jonahkop

Just found out that my job might be under threat due to downsizing (not looking for sympathy just one of those things!). Anyway, was just looking at the prospect of claiming unemployment for a few weeks until I get another job and was just concerned with any future repercussions claiming might have? Ie, I won't be penalized in retirement right? Also, I'm over here on a 10-year green card through marriage, I was under the impression that somewhere in amongst the swarms of paperwork we signed an agreement that we wouldn't/couldn't claim unemployment? I might just be mistaken on that point. I figured I would try and find this out now incase it bit me on the butt later on, I have never filed for unemployment before so am just checking my options!
Thank you!

Michael

Claiming unemployment benefits is fine since it is not means tested. Your employer pays unemployment premiums to the state so in a sense it is not even a government benefit but just a benefit funded by your employer that the state handles.

Speedwell

You are not barred from claiming unemployment and nothing in the CR-1/IR-1 paperwork involves saying you would not claim unemployment. How much you get, though, will depend on how many qualifying quarters you have worked in the past year or two. If I recall correctly, your work in the US in the four quarters previous to this quarter (i.e. 3rd quarter 2012 to 3rd quarter 2013) will be considered to see how much you qualify for. Work can be credited to you if your employer paid unemployment insurance premiums for you as an employee (independent contractors might not be covered) and reported your wages. If you were a bona fide employee you will be OK. Your financial sponsor will not be asked to reimburse the government for your unemployment benefits since you and your employer will have paid separately into the fund.

cranston

I dont think it has anything to do with any time period but is income based. If OP has earned over $4640 this year he will get the 4 credits.

jonahkop

Thanks for everyone's replies, really helpful!

Bob

Unemployment is a insurance claim.

As for the time/credits.

Depends on the state. Down my way, you have to have worked 12 months to qualify and not quit or fired for misconduct etc, but up in Maine, it's 6 months. Then how much you get is a percentage of your base salary and that depends on how much you earned and for how long you earned it.

jeffreyhy

A few weeks? Let's hope so, but be prepared. No issues here. As others have posted, unemployment compensation is unrelated to the I-864 sponsorship agreement. Unemployment compensation is state specific. Search for what applies to you on your state's web site. Regards, JEff

E17Avenue

I seem to remember reading too that claims for social assistance are permitted after a certain period, possibly 5 years of residence? But yeah, Unemployment is not social assistance as already stated.

watchamacallit

Might not be 'barred' from unemployment but try getting it
If you do succeed it won't last long believe me, I have never claimed it but full USC's I know have tried, some got a measly pittance, others got sweet FA.

I once claimed workmans comp and was hounded for weeks, up to 10 calls a day until I gave up. This country cares not for anyone who is not rich.

Michael

I've never had a problem getting unemployment benefits and the only people I've known having a problem is when the employer claims that the person resigned or was terminated due to cause (usually only done by small businesses to try to save on premiums since premiums are based on the number of ex employees that have been laid off). The minimum is that benefits last for up to 6 months (longer now if in a state with high unemployment) with a maximum in New York at $405 per week, New Jersey at $600, and California at $454. Unemployment benefits can't start until severance pay is exhausted, even if paid in one lump sum upon termination (must be calculated as if paid as a weekly salary before being eligible for unemployment benefits). The process is pretty simple. File the claim and within a week, the employer has to respond and if the employer claims the person was laid off, benefits are paid. If the employer claims resignation or fire due to cause, then an appeal is filed and both the ex-employee and the company has to plead their case within about a week before a board with primarily the employer providing documentation to prove their claim.

I've never known anyone having a difficult time collecting workman's compensation if they have a legitimate claim but if they have a football injury and claim workman's compensation, then there will likely be problems.

Ash UK/US

I think it is 10 years or 40 quarters.

Michael

That is work requirement for social security and Medicare benefits but even that is only 5 years if receiving benefits is based on a spouses income history or even less that 5 years if the immigrant naturalizes.

Eligibility for Major Federal Benefit Programs

Congress restricted eligibility even for many qualified immigrants by arbitrarily distinguishing between those who entered the U.S. before or “on or after” the date the law was enacted, August 22, 1996. The law barred most immigrants who entered the U.S. on or after that date from “federal means-tested public benefits” during the five years after they secure qualified immigrant status. Federal agencies clarified that “federal means-tested public benefits” are Medicaid (except for emergency care), CHIP, TANF, food stamps, and SSI.

http://www.nilc.org/overview-immeligfedprograms.html

Even the 5 years can be shortened if the immigrant naturalizes.

Ash UK/US

Interesting, never needed to actually look into doing it. I just remember signing the paper that said 10 years or 40 quarters

jeffreyhy

"the paper" did not say "10 years". It did say 40 quarters, which can take as few as 5 years or as long as never to accumulate.

Regards, JEff

london66

Not sure this is true - it might be a state thing, you should check up on it, I was laid off in 2011 and was able to claim unemployment benefit starting the week after - actually we were let go in early April but due to some MA state law about the number of people being laid of we got a 60 day notice, so I got paid up until the first week of June, then received my severance pay and was still able to claim unemployment the next week. I had to send them a fax a copy of my green card to prove I was a permanent resident though.

Also where is the company you work for based? This can make a difference, the first time I was laid off I got paid by MA as the company I worked for paid into the MA fund (They are based in NY), after a few months I did a temp contract and was paid by a company based in NJ which only paid into the NJ unemployment fund, so I had to file a claim in NJ, got my unemployment from them which made my taxes hell for 2 years - having to file federal, MA state and NJ state as a non-resident of that state.

Hope this helps

Brendan