meauxna

She can start working and be paid without a SSN as long as she has made her application. I'll find that post to add here in a bit if needed.

In this particular case, the employer is OP's current employer in India. I suspect they would be willing to work with her on this, although they do not have to do anything wrong or out of the ordinary to accommodate her.

Knight

You don't need an SSN to work, there is no law saying you do. You do need an SSN to pay taxes, and not doing that is a crime though.

learners_den

Thank you everyone all this is very helful. I think i can atleast stake my claim and then try entering from JFK if they are willing to wait for some time! I think we really need a vacation to celebrate all the running around and waiting game!

learners_den

Oh oh.. i missed reading this message before i made the previous post Why do you think the current employment will have a negative impact? and is it a must to have the SSN almost immediately?

I was planning to start working and hope that the EAD comes in time (assuming we get married immediately) ie 60-90 days. would that not be enough for them? Please suggest... as i want to cover as many questions as I can and be prepared with the answers. Also ... at what stage should we apply for the SSN? would it be with the 485 and EAD?

ian-mstm

You should apply for your SSN about 12-14 days after you enter the US. It takes about that long to get your immigration information into the system used by the SSA. If you apply sooner than that, and your information is not already in the system, it will have to be manually verified and that can take many weeks or months.

Ian

Noorah101

The SSN should be applied for about 10 days after the K-1 entry. That gives the alien's name time to show up in the database which SS uses to verify the alien's status. SS can give the alien a letter stating that they've applied for a SSN, which is acceptable to an employer that a SSN is on the way. It takes a few weeks for the SS card to show up in the mail.

I think what's being said is that it should be easier to start working for the company without a SSN, since it's the same company the alien is already working for (did I understand that correctly?).

Rene

Just Jenney

You must have missed the part of my post where I said, "I know that technically he could get [an SSN] after he starts working, if the employer's ok with that..."

~ Jenney

meauxna

I don't think that there will be any negative impact!
I think your employer will be even more comfortable with your situation *because* you already work for them.

This might be a plan for you:

-Enter the US via JFK airport & secure "EAD stamp" valid for 90 days
-About 10 days after arriving (sooner if you like but with possible slower results) go to your local SSA office and apply for your SS number.
-Begin your employment ASAP
-Update SSN information with employer as soon as you receive the card.

meauxna

Unfortunately, our resident SSA expert has un-joined the group due to flack over football n' stuff.

He would often post this important memo. K-1s take note! print off a copy of this POM to take with you to SSA to head off trouble before it starts.

RM 00203.500 Employment Authorization for Nonimmigrants

It shows SSA that a K-1 entrant may apply for and receive a Social Security account.
You MUST do this in your first 76 days in the US or wait until you have an EAD (work permit) or Green Card.
There is NO REASON to mention your marital status to SSA when applying from a K-1 (or any other visa type). You may complicate things if you introduce the topic.

There may be further information in the BE Wiki.

meauxna

Getting hired for and starting a job before you have your Social Security Number.

Even though I will copy it here, it's worth reading this thread and making note of Noorah101's experience regarding verification. This is a good reason to give a few days after arrival before going to SSA to apply. You must wait for DHS to get your entry logged into their SAVE database, which SSA will use to verify your immigration status.

http://britishexpats.com/forum/showt...php?p=4852916&

------------------------------

If the applicant is employment authorized and can document that, she doesn't need the actual SS card or number to be hired or begin working or get paid. The company can read this information at ssa.gov

The SSA relies on the USCIS to enter the POE information into a database in a timely fashion. This doesn't always happen. However, you do not have to wait to start working if you are employment authorized.

Employers may hire candidates who have applied for, but not yet received, their Social Security Card.

http://tinyurl.com/3aqah6
Do legal aliens need a Social Security number to work?

Question
We are a company who is hiring legal aliens without Social Security numbers. Do they need a number to work, or just a work permit?

