Can I get unemployment if my work permit expires - NYS Department of Labor eligibility
My H-1B work authorization is set to expire in about 6 weeks and my employer hasn't filed for an extension yet. I'm getting really nervous about what happens if it runs out before they get the paperwork together. Does anyone know if you can still collect unemployment benefits from NYS Department of Labor if your work permit expires? I've been paying into the system for 3 years but I'm not sure about the rules around work authorization status. Has anyone dealt with this situation before?
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Carmen Sanchez
Unfortunately, you generally need to be authorized to work in the US to be eligible for unemployment benefits through NYS Department of Labor. If your work permit expires, you wouldn't meet the 'able and available for work' requirement since you legally couldn't accept employment. However, there might be some exceptions depending on your specific visa status and if you have other pending applications. I'd recommend contacting NYS Department of Labor directly to discuss your particular situation.
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Yuki Watanabe
•That's what I was afraid of. Do you know if there's any grace period or if pending extensions count for anything?
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Andre Dupont
yeah my friend went through this last year and they couldn't get benefits once their EAD expired even though they had been working for like 2 years. the system is pretty strict about work authorization unfortunately
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Zoe Papadakis
The work authorization requirement is pretty firm with NYS Department of Labor. You need to be legally able to work to qualify for UI benefits. However, if you have a pending extension application or adjustment of status, that might affect your eligibility differently. I've heard of cases where people with pending I-485 applications were able to maintain eligibility, but you'd need to verify this with an immigration attorney or NYS Department of Labor directly. The rules can be complex when immigration status is involved.
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ThunderBolt7
•This is really complicated stuff. I tried calling NYS Department of Labor about something similar but could never get through to anyone who knew about immigration issues. Spent hours on hold just to get transferred around.
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Zoe Papadakis
•If you're having trouble reaching someone at NYS Department of Labor who can help with complex eligibility questions, you might want to check out claimyr.com. They have a service that helps people get through to actual agents instead of dealing with the automated system. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth it for something this important where you need specific guidance about your immigration status.
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Jamal Edwards
Wait, I thought if you paid into unemployment insurance you were entitled to benefits regardless? That doesn't seem fair that they can take your money but not pay out when you need it.
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Carmen Sanchez
•I understand the frustration, but paying into the system doesn't automatically guarantee eligibility. There are other requirements like being able and available for work, which includes having legal work authorization. It's similar to how you might pay into the system but still be disqualified if you quit without good cause or were fired for misconduct.
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Mei Chen
ugh the whole immigration/unemployment thing is such a mess. I know someone who was in limbo for months waiting for their green card and couldn't work OR get benefits. really puts you in an impossible situation
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QuantumQuester
This is such a stressful situation to be in. I went through something similar when my OPT was about to expire and my employer was dragging their feet on my H-1B application. From what I learned, NYS Department of Labor is pretty strict about the work authorization requirement - you need to be legally authorized to work to receive benefits. Even though you've been paying in for 3 years, the eligibility rules focus on your current ability to accept work. I'd suggest documenting everything with your employer about the extension delay and maybe consulting with an immigration attorney who might know about any nuances or exceptions. Some people have mentioned that pending applications might affect things differently, but you'll need expert advice on that. Really hope your employer gets their act together soon!
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Zoe Kyriakidou
•@QuantumQuester Thanks for sharing your experience - it's helpful to hear from someone who's been through something similar. The documentation idea is really smart. Did you end up finding any specific resources or advocates who understood both the unemployment system and immigration issues? It seems like there's not a lot of overlap in expertise, which makes it even harder to get clear answers when you're dealing with both systems at once.
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