Can you work without SSN

U

Unluckiest

Registered Users (C)
Me and my wife recently got our I-485 approved and passports stamped with I-551.I applied for her SSN 2 weeks back only when I got the passport stamped as she was on H-4 before.But now she got a job and employer is asking for SSN.She does'nt want to lose this opportunity as she's still waiting for her SSN.Is there any workaround.
Thanx
 
Unluckiest said:
But now she got a job and employer is asking for SSN.She does'nt want to lose this opportunity as she's still waiting for her SSN.Is there any workaround.
Click to expand...

By law, the employer cannot refuse to hire her if she has employment authorization (which she does) and has applied for an SSN and can provide proof.
 
Employer has to confirm two points:

1. Identity
2. Employment Eligibility

Check form I-9 - it clearly says:

Unexpired foreign passport,with I-551 stamp or attached INS Form I-94 indicating unexpired employment authorization as one of the items which serves both the purpose.

Employer can be dragged to court if asks specifically that only SSN will do!

Ask employer to check I-9 form again.
 
Unluckiest said:
Me and my wife recently got our I-485 approved and passports stamped with I-551.I applied for her SSN 2 weeks back only when I got the passport stamped as she was on H-4 before.But now she got a job and employer is asking for SSN.She does'nt want to lose this opportunity as she's still waiting for her SSN.Is there any workaround.
Thanx
Click to expand...


Usually you shoulod get the SS card in couple of weeks. I remember that when I applied for my wife's SS card, they said that she would get the card in couple of weeks (she got it in one week). They also mentined that if she doesn't receive the card in couple of weeks, contact the SS office.

So, call them up.
 
They do give you the actual SSN# the next day if you request or go personally to the office with all the docs. The card can come latter within a week.
 
My wife did enquire about the assignment of SSN and they told as you applied for SSN after getting the passport stamped(I wish she had applied after getting EAD) it will take more time as it goes to DHS for background check.I dont know how many times they do background check after getting GC also.
Is it true that it takes more time for SSN after getting GC.
 
Its not true

It doesn't go for a background check.

Also the hiring employer should let her start working on the basis "applied for SSN" (you must provide proof of applying. If you don't have one ask one from the SSN office).

The only thing is she must provide the SSN before she could receive her first paycheck.
 
compguy222 said:
It doesn't go for a background check.

Also the hiring employer should let her start working on the basis "applied for SSN" (you must provide proof of applying. If you don't have one ask one from the SSN office).

The only thing is she must provide the SSN before she could receive her first paycheck.
Click to expand...

Check this too:

http://www.tax-freedom.com/ta17003.htm

Bear with the graphics/colors.

Also check Privacy Act of 1974, which is the primary law affecting the use of SSNs, requires that any federal, state, or local government agency that requests your Social Security Number has to tell you four things:

1: Whether disclosure of your Social Security Number is required or optional,
2: What statute or other authority they have for asking for your number,
3: How your Social Security Number will be used if you give it to them, and
4: The consequences of failure to provide an SSN.

In addition, the Act says that only Federal law can make use of the Social Security Number mandatory (at 5 USC 552a note).

Anyone aware of any federal law which states that SSN has to be provided to the employer?
 
Today we again enquired about the SSN status of my wife and they said as it was not assigned within first 2 weeks it has gone to DHS and may take 2 months.What the hell this system is.To assign an SSN to GC holder takes 2 months!!
 
Last edited by a moderator:
Unluckiest said:
...it will take more time as it goes to DHS for background check.I dont know how many times they do background check after getting GC also. Is it true that it takes more time for SSN after getting GC.
Click to expand...

The SS administration computers are linked to the USCIS databases, at least in our area (San Rafael, CA). After we got our GCs, my wife and I visited the local office. They were able to verify our status on their computer system, and our new cards, without restricted wording, were received in the mail in about a week.
 
I visited my SS office (Fremont, CA) today for getting SSN for my wife
and getting correct card for me. Our status was still showing up as
H4 and H1 respectively. According to SS person it will take upto 4 weeks
since it may take 2 weeks for them to get correct status from DHS and
2 more weeks for issuing actual cards.
 
Now it's been 6 weeks since she applied for her SSN and still waiting.She's started working also by saying applied for SSN.But the employer cannot pay her nor can give her any benefits and she cannot get an employee id on the basis of her ITIN number.
Is there any official enquiry I can do for her SSN other than calling Social security administration again and again
 
the reason the employers are bugging her about it is for tax purposes.

she cannot be fired because of this.

I would say wait another week because they do take a while especially when you are trying to get an original number.

I think you stumped us all here. You may want to consult with a lawyer.
 
Can the employer start paying her by writing 999-99-9999 in place of her SSN number.Later on we can replace this number by SSN.
Is that possible.
 
According to the information in the link we can substitute her ITIN instead of SSN.
Would using her ITIN for the time being cause any problems later on.
 
You must log in or register to reply here.
Top