My 6th year H-1B will expire on 5/22/2003 and I'm loosing my job due
to that. Couple of day-dream questions on unemployment benefits.

Q#1. 

Can I claim unemployment insurance? I called the EDD and they checked
my SS# is eligible for unemployment but according to the following
link I'm not eligible as I'm not laid off and moreover, I won't be
able to work due to lack of permit to work.

http://www.edd.ca.gov/uimer.htm

********************************************

Q#2.

If I'm not eligible according to the link, how can I claim back my SS
taxes and unemployment insurance premium that were deducted from my
pay-checks for 6 years? Shouldn't they legally give me those back if I
don't qualify for unemployment insurance? If they don't give it back
what are my options to claim that?

Just an FYI, I'm moving to F-2 (dependent of my wife who is moving to
F-1) BUT will NOT have the Employment authorization in F-2.

Hello Datapro ~

Question 1
==========

Although you would be eligible for Unemployment, you are right that
you cannot collect if you are not eligible to work. It's sort of a
"Catch 22" there.

If you obtain work authorization, you can then apply for unemployment
in California. (I am assuming California because of the URL you
listed).

 - http://www.edd.ca.gov/uimer.htm
 - http://www.edd.ca.gov/uiind.htm


Question 2
==========

You will be eligible to receive Social Security Benefits upon
retirement - in some cases as early as age 62, and under certain
circumstances (such as disability), even earlier.

Both you and the employer pay into the Social Security fund, and you
can find information on payment of Social Security Benefits here:
 - http://www.ssa.gov/pubs/10024.html


So far as unemployment benefits, those are entirely paid by the
employer, and are not deducted from your wages.

" Employers finance the UI program by tax contributions. In
California, the EDD administers the UI program according to guidelines
established by the UI Code and the California Code of Regulations,
Title 22."
 - http://www.edd.ca.gov/uiind.htm


There is no way to 'collect' unless you are eligible for employment
and are actively seeking employment.

Sorry it wasn't happier news for you - but I would seek help from your
local Immigration office to get status changed if that is your desire.

Regards,
Serenata

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Request for Answer Clarification by datapro-ga on 17 May 2003 19:42 PDT

Thanks for confirming Serenata. I knew it already. But that's kinda
flaw in the system. Can I do anything about it?

Even though I'm currently at F-2 (pending), I'm alos working on to get
an E-2 dependent (business through my wife) where I'd be able to get
an EAD within 90 days or sooner.

Should I wait till then to apply for unemployment? Or should I try now
and then later again? If I try now will that cause a problem later
when I'd have the EAD in 3 months?

I know you can get an instant EAD in Ploitical Asylum from the local
INS office. Is there any way to get the EAD sooner than 90 days in
E-2?

What kind of help can I seek from local INS office for status change?

I'd appreciate your answer.

---

Clarification of Answer by serenata-ga on 17 May 2003 20:20 PDT

The reason I suggested advice from the local INS office is that they
can give you the information at no cost.

Something you might consider, too, although there is a cost involved,
is consulting with an attorney who specializes in Immigration matters.
As a rule, they stay on top of any applications and know the "nuances"
to keep everything working smoothly.

Where I live, we have two well-known attorneys who handle nothing but
immigration matters.

Immigration forms, even with their instructions, etc., are often
confusing, or there's another piece of information needed, because of
some special circumstance, etc. If something is considered missing,
needing explanation, records need checked, etc., the whole process
starts to grind to a halt.

Immigration attorneys know exactly what and how to file, where and how
to ask for exceptions to any rule or regulation and there are no
delays caused by bureucratic slowdowns, etc., so everything goes along
without a hitch.

If time is of the essence here, the cost may well be worth it.

As for filing now for unemployment. The minute you become ineligible,
benefits will stop (effectively before they even begin), and once
eligible, you'd have to refile. It would seem to make sense to wait
until such time as you actually qualify for unemployment benefits
before you file.

Sorry the news wasn't any more hopeful,
Serenata

Honest simple yet straight answers.