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Andre Lefebvre

Washington ESD unemployment eligibility when work permit expires - need help

My work authorization is expiring in about 6 weeks and I'm not sure if I can collect unemployment benefits after that. I've been working full-time for the past 2 years at a manufacturing company in Tacoma and paying into the system. Does anyone know if Washington ESD will approve unemployment claims if your work permit expires? I'm worried about what happens if I can't find a new job before my authorization runs out.

Generally speaking, you need to be authorized to work in the US to be eligible for unemployment benefits in Washington. If your work permit expires, you would no longer meet the 'able and available for work' requirement that Washington ESD uses to determine eligibility. Have you applied for renewal of your work authorization?

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I'm in the process of renewing but it takes months to get approved. So there might be a gap between when my current permit expires and when the new one comes through.

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That gap period would be problematic for UI eligibility. You'd need valid work authorization to continue receiving benefits.

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this is a complicated situation and Washington ESD adjudicators handle these cases differently. You should definitely call them directly to discuss your specific circumstances because there might be some nuances in your case that could affect eligibility

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I've been trying to call for weeks but can never get through. Their phone lines are always busy or I get disconnected after waiting for hours.

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I had the same problem reaching Washington ESD until I found Claimyr. It's a service that helps you get through to actual agents - check out claimyr.com. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me so much time and frustration.

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From what I understand, you have to be legally authorized to work to receive unemployment benefits. But there might be some grace periods or special circumstances that apply. The timing of when you file could also matter - if you file while still authorized, that might make a difference.

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That's not entirely accurate. Once your work authorization expires, you're no longer eligible regardless of when you initially filed. The eligibility requirements are ongoing, not just at the time of filing.

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Thanks for the clarification. I wasn't sure about the ongoing requirements vs initial filing requirements.

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I went through something similar last year. My H-1B status was expiring and I was worried about unemployment eligibility. Washington ESD told me directly that I needed to maintain valid work authorization throughout the entire benefit period. No work permit means no benefits, period.

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Did you end up getting your status renewed before it expired? What did you do during the gap period?

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I was lucky and got approved for an extension just before my old status expired. But I had a backup plan to return to my home country if needed. The uncertainty was really stressful.

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Wait, I thought if you paid into the unemployment system you're entitled to benefits regardless of your current status? That doesn't seem fair if you've been contributing for years.

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Contributing to the system gives you the right to apply, but you still have to meet ongoing eligibility requirements. One of those requirements is being authorized to work. It's not just about what you paid in - it's about your current ability to accept employment.

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That makes sense I guess. Still seems harsh though for people who've been working and paying taxes for years.

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Have you considered applying for unemployment benefits now, while you still have valid work authorization? That way you could at least get some benefits before your permit expires. You might be able to get a few weeks of payments.

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I'm still employed though. Can you file for unemployment while you're still working?

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No, you generally can't file while still employed full-time. You'd need to be laid off or have your hours reduced significantly. I was thinking if you knew you were going to lose your job soon because of the permit expiring.

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THE WHOLE SYSTEM IS BROKEN! I've been dealing with Washington ESD for months and they make everything so complicated. Why should someone who's been working and paying taxes be denied benefits just because of paperwork delays?

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I understand the frustration but these are federal requirements that Washington ESD has to follow. They don't have discretion to ignore work authorization rules.

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Still doesn't make it right. These are real people with real bills to pay.

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What type of work permit do you have? Some types have different rules for renewal and gaps in authorization. Also, are you applying for a different type of status or just renewing the same one?

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I have an EAD card that's expiring. I'm applying for renewal of the same status but the processing times are really long right now.

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EAD renewals can definitely take a while. Have you looked into expedited processing if you qualify? Sometimes there are options for urgent situations.

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I know someone who had this exact situation. They filed for unemployment while their work permit was still valid, but then Washington ESD cut off their benefits when they couldn't prove continued work authorization. The adjudication process took forever too.

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That's exactly what I'm worried about. How long did the adjudication take?

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Like 8 weeks I think? And they had to pay back some of the benefits they received during the gap period. It was a mess.

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Honestly, your best bet is to get through to Washington ESD directly and explain your situation. They deal with work authorization issues regularly and can give you specific guidance. I mentioned Claimyr earlier - it really does help you reach agents quickly instead of waiting on hold forever.

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I'll check out Claimyr. At this point I'm willing to try anything to get through to someone at Washington ESD.

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I used Claimyr too when I had adjudication issues. Worth it just for the peace of mind of actually talking to someone who knows the rules.

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Are you considering any other options? Like finding a new job before your permit expires, or looking into other types of benefits that might be available?

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I'm definitely job hunting but the market is tough right now. I'm not sure what other benefits would be available - do you know of any?

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Depends on your situation but there might be local assistance programs or food banks that don't have the same work authorization requirements. Worth looking into.

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This is why immigration law is so complicated. You're caught between federal work authorization rules and state unemployment benefits. Even if Washington ESD wanted to help, their hands are tied by federal requirements.

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Yeah, I'm starting to understand that. It's frustrating but I guess I need to focus on what I can control.

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Have you talked to an immigration attorney? They might know about options or strategies that could help bridge the gap period.

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I haven't but that's a good idea. Even if it costs money upfront, it might save me from bigger problems later.

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Exactly. Many offer free consultations too, so you could at least get some initial advice without spending anything.

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same thing happened to my brother last year. he ended up having to move back home for a few months until his new work permit came through. not ideal but at least he had family support

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That might be my backup plan too. Hopefully it doesn't come to that but good to know others have managed similar situations.

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One thing to consider - if you do file for unemployment while authorized, make sure you're 100% honest about your work permit status. Washington ESD will eventually find out and overpayment issues are a nightmare to deal with.

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Definitely planning to be completely transparent. The last thing I need is to owe money back to Washington ESD on top of everything else.

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That's the right approach. Honesty from the start will save you a lot of headaches later, even if it means you don't qualify for benefits.

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The timing really matters here. If your permit expires while you're receiving benefits, you'll need to report that change immediately. Washington ESD requires you to report any changes that affect your eligibility.

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Good point. I'll make sure to report any status changes right away if I do end up filing for benefits.

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Just want to echo what others have said about calling Washington ESD directly. Every situation is different and you need official guidance, not just forum advice. The Claimyr service that was mentioned earlier could really help you get through.

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Thanks everyone for all the advice. I'm going to try Claimyr to reach Washington ESD and also look into talking to an immigration attorney. At least now I have a better understanding of what I'm dealing with.

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Good luck! Hope you get through to someone at Washington ESD soon and get some clarity on your situation.

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