Is TN qualify for Unemployment Insurance?

[JR_VAN]

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The reasoning why you must be in Canada to apply for UI (if you are a Canadian whose temporary work permit in the US is no longer valid) is that you are supposed to be looking for work.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.

[dannykool]

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.

[Steven]

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.

[dannykool]

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.

[syavash]

hello,
i wish i had read this discussion sooner.
I was working in USA since 2001, First I had TN visa but after 2-3 years I changed it to H1-B visa.
then I changed my employer twice.
At my last job, I worked in california for 16 months but in late february got laid off.
After a month --in late march i had a phone interview with Unemployment and they sounded confused and rejected my UI claim but told me to appeal it! now my apeal court is next week!
Imigration lawyers told me I can legally stay in USA as long as my H1-B expiration date says! which is in a few more months. thwey told me I'll be out-of-status but not illegally staying here.

any way, the reason they denied my claim are:
1- I worked illegally here!!!! ( I worked legally here, I have H1-B visas, even the job offer etc.. any thing else i need to get with me in the apeal court??)


2- and 3)I am not eligible to work here in USA!!!
I thought if i get a job offer i can get a new TN visa ( my 6 years h1-B) expires in a few months.

So any suggestion for appeal court? documents I should take? why the heck EDD did not tell me if I want unemployment I should leave USA?
I have activelly looked for work but never worked after my lay off!
i even did not accept "consulation" position on hourly bases as I did not know the laws.

now do i have any hope to add to that maximum 6 months period? or at all?
edd told me because my claim was denied --even thought i worked in other states, if i lose my appeal i lose it.

any help i appreciate it.
thanks.

[Steven]

You have to be available for work, and you're not so I would have thought your appeal would be rejected. Like it says further back in the thread, you need to leave and apply from Canada. And you need to do that for immigration reasons anyway.

[syavash]

Steve, thanks.
I was laid off in late february! I called immigration lawyers and they told me I not staying here illegal until the date on my H1-B expires!
are they right?

my other questions are:
1- should i apply from canada, means I should do within 6 months???? of my lay off?
if so i wish i knew it sooner.

2- here they told me as long as your appeal is rejected you are not eligible to apply from any state. so if i go back even from canada i cannot do it?

3- if i find a job here, they cannot switch me to TN because I were on h1-b for too long?


4- what should i do for my belongings?
i am thinking driving from calif. to toronto leaving my stuff for now in a storage here and ask either some1 to send them to me later or afer i founmd a place in toronto, come back and take them. Do i need any paper work done so when my belongings are sent back to canada i do not have to pay any customs????

[axolotl]

Steve, thanks.
I was laid off in late february! I called immigration lawyers and they told me I not staying here illegal until the date on my H1-B expires!
are they right?

No, they're wrong. You are required to leave the US immediately (typically, within 10 days of termination). Once you've been laid off, the employer is required to notify USCIS of your termination. You are now out of status.

my other questions are:
1- should i apply from canada, means I should do within 6 months???? of my lay off?
if so i wish i knew it sooner.

You cannot apply for UI from the US. You need to be in Canada to do it since you must technically be able to look for work (which you cannot do in the US).

2- here they told me as long as your appeal is rejected you are not eligible to apply from any state. so if i go back even from canada i cannot do it?

I don't know what the UI regs are for your state so I really can't answer this question. UI varies from state to state. Each state has their own rules.

3- if i find a job here, they cannot switch me to TN because I were on h1-b for too long?

Well, you're out of status now so switching to a TN will be really difficult at this point.

4- what should i do for my belongings?
i am thinking driving from calif. to toronto leaving my stuff for now in a storage here and ask either some1 to send them to me later or afer i founmd a place in toronto, come back and take them. Do i need any paper work done so when my belongings are sent back to canada i do not have to pay any customs????

I think you have to fill out forms B4 and B4A. They are available on the CBSA website.