endless effort for EAD

vsc_cc_filler

Registered Users (C)
I just want to share our experience to get an EAD with all of you. This is about my wife’s EAD.

1) Concurrently filled I-140, I-485, EAD and Advance Parole on October 2002.
2) I have received my EAD and Advance Parole on January 08, 2003.
3) But my wife didn’t receive at that time, so asked my attorney to enquire USCIS.
4) Got reply back that she is in security check list.
5) Time passed by, we approached our senator to speed up the process.
6) USCIS informed the senator it not issued because her 1-140 is not cleared.
7) I informed senator that she is on derivative application and also my I-140 has been approved on July 2003.
8) Attorneys applied 2nd EAD and AP on Oct 14th for both of us.
9) The approached USCIS with the above said information and USCIS agreed to issue EAD and Advance Parole.
10) My wife received EAD on Dec 2003 and we went to the Social Security Office to apply for SSN.
11) It’s been more than a month we have not received SSN, so we approached Social Security Office to find out what’s going on.
12) We were told that INS has not updated her status change in the Social Security Office database.
13) Called National Customer Support Center to get some answers. The answer is “Do Not Know How long it would take to update the SSN database”.
14) Updated the Senator office, they will enquire USCIS. We don’t know how long it would take.

Anyone had the same situation? Please help us, what should we do to get EAD and AP?

I need your expertise advice on this.

Thanks
 
My experience with getting a SSN for my wife:

When we received our EAD cards, next day we went to the SS Office and filled out an application for my wife's SSCard. Officer told us that they have to verify the validity of EAD card with BCIS before SSNumber can be assigned.

Two weeks later we got a call from SS Officer that we have to come to the office and bring EAD card again. When we came - Officer made a photocopy of the EAD card and said that she can not verify the EAD card with the BCIS database yet.

At this point I took Officers direct number and started to check the status of our application every day. By talking to an Officer I soon realized that she is not making any efforts to resolve the problem. She also told us a story that she has to mail an inquiry to BCIS and wait for their answer (for a year).

At this point we changed the strategy and started to visit SS Office in person every day to directly inqure about the status of application. Actually, on the second day a more knoledgable officer was found who verified the validity of EAD card with BCIS database right away and we received SSNumber in the mail shortly after.
I would guess that many SS Officers do not know how to deal with the new procedures for verifying the validity of employment documents and that your best bet would be either to go see different officers hoping that somebody knows how to do his/her job or ask for a supervisor.

I hope this would help you.
 
Thanks for your detailed reply. I will start visit SS office daily basis.


Originally posted by Gegemon
My experience with getting a SSN for my wife:

When we received our EAD cards, next day we went to the SS Office and filled out an application for my wife's SSCard. Officer told us that they have to verify the validity of EAD card with BCIS before SSNumber can be assigned.

Two weeks later we got a call from SS Officer that we have to come to the office and bring EAD card again. When we came - Officer made a photocopy of the EAD card and said that she can not verify the EAD card with the BCIS database yet.

At this point I took Officers direct number and started to check the status of our application every day. By talking to an Officer I soon realized that she is not making any efforts to resolve the problem. She also told us a story that she has to mail an inquiry to BCIS and wait for their answer (for a year).

At this point we changed the strategy and started to visit SS Office in person every day to directly inqure about the status of application. Actually, on the second day a more knoledgable officer was found who verified the validity of EAD card with BCIS database right away and we received SSNumber in the mail shortly after.
I would guess that many SS Officers do not know how to deal with the new procedures for verifying the validity of employment documents and that your best bet would be either to go see different officers hoping that somebody knows how to do his/her job or ask for a supervisor.

I hope this would help you.
 
When my wife got her EAD and applied for SSN, the same thing
happened. She ended up going to the local INS/CIS office (Baltimore in
our case, as we live in Maryland) and explained to the officer there
that the SSA will not issue an SSN before INS/CIS confirms her eligibility.

They faxed the confirmation to the SSA and my wife got her SSN within
days. I hope this helps.
 
No SSN required

The employment verification form does not require a SSN. List A if you provide EAD that should be enough.
HTH
 
Thanks,

EAD is issued by VSC, can I enquire in local INS office?

Originally posted by ah99
When my wife got her EAD and applied for SSN, the same thing
happened. She ended up going to the local INS/CIS office (Baltimore in
our case, as we live in Maryland) and explained to the officer there
that the SSA will not issue an SSN before INS/CIS confirms her eligibility.

They faxed the confirmation to the SSA and my wife got her SSN within
days. I hope this helps.
 
My wife got SSN# card 4 years back with the notation "Not authorized to work". She has her EAD . Do we need to re-apply for re-issue of SSN without Notation or She can use the same with her EAD.

