NYS Department of Labor unemployment benefits - what happens after 90 days on work visa?
I've been collecting unemployment through NYS Department of Labor for about 85 days now and I'm getting really worried about what happens next. I'm on a work visa and my immigration lawyer mentioned something about 90 days being important but didn't give me specifics about how it affects my unemployment claim. Does anyone know if NYS Department of Labor has different rules after 90 days for people on work visas? I've been doing my weekly claims and job search requirements but I'm scared I might lose my status or benefits. Has anyone been through this situation before?
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Avery Flores
The 90-day rule you're thinking of is actually an immigration issue, not specifically a NYS Department of Labor unemployment rule. Your work visa status can be affected by extended unemployment periods. You should definitely consult with your immigration attorney about this because it varies by visa type. For your UI benefits though, NYS Department of Labor will continue them as long as you're eligible and doing your weekly claims correctly.
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Caden Nguyen
•Thank you! So my unemployment benefits won't automatically stop at 90 days? I was so confused because I thought NYS Department of Labor had some cutoff.
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Zoe Gonzalez
i was on h1b and collected unemployment for like 5 months, never had issues with NYS Department of Labor but immigration was a different story
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Caden Nguyen
•What happened with immigration? Did they give you problems later?
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Ashley Adams
If you're having trouble reaching NYS Department of Labor to clarify your specific situation, I had success using Claimyr (claimyr.com) to get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It helped me get answers about my claim status when I couldn't get through the regular phone lines. Might be worth checking out since you want to make sure everything is handled correctly with your visa situation.
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Alexis Robinson
•Never heard of this service but honestly anything is better than spending hours on hold with NYS Department of Labor just to get disconnected
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Aaron Lee
The immigration stuff is separate from unemployment but yeah you need to be careful. Keep documenting your job search efforts for NYS Department of Labor and also for immigration purposes. Some visa types require you to maintain status and prolonged unemployment could affect that.
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Carmen Diaz
I went through something similar on an H-1B visa. The 90-day thing your lawyer mentioned is likely about maintaining lawful status - some visa types have grace periods or requirements about actively seeking work. NYS Department of Labor unemployment benefits themselves don't have a 90-day cutoff for visa holders, but your immigration status could be affected. I'd recommend getting specific guidance from your immigration attorney about your visa type and also maybe reaching out to NYS Department of Labor directly to confirm there aren't any special reporting requirements for your situation. Better to be proactive than find out later there was something you should have done differently.
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Zoey Bianchi
•This is really helpful, thank you! I'm also on H-1B so this sounds exactly like my situation. Did you have to provide any special documentation to NYS Department of Labor about your visa status when you were collecting benefits? And how did things work out with your immigration status - were you able to find work before any issues came up?
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