New York Unemployment

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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!

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Thank you so much for sharing your experience! It's really reassuring to hear from someone who went through the same situation recently. I'm definitely going to file as soon as possible - didn't know about the one-week waiting period. Did you have any issues with the job search requirements while on H1B? I'm wondering if there are any restrictions on what types of jobs I can apply to or if I need to stick to positions that match my visa category.

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@Fatima Al-Qasimi Great question about job search requirements! From my understanding, as an H1B holder you should be able to apply for any position that matches your skill level and experience, not just jobs that specifically match your visa category. The unemployment system looks at whether you re'genuinely seeking work that you re'qualified for. However, I d'recommend double-checking this with the DOL when you file your claim, since immigration and unemployment rules can interact in complex ways. Also, keep detailed records of your job search activities since you ll'need to report them weekly. Good luck with your claim!

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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!

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This is incredibly helpful information, thank you! I had no idea about the 60-day grace period detail - that's definitely something I need to keep track of. Quick question: do you know if the grace period starts from the actual last day of work or from when the employer officially notifies USCIS? My last day was Friday but I'm not sure when HR will submit the termination notification. Also, when you mention "cap-exempt positions," are you referring to positions at universities, research institutions, and nonprofits? I want to make sure I understand all my options while collecting benefits.

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Thanks everyone for clearing this up! I had no idea it was entirely employer-funded through their unemployment taxes. I was actually worried I hadn't been paying enough into the system somehow. It's good to know that when I file my claim with NYS Department of Labor, I'm accessing benefits that my previous employers have already paid for through their tax contributions. Makes the whole process feel more legitimate and less like I'm asking for a handout.

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Exactly! I had the same misconception when I first filed. It's actually a pretty smart system - employers pay into it based on their history of layoffs, so companies that are more stable with their workforce get lower rates. Don't feel guilty about using it at all - you've earned these benefits through your work history, even though you weren't directly paying in.

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This is really helpful information! I'm in a similar situation and was also confused about the funding. One thing I'm still wondering about - does the amount of benefits I can receive depend on how much my employer paid in taxes, or is it based on my earnings history? I want to make sure I understand how the benefit calculation works with the NYS Department of Labor system.

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Your benefit amount is based on your own earnings history, not on how much your specific employer paid in taxes. NYS Department of Labor calculates your weekly benefit amount using your wages from the highest-paid quarter in your "base period" (usually the first 4 of the last 5 completed calendar quarters before you file). The maximum weekly benefit is currently around $504. So even if your employer paid minimal unemployment taxes, you could still get the full amount you're entitled to based on your work history.

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I went through this exact same thing a few months ago - got the fact finding notice after being on benefits for about 2 months. Turned out my former employer had finally submitted their response to NYS Department of Labor (they're supposed to do it within 10 days but many take their sweet time). The fact finding interview was actually pretty straightforward - they just wanted to confirm the details of my layoff and make sure my employer's version matched mine. The whole process took about 2-3 weeks, and my benefits continued during the investigation. Just make sure you respond to any requests promptly and keep all your documentation handy. You've got this!

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@Dmitry Ivanov Thanks for sharing your experience! That s'really reassuring to hear that benefits continued during your investigation. I was worried they might put a hold on payments while they re'doing the fact finding. Did you have to provide any specific documents during the process, or was it mostly just answering questions about what happened? I want to make sure I have everything ready when they contact me.

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I'm going through this right now too! Got my fact finding notice last week and was terrified at first. From what I've learned, it's actually pretty normal - NYS Department of Labor does these investigations regularly to make sure everything is legitimate. The key things I've been told: 1) Keep filing your weekly claims unless they specifically tell you to stop, 2) Respond to any requests immediately with complete honesty, and 3) Keep copies of everything you send them. My cousin went through this last year and said the actual interview was much less scary than she expected - they just wanted to verify the details of her job separation. Try not to stress too much (easier said than done, I know!). Most people who were legitimately let go or laid off get through the process just fine.

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Been there! The waiting is the worst part but hang in there.

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I went through fact-finding last year and it took about 5 weeks for my case. The NYS Department of Labor did call me once during the process to clarify some details about my separation, but mostly it was just waiting. One thing that helped me was checking my online account regularly - sometimes there would be updates in the system before I got any official notification. Also make sure you respond quickly to any requests they send you, as delays on your end can really extend the timeline. The good news is that once they make a determination, if it's in your favor, you'll get all the back payments pretty quickly.

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Thanks for sharing your experience! That's really helpful to know they might call during the process. I've been checking my online account obsessively but haven't seen any updates yet. Did they give you any heads up before calling or did it just come out of the blue? I want to make sure I don't miss their call if they try to reach me.

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Hey everyone! Just wanted to say thank you so much for all the detailed responses - this thread has been incredibly helpful and reassuring! 🙏 I'm feeling a lot less panicked now knowing that this withdrawal process is actually pretty common and that most people here got favorable outcomes with backpay. The 30-day timeline rule @Madeline Blaze mentioned is especially comforting to know there's actually a deadline they have to meet. I've started implementing everyone's advice: - Continuing to certify weekly ✅ - Checking both email AND physical mailbox daily now (thanks @Nia Davis!) - Started organizing all my employment docs just in case - Bookmarked claimyr.com for if I need to actually talk to someone @MoonlightSonata your experience sounds almost identical to mine and knowing you got through it successfully in 4 weeks with full backpay gives me so much hope! @Fatima Al-Hashimi your breakdown of what to expect was super helpful too - I screenshot it for reference! Will definitely update this thread once I hear back from them. Fingers crossed it's good news! Thanks again everyone for sharing your experiences and making this whole stressful process feel less isolating. This community is amazing! 💪✨

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@Victoria Scott So glad this thread has been helpful for you! I m'also pretty new to dealing with unemployment stuff and it s'been such a relief to read everyone s'experiences here. Your checklist approach is really smart - I m'definitely going to follow your lead on organizing all the employment docs ahead of time. The whole system seems so overwhelming when you re'dealing with it alone, but having this community share their knowledge makes it feel way more manageable. Wishing you the best with your case and hope you get that favorable determination soon! 🤞 Please do update us when you hear back - I m'sure there are others following along who would benefit from knowing how it turns out!

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Just went through this withdrawal process myself about 3 months ago and wanted to share what I learned! The whole experience was definitely anxiety-inducing at first, but it ended up working out fine. My timeline was about 3.5 weeks from withdrawal letter to new determination. What really helped was staying organized - I created a simple spreadsheet tracking all dates, correspondence, and actions taken. A few practical tips that made a difference for me: - Set phone/email alerts to check your account at the same time daily - Take photos of all mail/documents with your phone as backup - If they request info, respond same day if possible (I submitted mine within hours) - Keep a log of all phone attempts - it helps when you finally get through to someone The uncertainty during those 3+ weeks was rough, but getting that backpay for all the weeks I was waiting made it worth hanging in there. Most withdrawals I've heard about end up being resolved in the claimant's favor - they're usually just covering their bases with extra documentation. Stay patient and keep following everyone's great advice here! This community has been such a lifesaver for navigating these bureaucratic hurdles. 🙌

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