Answer
You are required to get each employee's name and Social Security number and to enter them on Form W-2. (This requirement also applies to resident and nonresident alien employees.) You should ask your employee to show you his or her social security card. The employee is required to show the card, if available. You may, but are not required to, photocopy the Social Security card if the employee provides it.

A non-U.S. citizen employee who does not have a Social Security number may apply for one by completing Form SS-5, Application for a Social Security Card. To apply for a card, he or she will need to complete Form SS-5 which is available for download. Or they may obtain Form SS-5 by calling 1-800-772-1213 or visiting the local Social Security office.

The employee will need to submit Form SS-5 with evidence of age, identity and current authorization to work from the Department of Homeland Security (DHS). (The application cannot be filed by the employer.) The immigration document may be acceptable as evidence of both identity and authorization to work in the United States. All documents must be either originals or copies certified by the issuing agency.

To apply for a replacement card, the employee will need to submit Form SS-5 with evidence of identity and current authorization to work from the DHS. We cannot accept photocopies of documents. We need original documents or copies certified by the custodian of the record. Notarized copies are also not acceptable.

If the employee is a noncitizen, we must verify their documents with the (DHS) before we issue a card. We will issue the card within two days of receiving verification from DHS. Most of the time, we can quickly verify documents online with DHS. If DHS can't verify the documents online, it may take several weeks or months to respond to Social Security's request.

Employers may hire foreign workers who have applied for and are waiting to receive Social Security numbers and cards. The employee may work while the Social Security number application is being processed. If your employee applied for an SSN but does not have it when you must file Form W-2, enter "Applied for" on the form. When the employee receives the SSN, file Form W-2c, Corrected Wage and Tax Statement, to show the employee's SSN.

Note that these are SSA's instructions to employers.

learners_den

Wow.. thanks for all the research and documents provided..really appreciate it. Its such a big big help to hear from all the experiences.

I guess working without SSN should be o.k so the only real thing is to get the employment authorization stamp at JFK. And based on all the inputs I would love to assume that the probability of that is high... need your best wishes for that from here

meauxna

Take me on vacation with you and I will spend all day meditating on good wishes for you.

Oh, ok, I'll do it anyway.

lofty79

Sorry if i'm gate-crashing this thread a little, but i have a quick question re. SSN.

I arrived in the US on 13th March on a K-1. Last week, three weeks after arrival - i applied for my SSN at the local SSA office and all seemed fine - no questions asked about marital status (i married a week previously.) Before i left, the girl who proccessed my application said something along the lines of - "immigration need to verify your documents so i will be sending copies to them" - and took photo-copies of my I-94 and passport. She also handed me a letter telling me the same thing and that verification will take up to four weeks, and subsequent card production a further two weeks.

My question is - does this sound normal or have i fallen foul of the, not yet in the system scernario? At first i thought it was all normal since she already had the letter ready printed, however reading around here i have found no mention of it normally taking 6 weeks, only the two weeks for card production.

Cheers

Tracym

My Keith arrived on a K-1, and went through JFK and got the temporary EAD stamp.

Interestingly, our attorney told us to go ahead and apply for the SSN (2 days after he arrived).

What happened was that the (Chicago) soc sec office said Keith wasn't in the system, but the office but that they would hold the application until he appeared in the system. Only if he didn't show up would they verify it with USCIS.

He got his card about a week later, no problem (to my surprise actually).

meauxna

Did Keith actually get the "EAD" employment authorization stamp at JFK?
Because if he got the I-551 stamp, he's now a Permanent Resident. (and saved you +a thousand bucks!)

lofty, what Tracy describes is what "should" be done.
You may want to drop back into your SSA office this week and check up on your application; they are supposed to hold it and re-check for you every couple of days.
You may find when you go in that your application has gone through and they can give you the number (card will still be mailed).

I'll see if I can find Mike's tip sheet for following up on the verification business. It's a PITA I tell ya. You'd think every office would simply look up how to do it if they don't know.