We are both on unemployment and no more insurance?

Can H-1B expired claim unemployment benefits / insurance?

• My 6th year H-1B will expire on 5/22/2003 and I'm loosing my job due to that. Couple of day-dream questions on unemployment benefits. Q#1. Can I claim unemployment insurance? I called the EDD and they checked my SS# is eligible for unemployment but according to the following link I'm not eligible as I'm not laid off and moreover, I won't be able to work due to lack of permit to work. http://www.edd.ca.gov/uimer.htm ******************************************** Q#2. If I'm not eligible according to the link, how can I claim back my SS taxes and unemployment insurance premium that were deducted from my pay-checks for 6 years? Shouldn't they legally give me those back if I don't qualify for unemployment insurance? If they don't give it back what are my options to claim that? Just an FYI, I'm moving to F-2 (dependent of my wife who is moving to F-1) BUT will NOT have the Employment authorization in F-2.

• Answer:

  Hello Datapro ~ Question 1 ========== Although you would be eligible for Unemployment, you are right that you cannot collect if you are not eligible to work. It's sort of a "Catch 22" there. If you obtain work authorization, you can then apply for unemployment in California. (I am assuming California because of the URL you listed). - http://www.edd.ca.gov/uimer.htm - http://www.edd.ca.gov/uiind.htm Question 2 ========== You will be eligible to receive Social Security Benefits upon retirement - in some cases as early as age 62, and under certain circumstances (such as disability), even earlier. Both you and the employer pay into the Social Security fund, and you can find information on payment of Social Security Benefits here: - http://www.ssa.gov/pubs/10024.html So far as unemployment benefits, those are entirely paid by the employer, and are not deducted from your wages. " Employers finance the UI program by tax contributions. In California, the EDD administers the UI program according to guidelines established by the UI Code and the California Code of Regulations, Title 22." - http://www.edd.ca.gov/uiind.htm There is no way to 'collect' unless you are eligible for employment and are actively seeking employment. Sorry it wasn't happier news for you - but I would seek help from your local Immigration office to get status changed if that is your desire. Regards, Serenata