (premiums are based on the number of people over the years that collected unemployment benefits).

The only way you will know for sure if you are eligible is when you apply for unemployment benefits and are approved. Because you are working on a W-2, you are eligible but when you apply for benefits, the unemployment office will request reason for dismissal from your ex-employer. If your ex-employer indicates fired for case, you will be denied unemployment benefits otherwise you will likely be approved. If you are denied benefits, you can appeal the denial (small employers tend to lie to try to save money). Normally it doesn't matter that you are on a short term contract but only that you were working and being paid as a w-2.
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Old Aug 31st 2010, 9:15 pm   #13
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Default Re: Unemployment benefit for green card holders

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Originally Posted by meauxna View Post
If you are a W-2 employee, you are not a "contractor" in the commonly used version of that word.
In IT, contracts are often indefinite and contracting companies are increasingly used by companies to avoid having to put "real" employees on the books (along with benefits). To be completely correct, we are "subcontractors" but we are universally referred to as contractors. We do have "employers" who must pay an employer's share of SSA, Medicaid, etc as well as UI. Most IT companies will not hire anyone on a 1099 any longer because of the risk of them being considered a de facto employee.
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Old Aug 31st 2010, 10:20 pm   #14
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Default Re: Unemployment benefit for green card holders

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Originally Posted by snowbunny View Post
In IT, contracts are often indefinite and contracting companies are increasingly used by companies to avoid having to put "real" employees on the books (along with benefits). To be completely correct, we are "subcontractors" but we are universally referred to as contractors. We do have "employers" who must pay an employer's share of SSA, Medicaid, etc as well as UI. Most IT companies will not hire anyone on a 1099 any longer because of the risk of them being considered a de facto employee.
Thanks, SB and +1 to Michael.
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