ITIN and work

K

kaligurl

Registered Users (C)
Hey, guys,
need some advice here. I did use ITIN for work before, but under different circumstances. Now, I am in the middle of a long term battle to obtain my SSN.
1. Anyone knows what to do when I am stuck at the SSA office due to verification with INS and supposedly it's because INS did not update my database, I guess after I received my work permit at the local office. When I called INS number, they told me to send a letter to local office. I sent two certified letters today, explaining what to do and what happened, along with a copy of my EAD, one to Missouri, one to Tampa office. Anyone knows what else to do?
2. Do I have any rights when employer refuses me/finds out that I am using ITIN? I mean, I can LEGALLY work, for the last 4 months!!!
Thanks.
 
kaligurl said:
Hey, guys,
need some advice here. I did use ITIN for work before, but under different circumstances. Now, I am in the middle of a long term battle to obtain my SSN.
1. Anyone knows what to do when I am stuck at the SSA office due to verification with INS and supposedly it's because INS did not update my database, I guess after I received my work permit at the local office. When I called INS number, they told me to send a letter to local office. I sent two certified letters today, explaining what to do and what happened, along with a copy of my EAD, one to Missouri, one to Tampa office. Anyone knows what else to do?
2. Do I have any rights when employer refuses me/finds out that I am using ITIN? I mean, I can LEGALLY work, for the last 4 months!!!
Thanks.
Click to expand...

ummm... i would suggest you get an INFOPASS and ask the officer to update your status so you become eligible for gettin an SSN. When this is take care of, you can ask the SSA to verify your status and issue you your SSN. I cant think of anything else.... maybe others can comment on this....
 
ari4u said:
ummm... i would suggest you get an INFOPASS and ask the officer to update your status so you become eligible for gettin an SSN. When this is take care of, you can ask the SSA to verify your status and issue you your SSN. I cant think of anything else.... maybe others can comment on this....
Click to expand...


Ari, or anybody else who knows about ITIN,

In the meantime, while Kaligurl is trying to straiten up this SS thing, can she or can’t she work with ITIN?

Thanks.
 
“In the meantime, while Kaligurl is trying to straiten up this SS thing, can she or can’t she work with ITIN?”

It is illegal to work with ITIN, nor it can be used for working purpose. ITIN is used ONLY for filing taxes by those who are unable to obtain SS number, which obviously doesn’t include illegal.

Further, the inspector general in IRS started two years ago to check the immigration status of everyone who has filed and files taxes with ITIN because it came to their attention that people who files taxes with ITIN are mostly (98%) are without any status. This way govt. started grabbing illegal. Sometimes it could take them years to come after a person who has filed taxes with ITIN because they have limited staff to investigate everyone. You may check all this information on IRS website if their memo on this is still there.

Keep it in mind that filing paperwork with INS or being married to a US citizen doesn’t mean that an alien automatically has obtained a status here. A status cannot be obtained until AOS is approved. So understandably, if someone has a pending application with INS, that doesn’t mean that INS cannot detain and deport that person for being out of status here. However, as a discretional authority, INS doesn’t detain a person who has a pending application for AOS unless a person comes into the attention to ICE (a law enforcement branch of INS).


“Do I have any rights when employer refuses me/finds out that I am using ITIN? I mean, I can LEGALLY work, for the last 4 months!!!”

No, you have no legal right to work here just because you have ITIN. In order to work legally here, you must have a legal authorization to work first. A lot of people even have SS number, but that doesn’t mean that they have legal right to work just because they have SS number. Few years back, SS office used to issue SS number to even illegal people, but their SS card used to have notation of “Not valid to work without INS authorization”. That said, having SS number or ITIN doesn’t mean you are automatically allowed to work legally here, rather you have to have legal authorization to work here.


“Anyone knows what else to do?”

SS office checks the validity of immigration paper thru online with INS. A lot of time INS doesn’t update the information in their system about EAD. Therefore, it would be better if you visit your local SS office and give them the copy of your EAD card and explain them that you have been waiting for your SS number for a while. Also, you should go to local INS office and tell them the same. Make sure to plead them nicely; otherwise they will just promise you but won’t do anything to rectify the problem. That is the only thing you can do.

Nevertheless, as far as your employer is concerned then you should just give them the copy of your valid EAD if employer would demand you to show permission to work. You can also show your ITIN in order to file taxes by telling the employer that you are waiting for a SS number to arrive. I don’t think it is such a problem.

Good Luck.
 
Well, the point is that she has authorization to work because she has an EAD, the problem is that she doesn't have a SSN because USCIS apparently hasn't updated her info to SSA and SSA cant take up to xx weeks to issue her SSN. And actually I think if we follow who are eligible to use an ITIN is a person who are not "eligible" to have a SSN, which is not your case at this moment (probably in the past was not now).
Check this: http://www.irs.gov/individuals/article/0,,id=96287,00.html

In any case, the problem raise up when your employer need to file the form I-9, which need your SSN and comply with your eligibility to work in the US.

Good luck,
 
Hi,

I did sent out two letters, one to local office and one to Missouri to ask them to update the database and local office sent me a letter to make an appt online to speak to imm. officer, and that I need appt for biometrics, which is ridiculous since I had it done in June 2005. Does all this situation seem just plain weird? I do have an upcoming appt at LO, soon. Hopefully they will do something. I did delt with SSA and they told me to go to INS. We'll see.
Meanwhile, I found me a little job, first was temporary, turned out to be a permanent office position, with my ITIN. They know and don't mind. I had to be put on the payroll after I exceeded 600 dollars, obviously. But hey, girl's gotta eat, so I don't see any other way at this point, since I am running out of money big time. One paycheck just doesn't cut it. Plus, I can't go on welfare either. And I have school too. It's been 4 months since I filed for SS card...
 
Once the empployer knows then you're pretty good. Shouldn't have a problem at all- you should update your records when you get your SS.
 
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