Can I claim NYS Department of Labor unemployment benefits while on STEM OPT with gaps in employment?
I'm currently on STEM OPT extension and have been laid off from my tech job for about 3 weeks now. I know there are rules about unemployment periods during OPT, but I'm wondering if I can file for NYS Department of Labor unemployment benefits during this gap? My immigration lawyer mentioned something about 90 days total unemployment allowed during the entire STEM OPT period, but I'm not sure how that interacts with state unemployment benefits. Has anyone been in this situation before? I'm worried about jeopardizing my status but also need some financial support while job searching.
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Anastasia Smirnova
The 90-day unemployment rule is federal immigration law, not NYS Department of Labor policy. You can technically file for unemployment benefits if you meet the work authorization requirements, but you need to be very careful about how this affects your immigration status. The key is that you must be actively seeking employment and available for work, which aligns with OPT requirements anyway.
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Diego Chavez
•Thanks for clarifying! So the unemployment days count toward the 90-day limit regardless of whether I receive benefits or not, right? I just want to make sure I understand the timeline correctly.
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Sean O'Brien
i was on regular opt not stem but filed for unemployment through nys department of labor website and it was fine... just make sure you keep detailed job search records because they require that anyway and it helps with immigration stuff too
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Zara Shah
•Did you have any issues when you applied for your next visa or status change? I'm worried this might come up in future applications.
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Luca Bianchi
I had a nightmare trying to get through to NYS Department of Labor to ask about this exact situation. Spent weeks calling and either getting busy signals or being on hold for hours. Finally found this service called Claimyr (claimyr.com) that actually got me connected to a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent was able to explain exactly how work authorization affects eligibility and what documentation I needed.
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Diego Chavez
•That sounds really helpful! I've been trying to call for days with no luck. Did they charge a lot for the service?
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Luca Bianchi
•They focus more on getting you connected quickly rather than being expensive. Way better than wasting days trying to get through on your own.
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GalacticGuardian
Just want to add that you HAVE to report any unemployment benefits on future immigration forms, so keep all your records organized. The 90-day unemployment period includes weekends and holidays, so it goes faster than you think. Also make sure your job search activities meet both NYS Department of Labor requirements and USCIS expectations.
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Nia Harris
ugh the whole system is so confusing!! why cant they just give straight answers about this stuff... been unemployed for 2 weeks and nobody can tell me if filing will mess up my status or not 😤
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Anastasia Smirnova
•I understand the frustration, but it's because you're dealing with two different government systems - state unemployment and federal immigration. They don't always coordinate well, which is why getting advice from both an immigration attorney and the NYS Department of Labor is important.
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