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Can H4 EAD apply for unemployment benefits - NYS Department of Labor eligibility question

My spouse is on H4 visa with valid EAD (employment authorization document) and just lost their job last month. We're confused about whether they can apply for unemployment benefits through NYS Department of Labor since they have work authorization but aren't a permanent resident. The employer was paying into unemployment insurance for the past 2 years. Has anyone with H4 EAD status successfully filed for UI benefits in New York? Really stressed about this situation and don't want to mess anything up with immigration status.

Just want to add - make sure to keep filing weekly claims on time even if there are initial delays with the claim review. Sometimes they need extra time to verify work authorization but as long as you maintain eligibility you'll get backpay for those weeks.

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I went through this exact situation with my H4 EAD last year when I lost my job. The application process was straightforward - just filed online like anyone else and uploaded my EAD card as proof of work authorization. Got approved within a few weeks. One tip: if you're worried about immigration implications, unemployment benefits are considered earned benefits since your employer was paying into the system, so it shouldn't affect your status. The hardest part was actually getting through to speak with someone when I had questions, but the online system worked fine for filing.

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Can 1099 get unemployment benefits in New York - confused about eligibility

I've been working as a 1099 contractor for a web design company for about 18 months and they just told me they're cutting my contract at the end of this month. I know regular employees can file for unemployment but what about 1099 workers? Can I apply for NYS Department of Labor benefits or am I out of luck? I paid my own taxes and everything but not sure if that matters for UI eligibility. Has anyone else been in this situation?

File the claim anyway and be honest about your work arrangement. Include details about how much control they had over your work methods, schedule, and tools. NYS Department of Labor will investigate and make the determination. Even if you're denied initially, you can appeal with additional documentation about the employment relationship.

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Thank you everyone! I'm going to file and see what happens. Better to try than assume I don't qualify.

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Just wanted to add that if you do end up filing a claim, make sure to document everything about your work arrangement - contracts, emails showing they directed your work methods, any training materials they provided, records of exclusive work periods, etc. The more evidence you have of employee-like treatment, the stronger your case will be if they investigate the misclassification. I've seen cases go both ways depending on how well documented the working relationship was. Good luck with your claim!

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Can DACA recipients get unemployment benefits through NYS Department of Labor?

I've been working in New York for 3 years with my DACA work authorization and just got laid off from my warehouse job. My supervisor mentioned I could file for unemployment but I'm not sure if DACA recipients are eligible for NYS Department of Labor benefits. I have a valid Social Security number and have been paying into the system. Has anyone with DACA status successfully received unemployment in NY? I'm worried about applying if it might cause issues with my immigration status.

I'm actually going through this same situation right now! I'm a DACA recipient who got laid off from my retail job last month. Reading all these responses has been so helpful - I was really nervous about applying because I wasn't sure if it would affect my status somehow. It's reassuring to see so many people confirm that DACA recipients are eligible and that the process is straightforward. I'm planning to file my claim online through my.ny.gov this weekend. Thanks everyone for sharing your experiences, it really makes a difference to hear from others who've been through this!

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I'm glad this thread is helping you feel more confident about applying! I was in a similar position about 6 months ago - also DACA recipient, also worried about potential complications. The online application through my.ny.gov really is straightforward, and like everyone mentioned, they just need your SSN and employment history. One tip: make sure you have your pay stubs and employer information ready before you start the application to make the process smoother. You've got this, and you definitely deserve these benefits after paying into the system! Let us know how it goes.

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I'm a DACA recipient who just started the unemployment application process after reading through all these responses, and I wanted to share what I've learned so far. The my.ny.gov portal is really user-friendly - they ask for basic info like your SSN, previous employer details, and reason for separation. What surprised me is that there's literally no section asking about immigration status at all. The system treats you exactly like any other worker who paid unemployment taxes. I'm still waiting for my determination, but the application itself was much less intimidating than I expected. For anyone else hesitating like I was - don't let fear keep you from accessing benefits you've rightfully earned through your work contributions!

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Thanks for sharing your experience with the application process! It's really helpful to hear that the my.ny.gov portal doesn't even ask about immigration status - that definitely makes it less nerve-wracking. I'm a DACA recipient too and have been hesitant to apply after losing my job last week, but reading everyone's experiences here has been so encouraging. It's amazing how this thread has become such a resource for people in our situation. I'm going to start my application tonight. Really appreciate you taking the time to update us on how it went for you!

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Broke my leg can I get unemployment benefits from NYS Department of Labor?

So I work in construction and last week I fell off some scaffolding and broke my leg pretty bad. Doctor says I'm going to be out of work for at least 8-10 weeks maybe longer. My supervisor said they can't hold my position that long. Can I file for unemployment benefits through NYS Department of Labor while I'm recovering? I've never dealt with this before and don't know if being injured counts as being able to work. Really stressed about how I'm going to pay my bills.

Wait I'm confused - can you get both workers comp AND unemployment at the same time? Or is it one or the other? I always thought if you got hurt at work you couldn't file for unemployment benefits.

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Generally you can't receive both simultaneously. Workers comp is for when you're unable to work due to injury. Unemployment is for when you're able to work but can't find employment. They serve different purposes and have different eligibility requirements.

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Hey Malik, sorry to hear about your accident. Just wanted to add that when you do file for workers comp, make sure to document everything - photos of the accident site if possible, witness statements, medical records, etc. Also, don't let your employer pressure you into not filing. In NY, contractors are often covered under workers comp even if they're not direct employees, especially in construction. The sooner you file the better - there are deadlines for reporting workplace injuries. Hope you heal up quickly!

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Are you eligible for unemployment - confused about NYS Department of Labor requirements after layoff

Just got laid off from my retail job last week and honestly have no idea if I'm even eligible for unemployment benefits. I worked there for about 18 months but it was only part-time, usually around 25-30 hours per week. My manager said something about filing with NYS Department of Labor but I don't know what the requirements are. Do you have to work full-time to qualify? What about if you were let go because of slow business rather than being fired for cause? I'm 22 and this is my first time dealing with unemployment so I'm completely lost on what I need to do or if I even qualify.

The whole system is so confusing! I was eligible but didn't realize I had to do the job search activities every week. Make sure you keep track of your job contacts because they can ask for your log anytime.

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Good point - you need to make at least 3 job contacts per week and keep records. You can do this through online applications, in-person visits, networking contacts, etc. NYS Department of Labor has specific requirements about what counts as a valid job contact.

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@Zoe Papadakis - definitely file your claim as soon as possible! There's usually a waiting week before benefits start, so the sooner you apply the better. You can file online at labor.ny.gov (not my.ny.gov). You'll need your Social Security number, driver's license, and employment info for the past 18 months including employer names, addresses, and dates worked. Since you were laid off due to business reasons, you should qualify. Just make sure to file your weekly certifications on time once your claim is processed - you can usually do this online or by phone every week.

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