Is TN qualify for Unemployment Insurance?

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.

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.

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????

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.

AXOLOTL:
THANKS.
two layers told me i will be out of status but thats different from being here illegal! i know my employer has notified immigration. they did a number on me. they lured me to leave my previous job --who was applying for my greencard --and promissed me to apply for greencard themselves.
they did it very late. so after working a year there they just applied for labour department certificate. when i was laid off they had to pull out the application.

i worked in california.

it looks like i lost a lot of money even the UI. i wopnder how the hech the EDD did not tell me if I go back UI get my UI. they just told me I am not eligible for 2 reasons: 1- i worked here illegally --they said h1-b is work via not work authorization !!!
2- i AM NOT ELIGIBLE TO WORK.
THATS WGHY I APPREALED! BUT MY COURT IS NEXT WEEK , 5 MONTHS AFTER I WAS LAID OFF!

two layers told me i will be out of status but thats different from being here illegal!

If you have no status, you're there illegally. It takes awhile for the notification from your employer to hit the USCIS system which is why some lawyers say you're okay for awhile but legally speaking as soon as you're laid off you have to leave (or change status, too late now).

This is why you have to apply for EI in Canada, because you're no longer available for work in the US.

The Agreement Respecting Unemployment Insurance was written half a century before NAFTA and TN-1 visas. It applies to all Canadian Citizens who have legally worked in the US and are now back in Canada, regardless of what visa they were on. The same applies to Americans who have legally worked in Canada and go back to the US.

jr_van:
how can I get a copy of this agreement? anywhere online? I need to show it at m,y appeal! I appreciate that. what is the exact title "code" of this agreement. California UI booklet has no indication of this agreement. Thanks you

-- Fri Jul 17, 2009 12:49 pm --

OK
I went to appeal! There was only a judge there who also represented EDD!!!!
Any way the judge tried to ignore the trade agreement between US and Canada. But when I said I am sure there is an agreement he said we pay some canadiands but not nercessarily you or every one. I even asked if i go to canada i will get UI he said no.

Now is there anyway i can go to canada and get UI even when this appeal was denied?

is there a time condition? i lost my job on february 25!

i appreciate any knowl;edge able comment.
how can i call UI canada from States?
to check with them!

Sorry,

I have not been on this forum for a while.

The main thing is that if you were on a temporary work visa in the US, you cannot collect UI while you are in the US. The reason for it is that as part of UI, you are required to be looking for work. But you are not allowed to work in the US, so that would be impossible to do while you are in the US. As a Canadian Citizen, you are entitled to work in Canada. Therefore, you can look for work in Canada, and the treaty entitles you to receive US benefits while you are in Canada, just like an American would get it in the US.

http://www.servicecanada.gc.ca/eng/ei/l ... ndum.shtml

When and if you go back to Canada, try filing a claim on the phone directly with the State. If they do not let you do it, call service canada, they have a special office that handles claims with the US. They should be able to intercede for you if the state denies you benefits:

http://www.servicecanada.gc.ca/eng/ei/i ... nada.shtml

To file a claim for American Unemployment Insurance benefits, you must contact the Telephone Information Service or go to your Service Canada Centre, you will be asked to give your name, address, phone number, Social Insurance Number (SIN) and Social Security Number (SSN) along with the name of the State from which you want to claim benefits. Depending on the State in which you last worked you may be able to file a claim directly with the State via the Internet or by phone. If the State does not accept claims via the Internet or by phone, information will be forwarded to a designated office responsible for handling such claims based on where you reside in Canada. You may also contact the designated Service Canada Centre directly.

You must provide proof that your employment in the United States was authorized as per American immigration regulations and that you are available for and actively seeking work in Canada. If you are not a Canadian resident you will be asked for proof that you are authorized to work in Canada.

Having said that, try filing directly with the state, speaking with supervisors, and the like, before getting Sevice Canada involved. Mention to them that it was originally denied because you were in the US, but now that you are in Canada, you have fixed the reason why it was denied. California EDD knows the treaty, and it will pay you once you get back to Canada. Although the US has a history of not honouring its treaties (just look at TN-1 visas and NAFTA), our UI treaty has been honoured quite well so far, but you have to come back to Canada for the treaty to apply.

Jr-Van
Thank you.
I was laid off in February 25, 2009. Is there a time limit that I have to file from canada? is it already too late?
any phone number from UI canada that I can call from usa, discuss it with them, before leaving USA?
Thank you

I think I would apply for US UI while you are still in the states and use your Canadian address where you will be staying. If not you can just do it over the phone with EDD when you arrive back in Canada.

I don't think there is a particular time limit for US UI eligibility. A friend applied 9 months after he got laid off and he is in the process of getting his UI.