Just remember you have to keep certifying weekly and doing your job search activities or they'll cut off your payments. Don't get comfortable just because you're approved - stay on top of all the requirements!

Another thing to keep in mind - your weekly benefit amount might look different than expected if you had irregular hours or multiple jobs during your base period. NYS DOL looks at the 4 quarters before you filed, so if you had any gaps in employment or seasonal work, that could affect the calculation. Also, if you're doing any part-time work while collecting, they'll reduce your weekly payment by 25% of whatever you earn over $143. Make sure to report any earnings when you certify each week or you could end up owing money back later.

Hey Lincoln! I went through something super similar last year. You definitely have a right to those retroactive benefits - don't let the system discourage you! Here's what worked for me: I had to call multiple times over several days, but I finally got through by calling right when they opened at 8 AM on a Tuesday. The agent was actually really helpful once I explained my situation with the missing W2 and job search timeline. Make sure you have documentation ready: your layoff notice, any job applications you submitted during those 3 months, and definitely get that W2 from your previous employer. They have to provide it by law. The key is being persistent but polite with the agents. They deal with frustrated people all day, so being understanding goes a long way. Good luck - that money is rightfully yours!

Don't give up! I had a similar situation a couple years ago where I was laid off but couldn't file right away due to missing paperwork. The retroactive claim process is definitely possible but you're right that it's frustrating. A few things that helped me: 1) Keep detailed records of every call you make - date, time, who you spoke with, case numbers if they give you any. 2) Try calling different phone numbers if one isn't working - sometimes the general line gets you through faster than the claims line. 3) If you have any union connections from your trade work, they sometimes have contacts who can help navigate the system. Also, since your tax guy recommended claiming it, that's a good sign you have a legitimate case. The state owes you that money for the time you were actually unemployed and job searching. Keep pushing - it's worth the hassle for 3 months of benefits!

While you're waiting for adjudication, make sure you keep filing your weekly claims even though you're not getting paid yet. If you miss filing weeks, you could lose those benefits permanently even after your issues are resolved. Also, document every attempt you make to contact NYS Department of Labor - dates, times, how long you waited on hold. This information can be helpful if you need to file an appeal later or if there are any questions about your job search efforts during this period.

Have you tried contacting your local assembly member or state senator's office? Their constituent services departments often have direct lines to NYS Department of Labor and can help escalate stuck cases. I had a similar situation last year where my claim was pending for 5 weeks, and after my assembly member's office made one call, I got a determination within 3 days. They don't charge anything for this service and it's part of what they do for constituents. You can find your representatives at nysenate.gov and assembly.state.ny.us by entering your zip code. Worth a shot while you're also trying the other suggestions people have given.

The immigration stuff is separate from unemployment but yeah you need to be careful. Keep documenting your job search efforts for NYS Department of Labor and also for immigration purposes. Some visa types require you to maintain status and prolonged unemployment could affect that.

I went through something similar on an H-1B visa. The 90-day thing your lawyer mentioned is likely about maintaining lawful status - some visa types have grace periods or requirements about actively seeking work. NYS Department of Labor unemployment benefits themselves don't have a 90-day cutoff for visa holders, but your immigration status could be affected. I'd recommend getting specific guidance from your immigration attorney about your visa type and also maybe reaching out to NYS Department of Labor directly to confirm there aren't any special reporting requirements for your situation. Better to be proactive than find out later there was something you should have done differently.

At your hearing make sure you dress professionally and speak clearly. The ALJ wants to see that you take it seriously. Also if you have any union representation or employee handbook provisions about progressive discipline, bring those. Good luck!

I went through a similar misconduct appeal in NYS last year and won! Here's what really helped me: 1) Bring a timeline of events with dates showing when you received conflicting instructions, 2) If possible, get written statements from coworkers who witnessed the confusion about safety protocols, 3) Highlight any gaps in your training - the ALJ needs to see that your employer failed to provide adequate guidance. During the hearing, stay calm and factual. Don't get defensive, just explain how the conflicting instructions led to your confusion. The fact that you received three warnings over six months actually works in your favor - it shows a pattern of trying to correct behavior rather than willful disregard. You've got this!