I lost my job one day before my EAD card expired. I filed for unemployment and I attended to the mandatory meetings. I had to wait for 4 months and 13 days to receive my new EAD card after the help of a Senator. I was always calling immigration and the department of labor: I was never ever told that the start date would mattered. The department of labor was just telling me that I would get a lump sum of money.
My landlord was very patient and now that I owe 2 months rent and my card is here the department of labor is refusing to pay me the lump sum.
I would like to go to court. What are my chances? I can't afford to be put out.
As Mr. Forman said, if you weren't eligible to work, you won't get benefits for that time period. The question is whether you were eligible to work while you were filing for Unemployment.
Did you have an application for an interrim EAD filed?
And what was the nature of the EAD issued? Clearly the manner of authorization matters.
I suggest you speak to your immigration attorney to review whether you were eligible to work. If that was the case, you should take proof of eligibility to the Department of Labor to demonstrate that you were eligible. You might want to ask them whether there is specific paperwork you can show them to substantiate your eligibility to work.
If you were not eligible to work and did not file for an interrim EAD, you will not be eligible for benefits.
Best of luck.
This does not constitute legal advice or the engagement of my services as an attorney.
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