Is TN qualify for Unemployment Insurance?

That is a much better social program than Canadian EI. One would never have a valid claim in Canada while putting in so little time, or such low earnings, at work. In Canada one has to put in a whole 6 months of labour regardless of how much money one made, to be eligible at all.

Yes but in Canada one would then qualify for full benefits immediately after being laid off. In California and most US states if one were laid off after six months, depending upon one's earnings level and the timing in the quarter, one might not qualify for full benefits. For example if someone were laid off on May 15, 2009 after six months of employment in California, and filed a claim immediately, their claim would be based only on their earnings from Nov 15, 2008 to Dec 31, 2008. Unless they earned at least $11675 during that period--many people claiming unemployment wouldn't earn anything close to that amount over a six week period--their benefit would be for less than the maximum.

Such a person might seriously consider waiting until July 1 when the new quarter begins to file a claim and get a larger benefit. Also some US states do require at least some earnings in more than one quarter. The US system seems to be designed to encourage short-term and/or lower earning employees to wait to file unemployment in a lot of cases--presumably in the hope that a lot of people will find new work before they file a claim and never end up filing.

The US system seems to be designed to encourage short-term and/or lower earning employees to wait to file unemployment in a lot of cases--presumably in the hope that a lot of people will find new work before they file a claim and never end up filing.

The number of "hours" needed to qualify for EI in Canada would have a similar effect on many seasonal or part time workers, except that no matter how long they wait, they will not be eligible for benefits, period. Someone who has worked 6 months in California, should be able to collect UI very soon, regardless of how many hours they worked, based on their overall income for the last qualifying quarter.

Also in Canada the EI system is tweaked to underpay city dwellers in favour of rural, or Atlantic claimants. It does that by taking into account regional unemployment rates for determining length, and therefore total amount, of benefits. But it does not take into account the cost of living for the region. It also sets a repayment threshold of just under $50,000 yearly net income, which is not much in a city, but plenty good in small towns or most of Atlantic Canada.

Also in Canada the EI system is tweaked to underpay city dwellers in favour of rural, or Atlantic claimants. It does that by taking into account regional unemployment rates for determining length, and therefore total amount, of benefits. But it does not take into account the cost of living for the region. It also sets a repayment threshold of just under $50,000 yearly net income, which is not much in a city, but plenty good in small towns or most of Atlantic Canada.[/quote]
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So I think if one loses the US job, it MAY not really be worthwhile to run back to Canada for EI benefits alone...especially if one is in TO or any city where the cost of living is higher but the benefits are the same as in the small towns.

So I think if one loses the US job, it MAY not really be worthwhile to run back to Canada for EI benefits alone...especially if one is in TO or any city where the cost of living is higher but the benefits are the same as in the small towns.

People don't go back to Canada from the US just to collect US UI. There are usually other issues involved in such a move, which usually are tied to their temporary US work visa expiring when they loose their job. However, a person receiving US UI will not have their benefits period cut short because they live in a city (with a lower unemployment rate). Therefore someone on US UI in Toronto will not receive less money overall than someone in Halifax or PEI, unlike a person on Canadian EI. They will receive the same money for the same length of time. Granted, living in a place with a lower cost of living will help. But the prospect of a good job/lifestyle may be lower there.

thanks jr_van very good information. I will be applying for unemployment in oregon in a few weeks so I will provide an update if it works out,

Thank you JR_VAN for sharing such beneficial information.

I got laid off last week in Texas and was going through Texas UI benefits website. But, as you suggested it is good idea to apply by calling them, I’ll do so. Can I do this by staying in US and also looking for new jobs at the same time, is it legal ?
Also my consulting company gave me 3 days notice, where as in their documents it is clearly mentioned that 15 days notice will be given. When I contacted my account manager he said we have talked on this issue 1.5 month ago (there were rumors at job that project will end in 2 months) but consulting company or end client didn’t give any kind of official notice. What should I do in this situation? Should I fight for 11 days pay or just ignore it (they were good relations for last 3 years). thanks

Sorry for the late reply. I have not been here for a while. The reasoning why you must be in Canada to apply for UI (if you are a Canadian whose temporary work permit in the US is no longer valid) is that you are supposed to be looking for work. If you are in the US, you cannot legally be loking for work, as you are not able to legally work in the US, even if you could easily get another visa.

As for the required layoff notice, that is only relevant to UI if they challenge your eligibility based on the reasons you are no longer working in that place.

My take on this is that rumours or innuendo about shutting down your project do not constitute a legal notice of layoff. Usually those notices have to be explicit and in writing. Even if there were good relations the last three years, they are strying to stiff you of some money now. Call the State Department of Labor and ask them about this. If it turns out that they owe you money, you can tell them that innuendo does not constitute a legal notice of layoff, that you want your money or you will be contacting the State Department of Labor to follow up on this.

So I think if one loses the US job, it MAY not really be worthwhile to run back to Canada for EI benefits alone...especially if one is in TO or any city where the cost of living is higher but the benefits are the same as in the small towns.

People don't go back to Canada from the US just to collect US UI. There are usually other issues involved in such a move, which usually are tied to their temporary US work visa expiring when they loose their job.
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Well if one has a 3 year TN or H1 and loses the US job, one can, with some paperwork maybe, stay on for the duration of the 3 years without hassle and without a job. Probably no unemployment benefits but one should be able to just stay on until they get a new job or the 3 years are over, whichever comes first, hopefully and surely the former ie a job.

I am not sure why people have to scramble to stay on if they lose the US job...with some paperwork (I-539 ?), they should be ok to stay on.

Well if one has a 3 year TN or H1 and loses the US job, one can, with some paperwork maybe, stay on for the duration of the 3 years without hassle and without a job.

If you've got no job and you're in one of those categories you have to leave in a "reasonable" amount of time, which USCIS seems to interpret as ten days or less. If you've already been in the US for six months you usually cannot change status to a visitor or re-enter as a visitor.

Moreover employers are legally required to notify USCIS of layoffs or firings of people in H-1B.

Well if one has a 3 year TN or H1 and loses the US job, one can, with some paperwork maybe, stay on for the duration of the 3 years without hassle and without a job.

If you've got no job and you're in one of those categories you have to leave in a "reasonable" amount of time, which USCIS seems to interpret as ten days or less. If you've already been in the US for six months you usually cannot change status to a visitor or re-enter as a visitor.

Moreover employers are legally required to notify USCIS of layoffs or firings of people in H-1B.

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This US work permit regime is really a peculiar one. I can tell you that in at least some other places, if the job ends, one can stay without hassle till the permit ends. No change of status or so needed. One just keeps on looking for a new job if possible till the permit is over.

Mind you, this is different from the portability issue. The permit may or may not be portable but no change to visitor status is needed in some countries if the job ends.

I find this US temporary work permit to be really strange.