Please advise. Thanks!
 
You can go to local SS Office and they can issue a new SS card (with the same number), but the note on the card will say this time "Valid for work only with BCIS authorization"

I think it will be beneficial to do that. She would not have to explain her story to HR people every time they see her SS Card.
 
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vsc_cc_filler,

In my wife's case, the EAD had also been issued by VSC.
The Social Security Administration office that we went to here
in Maryland does not communicate with VSC, but rather with the
local INS/CIS office (I would guess it is the same in all states).
What the SSA explained is that, when they cannot automatically
veriy eligibility, they send a letter/fax to INS/CIS and wait for
a response. If INS/CIS fails to reply, the SSN is never issued.

Bottom line, even though the EAD card was issued at VCS, you
should be able to go to the INS office and ask them to communicate
eligility information to the SSA.

Good luck
 
EAD SSN

I too am facing the same problem .I got my EAD on jan 17 and went to the SSn office .They told me that they cannot issue me an SSN number because the online database of Department of Homeland Security shows me still on H4 visa and not on EAD and this might take months to be verified from the INS office.
Basically they have to send them a verification letter along with XEROX of the EAD documents and the INS would reply to their request for verification when they desire because it is not on their priority list.I dont know what to do about this.Tried contacting the senator but they too did not help
 
I don't think you require a SSN card or # to get a job. If you look at the I-9 Employment verification form- you have to provide only one form List A - EAD. That should be enough.
I know employers ask for SSN# at least- but TIN# should do- used for tax etc purposes.
HTH
 
FYI: something to watch out for...

"Special Agents for the Office of Investigation of the Treasury Inspector General for Tax Administration are using IRS records to identify immigrants who are deportable. The Treasury Inspector General for Tax Administration is part of the Treasury Department, but was separated by the IRS in 1999.

In November 2003, IRS officers began using computer records to identify taxpayers who used ITIN’s instead of Social Security numbers on their W-2 forms and then filed their tax returns . The IRS then contacts Immigration and Customs Enforcement to verify that the names discovered in the ITIN search are not resident aliens. One these deportable immigrants are identified, the Treasury Inspector General for Tax Administration then files a criminal complaint charging these immigrants with possessing fake resident alien cards. Then USCIS is notified, and deportation proceedings are initiated.

To date, the IRS has compiled a list of 250,000 persons the IRS suspects are illegal immigrants. The Treasury Inspector General for Tax Administration has advised that for national security reasons, the agency plans to prosecute as many of these illegal immigrants as possible."

http://www.visalaw.com/04jan4/7jan404.html
 
This situation applies to illegal workers. If you using a valid EAD- you should be good. That is the purpose of ITIN.

HTH
 
I do not agree w/ you, tiger.

ITIN is only for tax filing purposes for dependents who do not have SSN. One MUST have SSN for the employer to be able to report payroll taxes to IRS. If your employer agree not to report payroll until one gets SSN thats different story.

-Sanga.

Originally posted by sb_tiger
This situation applies to illegal workers. If you using a valid EAD- you should be good. That is the purpose of ITIN.

HTH
 
Maybe no SS Deductions

There is some obvious disconnect in the process. I-9: the Employment Verification form just needs an EAD. I-9 clearly says one item form List A is sufficent both for identity verification and eligibility.

If SS# is not there I don't know how the payroll deductions would be done for Social security- maybe - they will not be done or should not be done. The same logic may apply as when when you used EAD while on Practical Training- No SS deductions are done- even though you did have SS#. In this situation you don't even have an SS#- so SS deductions shouldn't or can't be done.

The problem is employers (and maybe me too) are unaware of the nuances of the law and procedures- and don't want to spend time effort to find out. The same thing used to happen when on PT- some employers deducted SS and some didn't. Lots of people did successfully claim back SS deductions from IRS.

HTH
 
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To swati-reply:
I think your statement is not fully correct. Non-"US residents apply for ITIN# because they do not qualify for a SSN#. When they eventually qualify for a SSN#, they have to forefeit their ITIN#.

Another situation is if a US resident prefers not to use his/her SSN for tax purposes and uses ITIN number instead. But even in this case there is no need to forefeit their SSN#.


"A small number of non-U.S. residents apply for an ITIN to report income under a tax treaty, and a small number of U.S. resident and non-resident applicants apply for an ITIN to report income from a U.S. bank or brokerage account." ....
"Non-resident applicants will be required to furnish evidence of their ownership of the asset that gave rise to the reporting obligation. Resident applicants will be required to furnish evidence of actual rather than intended ownership of the bank or brokerage account".

http://www.irs.gov/newsroom/article/0,,id=112728,00.html
 
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