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Am I legible for Unemployment Insurance Benefits if I worked on H1 visa and now live in Canada?

New York, NY |

Seems my case is complicated. I worked on H1 for 6 years, NYC. I was basically forced to resign due to some circumstances in the company. Moved back to Canada where I'm a PR. Filed for UI. Got denied because the company said I left for no good reason. Fought the case, had a hearing with the AJ and WON the case! Beforehand, I submitted all the documents they asked me, to prove I worked legally. I did that. I assumed that if the case was forwarded to AJ, I was legible for UI. They granted me the money they owed me for the 5 or so months. Immediately after that I got new letter (same as the initial one) asking me to prove if I worked legally. They stopped my payment. Since then, 2 mo now, still waiting to hear back for some resolution. Getting through the phone system is humanly impossible :)

Attorney Answers 3

  1. Probably this question will be better answered by an employment attorney. I will go ahead an reclasify your question.

  2. I agree with my colleague.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

  3. You need to reside in New York State in order to collect unemployment benefits in New York State.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (!/WhiteRoseMarks) or Facebook ( if you have follow up questions as we do not monitor questions after providing an initial answer.

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