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I was on H1b and got laid off, after layoff I changed the status from H1b to H4 visa. Can I apply for unemployment benefits?

Columbia, MD |

I was on H1b and got laid off in state of maryland. After layoff I changed the status from H1b to H4 visa. Can I apply for unemployment benefits?
If yes, will this create any adverse condition whe I apply for I485 change of status?
Please help out.

Attorney Answers 3


This 'can I apply' question is not an immigration question. With that said, I have heard that if you can't immediately work .. then you probably can't collect.

No, applying for unemployment won't impact on a I-485 application ... assuming you qualify for an adjustment of status.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Not an immigration question. Please repost.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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I agree with my colleagues. Not an immigration question. But, if you're not available for work, you can't collect unemployment.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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