Serious question post for a friend. Please help.

H

huamulan

New Member
I have a friend who came in US with H-1B visa. Her first entrance date was in March 2004. She then immediately reported to the company that sponsors her H-1B. As you know, she has to get a social security number before she can legally work and get paid. The processing speed in local SS office was very slow, it took about 1.5 month for her to actually get an SSN assigned. So she started working for the company from mid-April of 2004. This leaves her one and a half month unemployed after her first entrance to US.

My first two questions are: Was she considered to be out of status during this unemployed 1.5 month with a valid H-1B visa when she was waiting for her SSN? Is it normal for people who come US with H-1B visa to have a short unemployed period of time (such as 1 month) when waiting for SSN?

Now the company starts a GC process for my friend. The application form for labor certification puts her starting employment date as "from mid-April" and even doesn't mention her waiting time for SSN (between her first entrance date to US and mid-April). Could such application (not mentioning a 1.5 month time gap between entrance date and the starting date for work) hurt my friend when she moves to 140 or even 485 stage? If yes, what could be the worst damage she can get and what should she do in order to avoid the damage?

If you have any similiar experience, could you please share your knowledge with my friend here?

Thank you very much in advance.
 
huamulan said:
Now the company starts a GC process for my friend. The application form for labor certification puts her starting employment date as "from mid-April" and even doesn't mention her waiting time for SSN (between her first entrance date to US and mid-April). Could such application (not mentioning a 1.5 month time gap between entrance date and the starting date for work) hurt my friend when she moves to 140 or even 485 stage? If yes, what could be the worst damage she can get and what should she do in order to avoid the damage?
Click to expand...

Not sure why her employer did not employ her immediately. Her employer could employ her without SS card. Just a proof that she applied for SS card is required. SSN required only when employer + employee start paying payroll taxes for her employment. In any case she should be fine. If even USCIS finds 1.5 months gap, she can be covered by 245(i).
 
huamulan said:
I have a friend who came in US with H-1B visa. Her first entrance date was in March 2004. She then immediately reported to the company that sponsors her H-1B. As you know, she has to get a social security number before she can legally work and get paid. The processing speed in local SS office was very slow, it took about 1.5 month for her to actually get an SSN assigned. So she started working for the company from mid-April of 2004. This leaves her one and a half month unemployed after her first entrance to US.

My first two questions are: Was she considered to be out of status during this unemployed 1.5 month with a valid H-1B visa when she was waiting for her SSN? Is it normal for people who come US with H-1B visa to have a short unemployed period of time (such as 1 month) when waiting for SSN?

Now the company starts a GC process for my friend. The application form for labor certification puts her starting employment date as "from mid-April" and even doesn't mention her waiting time for SSN (between her first entrance date to US and mid-April). Could such application (not mentioning a 1.5 month time gap between entrance date and the starting date for work) hurt my friend when she moves to 140 or even 485 stage? If yes, what could be the worst damage she can get and what should she do in order to avoid the damage?

If you have any similiar experience, could you please share your knowledge with my friend here?

Thank you very much in advance.
Click to expand...

She was not out of status. She is fine.
 
Don't Worry

Hell, that was a new H1..things are far more complicated here..stay happy..at least she got SSN in 1 and 1/2 months .. ppl dont get a LUD in 1 and 1/2 year..a minor bug that can be fixed by 245(i)..not a blocker for 485
 
Last edited by a moderator:
DaG said:
She was not out of status. She is fine.
Click to expand...

She was out of status for that period. But it should not affect her GC. Probably it will go unnoticed by adjucator.
 
About SSN

I think anyone who is coming first time to this country, can start work immediately. Only that person need to apply for SSN and they will get first salary check after getting SSN card. I am a bit confused how and why this happenend to her? Usually SS Offices are very prompt. It takes about a week or two to get SSN card. Any how I do not think that is a problem for immigration. She did not do it willingly. It happened because of her ignorance or incompetance of Human Resource of her compnay. Advice your frined to be aware of the rules and regulation when she is an alien in a foreigh country.
 
huamulan said:
I have a friend who came in US with H-1B visa. Her first entrance date was in March 2004. She then immediately reported to the company that sponsors her H-1B. As you know, she has to get a social security number before she can legally work and get paid. The processing speed in local SS office was very slow, it took about 1.5 month for her to actually get an SSN assigned. So she started working for the company from mid-April of 2004. This leaves her one and a half month unemployed after her first entrance to US.

My first two questions are: Was she considered to be out of status during this unemployed 1.5 month with a valid H-1B visa when she was waiting for her SSN? Is it normal for people who come US with H-1B visa to have a short unemployed period of time (such as 1 month) when waiting for SSN?

Now the company starts a GC process for my friend. The application form for labor certification puts her starting employment date as "from mid-April" and even doesn't mention her waiting time for SSN (between her first entrance date to US and mid-April). Could such application (not mentioning a 1.5 month time gap between entrance date and the starting date for work) hurt my friend when she moves to 140 or even 485 stage? If yes, what could be the worst damage she can get and what should she do in order to avoid the damage?

If you have any similiar experience, could you please share your knowledge with my friend here?

