New York, NY asked in Employment Law and Immigration Law for New York

Q: Work authorization was valid when I applied for benefits. It has been expired but I applied for new one. Claim benefits?

When I applied for my unemployment benefits my work authorization was valid. During the time when I was getting benefits my work authorization expired. I have applied for work authorization Renewal. Can I get my unemployment benefits after I applied for a new unemployment authorization?

2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Tarrytown, NY
  • Licensed in New York

A: That question would be better answered by an immigration lawyer. We generally believe that employees who were authorized to work during their base periods would be entitled to benefits. The problem you face is that each week when you certify for benefits you state that you are ready willing and able to accept work. If you do not have a work authorization on any date how could you legally work? Speak with an immigration lawyer to determine whether you falsely certified for benefits at any time and if you did what should you do next???

Adan Vega agrees with this answer

Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: In general, you must have a valid work permit or any immigration status that allows you to work to request unemployment benefits.

You must be authorized to work at the time you apply for the benefit, throughout the time you receive the benefit, and also during the “base period” prior to your application for this benefit.

In certain cases , employment authorization can be extended upon filing the FORM I-765 with USCIS.

You should check with your immigration attorney to determine if you are eligible for unemployment benefits.

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