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MaryMeadenEsq
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Category: California Employment Law
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Can I go out of country for 5 months during my unempoyment

Customer Question

Can I go out of country for 5 months during my unempoyment? I am living in south californis.Can I continue getting the benefit after I am back?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  MaryMeadenEsq replied 5 years ago.

Hello.

 

The requirements for receiving unemployment and continuing to receive unemployment on a continuous basis are that you must be able to work a full time job in your former occupation or any suitable occupation and that you must be available for work at any time. You cannot be absent from your home state for such a length of time and be able to demonstrate to the unemployment department that you were acitvely seeking work in CA and that you were actively available for any type of full time work that you are capable of. I have actually run into a few of these cases in and in all instances where the unemployment recipient is not in the US they cannot receive the weekly benefit. One case a woman went from New York to her native Jamaica for a month and she lost her benefits and another case where a young man went from CA to visit family in Ohio for just 2 weeks and he was also cut off from unemployment benefits. So, the botXXXXX XXXXXne is that you cannot remain absent from CA for such a long time and still collect unemployment compensation benefits.

 

GOOD LUCK

 

--MARY

 

 

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Customer: replied 5 years ago.
I have got 6 months unemployment benefit, If I go out of country for 5 months. Shall I return all my past benefit during 6 months?
Expert:  MaryMeadenEsq replied 5 years ago.

Hello again.

 

Are you located out of the USA right now and collecting benefits at the same time??

 

--MARY

Customer: replied 5 years ago.

Hello Mary,

 

NO I am in the USA now. I want to go out of USA for 5 months. My concern is if I have to pay back my previous benefits that I received for past 6 months? and when I am back can I continue to get bednefit till I get a job? and how long maximum I can get unemployment benefit?

 

Thanks

Expert:  MaryMeadenEsq replied 5 years ago.

Hello again'

 

You will not have to pay back any benefits that you have already received if you have received them while living in the USA and looking for a job. If you leave the country for a few months and then try to collect the benefits by calling from overseas and the unemployment offices become aware of it, then you will be cut off and you will be responsible for paying back any benefits that you recieved after you left the USA. When you return from overseas and resume a job search you can apply for additional unemployment benefits at that point when you are back in the USA.

 

 

--MARY

Customer: replied 5 years ago.

Dear XXXXX,

 

I can just leave the USA without any official notice? and I can resume collecting the benefit from any point that I am back in the USA? it doesn't have any restriction?

How long is the maximum benefit duration? and how many time a new claim can be applied?

 

Thank for your patience

Expert:  MaryMeadenEsq replied 5 years ago.

Hello again

 

These days the max imum benefit amount has been fluctuating between 60 to 99 weeks. When you return leave for overseas you will simply stop calling into collect the benefit each pay period. When you return from overseas, you will have to call and re-apply for the benefits to get them reactivated. If, during the time that you are gone the benefit amounts and weeks are cut back, then you most likely will not receive any further benefits when or if you re apply upon your return.

 

 

--MARY

 

 

  • If you have not yet pressed ACCEPT please do so now so I will be paid for my time. Just Answer does not pay me anything for this time with you until you press ACCEPT at the bottom or side of this ANSWER box. This is not a hobby for me -- it is how I earn my living -- so I appreciate it when my customers are conscientious and press ACCEPT to trigger Just Answer to pay me for this question (pressing accept will not cost you any additional money).
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Customer: replied 5 years ago.

DEAR XXXXX,

 

My last question:

 

I have got my green card for 3 and half years. Does collecting unemployment benefit affect on my case for getting citizenship?

 

THanks

Expert:  MaryMeadenEsq replied 5 years ago.

Hello again

 

 

Collecting unemployment benefits has nothing to do with whether or not the US will let you become a citizen and the criteria for such an application.

 

--MARY

 

 

  • If you have not yet pressed ACCEPT please do so now so I will be paid for my time. Just Answer does not pay me anything for this time with you until you press ACCEPT at the bottom or side of this ANSWER box. This is not a hobby for me -- it is how I earn my living -- so I appreciate it when my customers are conscientious and press ACCEPT to trigger Just Answer to pay me for this question (pressing accept will not cost you any additional money).
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MaryMeadenEsq and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.

I am collecting unemployment, since I couldn't find a job, I want to make some advertisement thru one of my friends by printing my business card with his company name and address, but I will report to EDD if I have any income. Does it effect on my unemployment benefit?

 

Thanks