1. Can a H1B visa (with approved I140) claim unemployment benefit?
2. If he does and regains H1B will that be a problem during I485/GC/Naturalization?
3. How long can a H1B visa holder claim unemplyment benefit? Isn't it unfair for a 7+ years H1B visa holder who contributes towards unemplyment insurance can claim benefit for only certain number of days because not getting paid on H1B is unlawful?
4. Can the person on EAD claim unemployment benefit? Will that be a problem during I485/GC/Naturalization?
1. Theoretically, yes. However, the loss of employment is also the loss of H-1B status.
3. See #1 above.
4. Yes. Could be a problem depending on the basis for the EAD.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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