workshare / unemployment income

[Rick R.]

During this economic downturn, my company has been hit hard. In order to avoid laying off employees, the company has enrolled in a Workshare program. The way this works is that the employer reduces hours and wages beyond a certain threshold and then the employees (me) are eligible to make unemployment insurance claims on the lost hours while still remaining employed at reduced hours/wages.

 

My hours have been reduced and I would like to participate in the program in order to make up some of my lost income. The only consequence is that it should be obvious to government agencies that I am collecting unemployment insurance and one might assume that I am unemployed when, in fact, I am not unemployed.

 

If I sign up for this program, will GUZ pick up on it and will there be any consequences is they do?

[sparkynow]

During this economic downturn, my company has been hit hard. In order to avoid laying off employees, the company has enrolled in a Workshare program. The way this works is that the employer reduces hours and wages beyond a certain threshold and then the employees (me) are eligible to make unemployment insurance claims on the lost hours while still remaining employed at reduced hours/wages.

 

My hours have been reduced and I would like to participate in the program in order to make up some of my lost income. The only consequence is that it should be obvious to government agencies that I am collecting unemployment insurance and one might assume that I am unemployed when, in fact, I am not unemployed.

 

If I sign up for this program, will GUZ pick up on it and will there be any consequences is they do?

I'm no expert,but I doubt GUZ will check to see if you are receiving unemployment before her interview or ever. This should not matter because you are still receiving a paycheck and it shows a year to date total.

[tonado]

Collecting unemployment is not a problem. As long as your income (including unemployment) fulfill the minimum requirement for I-134 (or I-864), then you should be fine. If your income is less than the minimum requirement, then you will need a co-sponsor.

[Yan and Tom]

Unemployment compensation is often at the discretion of the employer. Many companies do what yours is doing in order to retain employees for when business picks up. Some even do it out of personal concern for their employees. There is nothing shady about it.

[Sebastian]

i can't answr this directly with a yes or no - but it raises some issues and questions.

 

There have been blue slips on income the last 6 months, some of the cases were about TAXABLE income - where the petitioner's TAXABLE income was below the poverty levels, though the TOTAL COMBINED INCOME was WAY above the poverty levels.

 

I would __think__ that IF the unemployment compensation is non-taxable, then it might pose a problem, with the converse - if it's taxable income - then there should not be any problem.

 

Then there's an issue of 'when' tax is declared/deducted. IIRC, when paid out to the recipient, there is no tax collected /withdrawn by the state. But isn't it included on the 1040 somewhere ? Sorry, it's all a muddle...

 

You might want to ask your HR rep if Unemployment Compensation is viewed as taxable income or no...

[mikepellicore]

Unemployment is always taxable for Federal and also in Illinois, but I am not sure about other States. There are many people worrying about this problem. I think if you had a long history of employment in an industry that had seasonal unemployment, and you showed a good annual income over the years, it would not be a problem. Your situation is different, you still have regular income and unemployment. If your regular income is sufficient to meet the minimum and you are also receiving unemployment benefits, that should be a plus, but who knows what the VO will think. Good Luck, Mike & Yizhen

[david_dawei]

you really talking general... and specifics are needed...

 

1. what is your TOTAL income?

2. what is the duration?

3. what is the prospect for full time?

 

Since there is a shift from full time, stable income, there is reason to be concerned. So you need to convey the stability of the current situation.

[tsap seui]

i can't answr this directly with a yes or no - but it raises some issues and questions.

 

There have been blue slips on income the last 6 months, some of the cases were about TAXABLE income - where the petitioner's TAXABLE income was below the poverty levels, though the TOTAL COMBINED INCOME was WAY above the poverty levels.

 

I would __think__ that IF the unemployment compensation is non-taxable, then it might pose a problem, with the converse - if it's taxable income - then there should not be any problem.

 

Then there's an issue of 'when' tax is declared/deducted. IIRC, when paid out to the recipient, there is no tax collected /withdrawn by the state. But isn't it included on the 1040 somewhere ? Sorry, it's all a muddle...

 

You might want to ask your HR rep if Unemployment Compensation is viewed as taxable income or no...

 

 

Taxable income...this raises a, maybe stupid guestion from me about the financial portion of our 2010 visa attempt.

 

I've got full SSDI and will soon have the rest of my VA service connected PTSD disability income. Between them I will have an income stream of just under $52,000 a year ....of non-taxable income.

 

The lil' rabbit has been told my income won't count, I said to her that the people that told you that are full of rabbit pellets.

 

I should be okaywith a non-taxable income...shouldn't I?

 

Or am I gonna be buying a much larger house, the required black Mercedes convertable, and kick back in Chinertucky?

 

This question has been nagging at me for awhile and this is a great place to air it out. Thanks in advance.

 

tsap seui

[HKG]

.

 

tsap seui

 

VA compensation and SSD are both OK, as a source of Income. It is just for tax purposes that VA benefits are not called "income" SSD can be taxed. If you went for a mortgage and had only VA and SSD you would qualify. And at 100%, you could get a mortgage for no money down, no PMI.

Edited March 26, 2009 by HKG (see edit history)

[Sebastian]

Tsap- you raise a good point.

 

The two cases that I remember from were at CFL here blue slipped on income, but I gotta think this was because of improper or incomplete paperwork prep on the I-864 at NVC time.

 

I was reading the I-864 faqs moments ago, up at http://travel.state.gov/visa/immigrants/info/info_3183.html and it wasn't clear about your two types o benefits.

 

I had recommended in the past for someone to have an 'audited income and asset statement ' prepared, and certified, by a CPA, and include that in the I-864 submission. But I sense my free advice is falling on deaf ears.

 

Keep at it, hopefully you'll find 'the right answer' this year. Maybe ask the question at ACH in Guangzhou when yer down there this year.

Edited March 26, 2009 by Sebastian (see edit history)

[Randy W]

Tsap- you raise a good point.

 

The two cases that I remember from were at CFL here blue slipped on income, but I gotta think this was because of improper or incomplete paperwork prep on the I-864 at NVC time.

 

I was reading the I-864 faqs moments ago, up at http://travel.state.gov/visa/immigrants/info/info_3183.html and it wasn't clear about your two types o benefits.

 

I had recommended in the past for someone to have an 'audited income and asset statement ' prepared, and certified, by a CPA, and include that in the I-864 submission. But I sense my free advice is falling on deaf ears.

 

Keep at it, hopefully you'll find 'the right answer' this year. Maybe ask the question at ACH in Guangzhou when yer down there this year.

 

Basically, a statement of your true income. Whenever your bottom line (taxable income) on your 1040 is too low, it's best to have this statement drawn up.

 

Some of the VO's know how to read a tax return (we've seen people go through with $0 taxable income). Others do not, and do not take the time to read beyond the 'taxable income' line.

 

Lay it out there in black and white, where they can't miss it. The tax returns are not the final word.