Los Angeles, CA asked in Employment Law and Immigration Law for California

Q: Can I certify for unemployment benefits if I have an EAD gap?

I applied for my EAD's renewal after my old EAD's expiration date which means there's now a gap in my employment authorization. I'm currently on unemployment and I wonder if I should continue certifying for unemployment benefits. If so, what would the risks be? I definitely don't want to get in trouble with the law. Also, I have withholding of deportation.

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: You are not qualified to receive UI benefits if you are not ready willing and able to take a full time job. If your immigration status means you do not have the right to work right now, then you should not certify that you can.

Good luck to you.

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