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cipher20

H1B unemployment period and unemployment benefits

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Work in California on H1B visa. Was laid off on 7/9/21 and received by last paycheck the same day. Want to understand few things .The paycheck I received is dated 7/1 - 7/15/21 but pay prorated for number of days worked in July . They offered 4 weeks pay as severance package, but it looks like it would be a 1 time payment. Asked them to keep me on payroll instead to extend the 60 day period but employer said they cannot do it.
- When does my unemployment period start - 7/9 or 7/15 ?
- For the 60 day unemployment period - Do I need to receive a job offer within 60 days or have my visa transferred within 60 days or satisfy some other condition to not be out of status ?
- Am I eligible to claim unemployment benefits from Cal State. If I do claim would it have any legal repercussions in future for Green Card etc ?? 

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On H1 you can not get unemployment benefits.

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On 7/13/2021 at 5:26 PM, cipher20 said:

- When does my unemployment period start - 7/9 or 7/15 ?

It's your last day at work, seems like it was 7/9- do not confuse with date on pay stub or leave dates or anything else. 

On 7/13/2021 at 5:26 PM, cipher20 said:

visa transferred within 60 days

This

On 7/13/2021 at 5:26 PM, cipher20 said:

Am I eligible to claim unemployment benefits from Cal State. If I do claim would it have any legal repercussions in future for Green Card etc ?? 

as other expert already mentioned it.....do not even try it.

On 7/13/2021 at 5:26 PM, cipher20 said:

If I do claim would it have any legal repercussions in future for Green Card etc ?? 

100%

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To expand on the unemployment benefits issue: For unemployment benefits, you have to be willing and able to work in any job. On H1, you are not able to work in any job, you'd need an employer to file an H1 petition, and that's only for a job that requires a college degree. Hence, it is never possible to get unemployment benefits on H1.

Filing for unemployment benefits on H1 would be fraudulent and would result in lots of problems, including for the GC.

Edited by JoeF

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