I'm glad you've submitted the hardship waiver. While waiting for the response, you might also want to request an explanation of the overpayment if you haven't received one. Call or check your online message center for a document explaining exactly which week(s) were overpaid and why. Sometimes it's a simple reporting error that can be corrected. And yes, to reassure you again - your benefits will continue with the recoupment deduction applied until the overpayment is satisfied. If your hardship waiver is approved, you'll see the deduction amount decrease in future payments.

Just wanted to add that you can also check your NY.gov account online to see the exact breakdown of your overpayment determination. Sometimes they show week-by-week details there that aren't clear in the mailed notices. Also, if you do end up calling, try calling right at 8am when they open - that's when I've had the best luck getting through to someone who can actually help explain what happened. Good luck with your hardship waiver!

I went through this exact situation on my H1B about 6 months ago. Yes, you're absolutely eligible! The process was pretty straightforward - I just needed to upload my I-797 approval notice and EAD card like you mentioned. One thing to note is that you'll need to be actively searching for work and available to accept suitable employment, which shouldn't be an issue since you're authorized to work. Also, make sure to file your claim as soon as possible since there's usually a one-week waiting period before benefits start. The weekly benefit amount is based on your previous earnings, so with 2 years of tech salary you should get a decent amount. Don't let the stress get to you - you've been paying into the system and you deserve these benefits!

I'm a former immigration paralegal and wanted to add some important details about H1B holders and unemployment benefits. While you are eligible as others have confirmed, there are a few critical things to keep in mind: 1) H1B holders typically have a 60-day grace period to find new employment or change status after job loss, so file your UI claim immediately to maximize your benefit period. 2) Make sure your employer properly notified USCIS of your termination - this affects your legal status timeline. 3) You can receive benefits while searching for work, but if you find a job with a different employer, they'll need to file a new H1B petition (unless it's a cap-exempt position). 4) Keep all your immigration documents updated and readily available since NYS DOL may request them for periodic eligibility reviews. The good news is that receiving unemployment benefits won't negatively impact future immigration applications. Best of luck with your claim!

Wait, if 12 other people were laid off at the same time, that sounds like a mass layoff situation. Did NYS Department of Labor consider that when making their decision? Sometimes they mess up the initial determination if they don't have all the facts about the circumstances. You might want to request your complete file to see exactly what information they based the misconduct finding on.

I went through something similar last year. If you have documentation showing it was a mass layoff (emails about budget cuts, termination letters mentioning layoffs, etc.), that's strong evidence against misconduct. You can request your complete unemployment file through a FOIL (Freedom of Information Law) request to NYS DOL - just submit Form IA 4.3 or send a written request to their FOIL office. This will show you exactly what your employer reported and what evidence they used for the misconduct determination. Sometimes employers incorrectly report layoffs as terminations for cause, and having your file can help you identify discrepancies to challenge.

I'm going through this exact same nightmare right now! Been stuck on this routing number error for Chase for almost two weeks. What's really frustrating is that I used this same account for my state tax refund direct deposit just last month with zero issues, so I know the routing and account numbers are correct. I tried calling Chase yesterday and the rep confirmed my routing number (121000497) is correct for both checks and electronic transfers - no separate ACH number needed. But the NY DOL system still rejects it every single time with that same "traditional checking account" error message. I'm honestly about to just give up and take the KeyBank card at this point. The whole system is clearly broken and I can't afford to keep waiting for benefits while trying to fight with their glitchy website. It's ridiculous that in 2025 we still can't get a basic direct deposit to work properly. Has anyone who ended up taking the debit card regretted it? Like are there hidden fees or other issues I should know about before I throw in the towel on direct deposit?

I'm having this EXACT same problem right now! Also with Chase, same routing number (121000497), and I've been banging my head against the wall for days. I even went to a Chase branch yesterday and had them print out my account details to triple-check everything - all correct, but the NY DOL system just keeps spitting back that same "traditional checking account" error. What's really getting to me is that this is literally the same account I use for my payroll direct deposit from my part-time job, so I know it works fine for electronic transfers. The NY unemployment system is just completely broken. I'm probably going to try calling Chase tomorrow to ask about the ACH routing number that @Zainab Ahmed mentioned, but honestly after reading all these horror stories about 3+ hour hold times, I might just bite the bullet and use that Claimyr service. At this point I'd rather pay a small fee than lose my sanity trying to get through to an actual human at the unemployment office. Thanks everyone for sharing your experiences - at least now I know I'm not going crazy and this really is a widespread system issue!

The whole system is rigged against workers anyway. Companies know exactly how to fire people 'for cause' to avoid paying higher unemployment taxes. Meanwhile we're stuck trying to figure out these impossible rules just to get benefits we already paid into

I went through something similar a few months ago. The key thing I learned is that NYS Department of Labor looks at whether you had a "compelling reason" to quit. Toxic behavior from supervisors can qualify, but you really need solid documentation. I kept a detailed log with dates, times, and what happened each incident. Also saved any written communications that showed the problematic behavior. When I applied, I wrote a clear timeline in my application explaining how I tried to address the issues internally first. It took a while to get approved but they eventually ruled in my favor. The documentation made all the difference - don't just rely on your word against theirs.