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?
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.