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Kara Yoshida

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?

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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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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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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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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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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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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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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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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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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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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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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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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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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@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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@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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@Kayla Jacobson I can help clarify the pay stub question! The unemployment "insurance deductions are" typically listed as SUI "State" (Unemployment Insurance or) sometimes just UI "on" your pay stub. It s'usually a small amount deducted each pay period - in New York it s'about 0.5% of your wages up to the annual wage base. Look for it in the deductions section alongside your federal and state taxes. Having these pay stubs ready shows you ve'been contributing to the unemployment insurance fund, which strengthens your eligibility case. From what I ve'seen with other H1B holders, once your immigration documents are verified, the timeline is similar to regular claimants - usually first payment within 2-3 weeks of approval.

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@Kayla Jacobson I went through this same situation a few months ago! The unemployment "insurance deductions you" re'looking for should be listed as SUI "State" (Unemployment Insurance or) sometimes just Unemployment "on" your pay stub - it s'usually a small amount, like 0.5% of your wages. Mine showed up right next to the other state tax deductions. As for timing, I filed on a Monday and got my first payment about 3 weeks later, but that included the extra time for them to verify my H1B documents. The key is to file as soon as possible after your last day of work - don t'wait! And definitely have that I-797 ready when you apply. You ve'got this!

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@Kayla Jacobson I can help clarify the unemployment insurance deduction part! On your pay stub, look for a line that says SUI "State" (Unemployment Insurance or) UI "-" it s'usually a small amount, typically around 0.5% of your wages. This shows you ve'been paying into New York s'unemployment system. I went through a similar situation on my H1B and found that having this documentation ready helped speed up the verification process. From what I experienced, once your claim is approved which (took about 3-4 weeks including the immigration document review ,)the first payment usually comes within a week of your first successful weekly certification. Hang in there - the process is more straightforward than it initially seems once you have all your documents organized!

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@Kayla Jacobson I can help clarify the unemployment insurance deduction! On your pay stub, look for a line that says SUI "State" (Unemployment Insurance or) NY "SUI -" it s'usually a small amount, typically around 0.5% of your wages up to the annual wage base. Some pay stubs might list it under NY "SDI/SUI combined" with disability insurance. As for timeline, when I filed it took about 2-3 weeks for the initial determination, then another week for the first payment to hit my account. Having your H1B documents ready definitely helps speed up the process. The waiting period feels long when you re'stressed about finances, but once it gets rolling the weekly payments are pretty reliable. You ve'got this!

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@Kayla Jacobson I can help clarify the unemployment insurance deduction! On your pay stub, look for SUI "State" (Unemployment Insurance or) UI "-" it s'usually a small amount, often around 0.5% of your wages. It might also be listed under NY "SUI or" just Unemployment "in" the deductions section. This shows you ve'been paying into the NY unemployment system, which makes you eligible for benefits. Don t'worry if the amount seems tiny - that s'normal! As for timing, most people see their first payment 2-4 weeks after approval, but having all your H1B docs ready upfront like (@Jabari-Jo mentioned definitely) helps speed things up. You ve'got this - the process is more straightforward than it initially seems!

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@Kayla Jacobson I totally understand the panic - I was in the same boat! On your pay stub, look for a line that says something like SUI "State" (Unemployment Insurance or) SUTA "State" (Unemployment Tax Act -) it s'usually a small deduction, maybe $20-50 depending on your salary. In New York, employees don t'actually pay into unemployment insurance it (s'employer-funded ,)so you might not see a specific UI deduction. What you re'really looking for is proof that you were a legitimate employee paying taxes. From filing to first payment, it took about 4-5 weeks for me, but that included the extra review time for immigration docs. The waiting week doesn t'count as payable, so your first payment covers week 2 of unemployment. Hang in there - it does work out!

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@Kayla Jacobson I can help clarify the unemployment insurance deductions! On your pay stub, look for SUI "State" (Unemployment Insurance or) SUTA "State" (Unemployment Tax Act -) it s'usually a small amount, maybe $20-50 per paycheck depending on your salary. In New York, employees pay 0.5% of wages up to the wage base around ($12,300 for 2024 .)This is what funds your unemployment benefits, so having those pay stubs proves you ve'been contributing to the system. As for timing, most people see their first payment 2-3 weeks after approval if there are no issues, but with H1B status verification it might take an extra week or two. Hang in there - you ve'got this!

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@Kayla Jacobson I totally understand the panic - I felt the same way! The unemployment "insurance deductions show" up as SUTA "or" SUI "State" (Unemployment Tax on) your pay stub, though in NY it might just say NYS "UI or" similar. It s'usually a small amount, maybe $5-15 per paycheck depending on your salary. Having those pay stubs ready helped speed up my case since it proved I d'been contributing to the system. From filing to first payment took about 4-5 weeks for me, but that included the extra time for immigration document review. Make sure you file your weekly certifications on time even while waiting for approval - you can backdate benefits once approved. Hang in there, the process works!

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@Kayla Jacobson I can help clarify the unemployment insurance deductions! On your pay stub, look for a line that says SUI "State" (Unemployment Insurance ,)SUTA "State" (Unemployment Tax Act ,)or sometimes just Unemployment "Tax -" it s'usually a small amount, maybe $20-40 per paycheck depending on your salary. This shows you ve'been contributing to the NY unemployment insurance fund. In my case, I didn t'need to submit pay stubs initially, but having them ready helped when they asked follow-up questions during the adjudication process. The timeline was about 3-4 weeks from filing to first payment, but that included the extra review time for immigration docs that @Caesar Grant mentioned. Don t'panic - the system is designed to work for H1B holders who ve'been paying in! Just gather your I-797, recent pay stubs, and be patient with the process.

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@Kayla Jacobson The unemployment "insurance deductions show" up as SUI "State" (Unemployment Insurance or) sometimes just UI "on" your pay stub - it s'usually a small amount, maybe $20-50 per paycheck depending on your salary. It s'separate from federal taxes and shows you ve'been paying into the NY unemployment system. As for timing, I filed on a Tuesday and got my first payment about 4 weeks later 3 (weeks for processing plus the standard 1-week waiting period .)The immigration document review did add about a week to the normal timeline, but once approved, payments were retroactive to cover that delay. Hang in there - the process works, it just takes a bit longer for H1B holders!

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@Kayla Jacobson I can help clarify the unemployment insurance deduction - it should show up as SUI "State" (Unemployment Insurance or) UI "on" your pay stub, usually around 0.5% of your wages. It s'separate from federal taxes and social security. As for timing, I filed on a Tuesday and received my first payment about 3 weeks later after they verified my immigration docs. The waiting period was a bit longer than typical claims, but once approved, all back payments came through. Make sure to keep certifying weekly even during the review period! The key is having your I-797, recent pay stubs, and being patient during their verification process.

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@Kayla Jacobson I can help clarify the unemployment insurance deductions! On your pay stub, look for SUI "State" (Unemployment Insurance or) sometimes it s'listed as NY "SUI or" just Unemployment "in" the deductions section. It s'usually a small amount - in NY it s'0.5% of your wages up to the wage base. As for timing, I filed on a Tuesday and received my first payment about 3 weeks later including (the waiting week .)The immigration document review did add about a week to the normal processing time, but once approved, payments came regularly every week. Make sure to file your claim as soon as possible after your termination date - you can file online at labor.ny.gov and it s'pretty straightforward. The key is having your I-797 and Social Security card ready when you start the application.

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