Thank you very much in advance.
Click to expand...


This may or may not help you but this is my very own experience.

I came in here just as anyone else in this forum as H1B as well and started working immediately while waiting for my SSN. My SSN came out more than a month and I have no problem whatsoever.

I'm now waiting for my 485 approval and my ND is March of 2004. So far, so good. Had problems at times but that's part of it.
 
When I arrived in Feb 1998, I started working from the next day and I applied my SSN following weekend or so. I was paid like advance (ofcourse on company's check), and got paid as pay after my SSN is out. In the first pay check, I got a line saying deductions for the advance that is lent out.

Legally, one has to be paid from the day of arrival, I guess SSN is used on a overall basis of pay and W2.
 
Semantics, semantics

As an FYI - just nitpicking, but you are expected to start earning when you start working - you can get paid later (when you get the SSN, etc, etc). Earning and getting paid are very different things.

I know these are just semantics to the common person, but they have big impacts in personal and employer tax laws and especially impact bigger employers who remit more than a certain amount to the SSA any day.
 
My H-1 story: began working in Jan 2001 - more than 6 mnths after H-1 approved in Apr 2000 (sorry, I already had SSN and maybe the story is not related to this thread..)
? H-1 filed, the company did not inform me about when it was filed and when is proposed starting date...
April 2000 - H-1B approved (I had no idea)
end of May 2000 - the company informed me that it is approved, and they may consider hiring me:) I was not ready, I was working under J-1 and I needed some time to finish it and swith to H-1, I asked them to wait about one month..
June 2000 - met with company representative, arranged starting date end June - beg July, arranged a business trip for me to my home country (they wanted to do some collaboration) immediately after hiring.
Prepared for moving (new work was 800 miles from old), sent child to my home country for summer to pick up later during my business trip...
July 2 - arrived to the company. Had done everything ready to start. rented a house, started utilities at the house, paid car insurance for 2 cars... the company said, no business trip possible, I said, need to pick up my child to bring to US - they said, go and do it, start working later.
I went to my home country but of course had to apply for a visa stamp to re-enter to USA, applied next day after arrival (July 10 I think, 2000).
Waited for a visa stamp until DEC 20, 2000 (!!!). The officer in the embassy did not care .. had to pay the house rent and everything of course but no salary...
 
iamgctracker said:
When I arrived in Feb 1998, I started working from the next day and I applied my SSN following weekend or so. I was paid like advance (ofcourse on company's check), and got paid as pay after my SSN is out. In the first pay check, I got a line saying deductions for the advance that is lent out.

Legally, one has to be paid from the day of arrival, I guess SSN is used on a overall basis of pay and W2.
Click to expand...

That's very common way to deal with the situation when a person first time arrives on H1/L1. And most of the companies who employ H1 workers know that rules/procedure. If you see I-9 form, SS card is not a mandatory document for starting employment.

I hope that was not the case for her, but some consulting companies don't employ immediately. So, not having SSN becomes an excuse for keeping H1 worker in bench.
 
sorry.. I accidentally hit some button..
end of the story:
I arrived to USA on Dec 23, as soon as I could get a ticket (expensive due to Christmas..) with my child :))
immediately came to my company and asked to hire me.. they told, wait,... people most are on vacation.. come back in 2001..
so I was able to start working only in Jan 2001

Some important issues:
- my 6 years count since April 2000 and not Jan 2001
- I was on H-1 in US from Dec 23-31, 2000 but did not work. Created some tax questions (tax status in 200o)? Used a tax lawyer, she said I was on H-1 in end of 2000, ok even if not paid (and not working..), these few days counts for whole 2000 year...
 
pralay said:
She was out of status for that period. But it should not affect her GC. Probably it will go unnoticed by adjucator.
Click to expand...
Yes,the H1B terms were violated if the guy has not worked for a period
and do not have a pay stub.Pay stub is the proof always accepted generally as employee served employer and maintained other H1 B terms followed as per terms it is issued.If pay stub is not there there may need to be an explanation like medical etc.but the employee must be on the rolls of employer always(employer- employee relation ship to be established always
during the currency of H1B.less pay issue can be of different nature).
This particular issue,not had pay stubs/not on rolls for 1.5 months and if green card is processed by the employer,this guy is safe with section 245(K) (not on 245i).it may/may not go unnoticed,if the gap is mentioned in form 325A and if employer certificate shows the gap,but it is condoned under section 245K and will be no problem.(out of status can be up to 180 days).
Who ever is applying for GC now is to be doubly careful about these issues
while filling up G325 A form now,as there were many RFEs on 485 -G325A
descripancies are being issued recently.(some were posted on this forum).
So careful in tying loose ends on form G325A.in general.
-----------------------------------------------------------------------
Not a legal advice.
 
She is fine, but if adjucator looks at her case and sends a rfe notice, she is elgible for 245(k), not 245(i) which covers applicants who were out of status for more than 180 days. 245(k) covers applicants who were out of status for less than 180 days.

In my opinion, she was out of status, but 1.5 months is very small. it might go unnoticed by adjucator. Don't worry. Tell her not to worry because she is covered by 245(k).
 
You must log in or register to reply here.
Top