How many unemployment days can H1B visa holders claim in New York - NYS Department of Labor rules?
I'm on an H1B visa and just got laid off from my tech job in NYC. I'm trying to figure out how many days of unemployment benefits I can actually claim through NYS Department of Labor. My immigration lawyer said something about work authorization affecting benefit duration but wasn't specific about the exact number of days. I have valid work authorization through next year but I'm confused about whether visa status limits the standard 26 weeks of UI benefits. Has anyone with H1B status filed for unemployment in New York? What was your experience with the claim duration?
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Philip Cowan
Your H1B status doesn't change the standard 26 weeks (182 days) of regular unemployment benefits in New York. As long as you have valid work authorization when you file and maintain it throughout your claim period, you're eligible for the full duration. The key requirement is that you must be authorized to work in the US - which your H1B provides. Make sure to report any changes to your work authorization status to NYS Department of Labor immediately.
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Kara Yoshida
•That's a relief! So I should file my weekly claims normally and the 26 week limit applies just like any other worker? Do I need to submit any special documentation about my visa status?
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Caesar Grant
I went through this exact situation last year. Filed for unemployment after my H1B employer terminated me and got the full 26 weeks of benefits. The only extra thing they asked for was proof of work authorization, which I provided by uploading my I-94 and H1B approval notice. The adjudication took about 3 weeks longer than usual - probably because they needed to verify the immigration documents. But once approved, I received benefits for the standard duration.
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Kara Yoshida
•Did you have any issues with the job search requirements? I'm worried about the work authorization aspect when applying to new jobs.
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Caesar Grant
•The job search requirements are the same - 3 work search activities per week. Just make sure you're only applying to positions where you're authorized to work. I kept detailed records showing I was actively looking for H1B sponsor positions.
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Lena Schultz
Wait, I thought visa holders couldn't get unemployment at all?? This is confusing. My friend said something about not being eligible if you're not a citizen. Are you sure about the 26 weeks thing?
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Philip Cowan
•That's a common misconception. As long as you have work authorization and paid into the unemployment insurance system through payroll taxes, you're eligible for benefits regardless of citizenship status. H1B holders definitely qualify since they're legally authorized to work.
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Gemma Andrews
If you're having trouble getting through to NYS Department of Labor to ask about your specific case, I used a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was super helpful when I had questions about my claim status and couldn't get through the regular phone lines. Might be worth checking out if you need to speak with someone directly about the H1B documentation requirements.
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Kara Yoshida
•Thanks for the suggestion! I'll definitely look into that if I can't get through to them directly. The phone lines have been impossible lately.
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Pedro Sawyer
Just be careful about the grace period stuff. If your H1B gets revoked or expires during your unemployment claim, you might have issues. Keep track of all your immigration dates and notify NYS Department of Labor immediately if anything changes with your status.
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Oliver Brown
•This is really important advice! I've heard the 60-day grace period can be tricky. Do you know if NYS DOL has specific procedures for reporting immigration status changes, or do you just call their regular helpline? I want to make sure I handle this correctly if my situation changes.
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QuantumQuester
•From what I remember when I dealt with this, you report status changes through their online system under "Report Changes" or by calling the dedicated claims line. Don't wait for the regular helpline - use the specific number for existing claimants. They have a form you can fill out online too. The key is documenting everything and reporting immediately when your status changes, not waiting until your next certification week.
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Jabari-Jo
I'm also on H1B and went through unemployment filing last year in NYC. One thing to add - when you file initially, make sure you have your I-797 approval notice handy because they'll likely ask for it during the application process. Also, keep copies of your recent pay stubs showing the unemployment insurance deductions - this helps prove you've been paying into the system. The 26 weeks is correct as others mentioned, but the key is maintaining valid work authorization throughout. If you're planning to transfer to a new H1B sponsor during unemployment, notify NYS DOL when you get your new I-797 approved. The process was smoother than I expected once I had all the immigration docs ready.
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Luca Esposito
•This is super helpful! I didn't think about having my I-797 ready during the initial application. Quick question - when you mention notifying NYS DOL about a new I-797 if transferring sponsors, did you have to submit the new approval notice through their online portal or was a phone call sufficient? I'm trying to get all my ducks in a row before I file since I might have a potential sponsor lined up already.
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Javier Hernandez
•@Jabari-Jo Thank you for sharing your experience! I'm in a similar situation and this is really valuable info. When you mentioned keeping pay stubs showing unemployment insurance deductions, did NYS DOL specifically ask for those during your application, or was it more of a precautionary measure? I want to make sure I gather all the right documents before filing. Also, did you face any delays in your benefit payments while they were reviewing your immigration documents, or did the payments start on schedule once approved?
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Kayla Jacobson
•@Jabari-Jo This is exactly the kind of detailed info I needed! I just got laid off yesterday and was panicking about the whole process. Can you clarify what you mean by "unemployment insurance deductions" on the pay stubs? I see various tax deductions on mine but want to make sure I'm looking at the right line item. Also, roughly how long did it take from your initial filing to receiving your first benefit payment? I'm trying to budget for the gap period. Really appreciate you sharing your experience - it's making this whole situation feel much more manageable!
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