Just wanted to share my recent experience since it might help others. I got audited in February 2025 after being on unemployment for about 4 months. It wasn't as scary as I thought it would be, but I'm really glad I had been keeping decent records. They asked for documentation from 8 specific weeks of my claim - not the whole thing. I had to provide proof of job searches, any income I reported, and explain a gap where I had marked "yes" to being available for work but hadn't applied to jobs that week (I was sick with the flu). The whole process took about 3 weeks from when I got the letter to when they approved everything. I submitted everything through the online portal and got an email confirmation that my benefits would continue. My advice: definitely keep those detailed records everyone mentioned. I used a simple Google Sheet with columns for date, company, position, how I applied, and any follow-up. Saved me a lot of stress when the audit came!

Thanks for posting this question - I've been wondering the same thing! I'm about 6 weeks into my claim and have been pretty casual about record keeping, but reading all these responses is making me realize I need to step up my game. I've been doing my job searches but mostly just saving confirmation emails in a random folder. Sounds like I need to get way more organized with a proper spreadsheet and screenshots. Better to be over-prepared than scrambling if I get selected for an audit. Has anyone found a good template or system for tracking all this stuff? I'm thinking I'll start with what @Isaac Wright suggested but wondering if there are any other details I should be capturing that might not be obvious.

I'm dealing with a similar situation right now with a landscaping company I worked for. When I called the DOL, they told me that even if your employer isn't in their system initially, they'll do what's called an "employer verification" process. They basically cross-reference your W-2s and pay stubs with state tax records to confirm you actually worked there. The agent I spoke with said this happens pretty frequently with smaller businesses who either didn't register properly or stopped paying their unemployment taxes. She reassured me that as long as I can prove I worked there (which sounds like you can with your construction job), I should still be eligible for benefits. The investigation part is really just the DOL doing their due diligence to make sure everything checks out before they start paying benefits. Hang in there - it's frustrating but you're not alone in this!

This exact thing happened to me when I worked for a small auto repair shop a few months ago. When I filed my claim, the system couldn't find my employer either. I was panicking thinking I wouldn't qualify for benefits, but it turned out the shop owner had just been really sloppy with his unemployment insurance payments. The DOL investigation took about 4-5 weeks, but I did eventually get my benefits - including back pay for the weeks I was waiting. The main thing is to keep filing your weekly certifications even while they're investigating, because you don't want to miss any weeks. Also, definitely keep calling and checking on the status - I found that staying on top of it helped move things along. Don't let your employer's mistakes cost you the benefits you're entitled to!

I actually work in benefits administration (not for NYS specifically) and wanted to clarify something important that hasn't been fully addressed here. The timing of when your disability began versus when you were receiving unemployment is crucial. If you become disabled AFTER you started receiving unemployment benefits, there's typically a grace period where you can continue receiving UI while pursuing disability - but you must report the change in your condition during your weekly certifications. The problem arises if you were already disabled when you applied for unemployment but didn't disclose it. I'd strongly recommend calling NYS Department of Labor AND consulting with a disability attorney before making any moves. Document everything with your doctor too - you'll need medical evidence of when your condition worsened if there are any questions later.

I just wanted to add one more important point that might help everyone here. If you do decide to apply for disability while on unemployment, make sure to keep detailed records of every conversation you have with NYS Department of Labor, including dates, times, and the name of whoever you spoke with. Also save any emails or written correspondence. I've seen situations where people got conflicting information from different representatives, and having documentation helped resolve issues later. Additionally, if your doctor is recommending disability, ask them to put in writing exactly when your condition became severe enough to prevent work - this timeline documentation could be crucial if there are any overpayment disputes down the road. The system is definitely confusing, but being proactive about documentation can really protect you.

I went through this exact situation on my H1B about 6 months ago. Yes, you're absolutely eligible! The process was pretty straightforward - I just needed to upload my I-797 approval notice and EAD card like you mentioned. One thing to note is that you'll need to be actively searching for work and available to accept suitable employment, which shouldn't be an issue since you're authorized to work. Also, make sure to file your claim as soon as possible since there's usually a one-week waiting period before benefits start. The weekly benefit amount is based on your previous earnings, so with 2 years of tech salary you should get a decent amount. Don't let the stress get to you - you've been paying into the system and you deserve these benefits!

I'm a former immigration paralegal and wanted to add some important details about H1B holders and unemployment benefits. While you are eligible as others have confirmed, there are a few critical things to keep in mind: 1) H1B holders typically have a 60-day grace period to find new employment or change status after job loss, so file your UI claim immediately to maximize your benefit period. 2) Make sure your employer properly notified USCIS of your termination - this affects your legal status timeline. 3) You can receive benefits while searching for work, but if you find a job with a different employer, they'll need to file a new H1B petition (unless it's a cap-exempt position). 4) Keep all your immigration documents updated and readily available since NYS DOL may request them for periodic eligibility reviews. The good news is that receiving unemployment benefits won't negatively impact future immigration applications. Best of luck with your claim!

Make sure you keep track of any wages you earn in your final week of unemployment. Even if you only work a few days, you need to report those earnings on your last certification. NYS Department of Labor is pretty strict about accurate wage reporting.

Just wanted to add - when you report your return to work, make sure you have your start date and employer information ready. The system will ask for your new employer's name and address. Also, if you're starting part-time initially, you might still be eligible for partial benefits, so don't assume you need to completely stop your claim right away. The system will calculate if you're still eligible based on your reduced hours/wages.