Not received SSN

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Old May 2nd 2007, 10:01 am
  #1  
harshvardhanc
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Default Not received SSN

Hi all,
I had applied for my new social security card around a omnth back and
still have not received my card.
On calling up the office, all that they say is that the department of
homeland security has not replied .
In the meanwhile, I do not get paid enough by my employer , since I am
still not "employable"(no SSN).
I am on an H1.

Thanks,
Mits
 
Old May 2nd 2007, 1:15 pm
  #2  
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Default Re: Not received SSN

Originally Posted by harshvardhanc
Hi all,
I had applied for my new social security card around a omnth back and
still have not received my card.
On calling up the office, all that they say is that the department of
homeland security has not replied .
In the meanwhile, I do not get paid enough by my employer , since I am
still not "employable"(no SSN).
I am on an H1.

Thanks,
Mits

If SSA has to clear your status with USCIS before issuing you a SSN then the wait can be up to 10 weeks. As for your employer not paying you enough, if he contracted you for a certain wage and is not paying it, then he is in violation of the law and can be reported to the Department of Labor.
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Old May 2nd 2007, 2:31 pm
  #3  
Joe Feise
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Default Re: Not received SSN

[email protected] wrote on 05/02/07 03:01:

> Hi all,
> I had applied for my new social security card around a omnth back and
> still have not received my card.
> On calling up the office, all that they say is that the department of
> homeland security has not replied .
> In the meanwhile, I do not get paid enough by my employer , since I am
> still not "employable"(no SSN).
> I am on an H1.


You *are* employable. According to the I-9, you have up to 90 days to provide
the SSN.
On H1, you have to get paid.
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
 
Old May 2nd 2007, 7:31 pm
  #4  
J. J. Farrell
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Default Re: Not received SSN

On May 2, 3:01 am, [email protected] wrote:
>
> I had applied for my new social security card around a omnth back and
> still have not received my card.
> On calling up the office, all that they say is that the department of
> homeland security has not replied .
> In the meanwhile, I do not get paid enough by my employer , since I am
> still not "employable"(no SSN).
> I am on an H1.

If you're on an H-1 then you are certainly employable by the sponsor
of that H-1. He should be paying you. You do not need an SSN to be
paid. Contact the Department of Labor if he doesn't pay you, as he's
breaking several laws.
 
Old May 2nd 2007, 10:15 pm
  #5  
harshvardhanc
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Default Re: Not received SSN

According to information at : http://www.co.vt.edu/Forms/Key_Points_to_I9.pdf
Section 1 on I-9 must be completed by the employee either prior to or
on the 1st day of work.
SSN number is a part of section 1 .
Details in section 2 can be completed within 90 days .

On May 2, 7:31 am, "Joe Feise (Immigration)" <[email protected]> wrote:
> [email protected] wrote on 05/02/07 03:01:
>
> > Hi all,
> > I had applied for my new social security card around a omnth back and
> > still have not received my card.
> > On calling up the office, all that they say is that the department of
> > homeland security has not replied .
> > In the meanwhile, I do not get paid enough by my employer , since I am
> > still not "employable"(no SSN).
> > I am on an H1.
>
> You *are* employable. According to the I-9, you have up to 90 days to provide
> the SSN.
> On H1, you have to get paid.
> --
> I am not a lawyer.
> For reliable advice, consult a competent immigration attorney.
 
Old May 2nd 2007, 10:18 pm
  #6  
harshvardhanc
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Default Re: Not received SSN

Hi Joe,
Thanks for your reply.

According to information at : http://www.co.vt.edu/Forms/Key_Points_to_I9.pdf
Section 1 on I-9 must be completed by the employee either prior to or
on the 1st day of work.
SSN number is a part of section 1 .
Details in section 2 can be completed within 90 days .

Regards,
Mits
On May 2, 7:31 am, "Joe Feise (Immigration)" <[email protected]> wrote:
> [email protected] wrote on 05/02/07 03:01:
>
> > Hi all,
> > I had applied for my new social security card around a omnth back and
> > still have not received my card.
> > On calling up the office, all that they say is that the department of
> > homeland security has not replied .
> > In the meanwhile, I do not get paid enough by my employer , since I am
> > still not "employable"(no SSN).
> > I am on an H1.
>
> You *are* employable. According to the I-9, you have up to 90 days to provide
> the SSN.
> On H1, you have to get paid.
> --
> I am not a lawyer.
> For reliable advice, consult a competent immigration attorney.
 
Old May 3rd 2007, 12:42 am
  #7  
J. J. Farrell
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Default Re: Not received SSN

On May 2, 3:15 pm, [email protected] wrote:
> According to information at : http://www.co.vt.edu/Forms/Key_Points_to_I9.pdf
> Section 1 on I-9 must be completed by the employee either prior to or
> on the 1st day of work.
> SSN number is a part of section 1 .
> Details in section 2 can be completed within 90 days .

I'm not sure what your point is. Section 1 must be completed at the
time of hire. If you don't have an SSN at that time, just leave that
box blank or write "none" or something.

The SSA website states "we do not require you to have a Social
Security number before you start work". If I remember correctly, you
have to apply for one within 7 days after starting work though.
 
Old May 3rd 2007, 2:02 am
  #8  
 
Joined: Jun 2003
Posts: 1,109
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Default Re: Not received SSN

Originally Posted by Joe Feise
[email protected] wrote on 05/02/07 03:01:

> Hi all,
> I had applied for my new social security card around a omnth back and
> still have not received my card.
> On calling up the office, all that they say is that the department of
> homeland security has not replied .
> In the meanwhile, I do not get paid enough by my employer , since I am
> still not "employable"(no SSN).
> I am on an H1.


You *are* employable. According to the I-9, you have up to 90 days to provide
the SSN.
On H1, you have to get paid.
.
The SSN card is not needed for the I-9 unless that's what you want to use as your work authorization document and in your case the I-94 with H-1B status is your work authorization document.


You can find SSN and employment information on the Internal Revenue Service Website at:

http://www.irs.gov/businesses/small/...129227,00.html
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Old May 3rd 2007, 2:16 am
  #9  
 
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Posts: 1,109
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Default Re: Not received SSN

Originally Posted by harshvardhanc
Hi all,
I had applied for my new social security card around a omnth back and still have not received my card.
On calling up the office, all that they say is that the department of homeland security has not replied .
For this I suggest that you go back into the office with your documents to find out what is going on.

SSA tries to verify your status with immigration while you are there through SAVE. If that doesn't work they are supposed to send a secondary electronic verification request. If that comes back good they finish processing the application. If it comes back no good they deny the application. Then in some cases immigration wants to see copies of the documents and they are sent along with Form G-845.

I would see if the secondary request was submitted and has a response been received. If your documents were requested has the G-845 been sent. If yes has it come back.

You need to allow 30 days for the secondary electronic request to come back and another 30 days for the G-845 to come back.
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Old May 3rd 2007, 4:57 am
  #10  
Joe Feise
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Default Re: Not received SSN

[email protected] wrote on 05/02/07 15:18:

> Hi Joe,
> Thanks for your reply.
>
> According to information at : http://www.co.vt.edu/Forms/Key_Points_to_I9.pdf
> Section 1 on I-9 must be completed by the employee either prior to or
> on the 1st day of work.
> SSN number is a part of section 1 .


That's irrelevant, since it is not the section about employment eligibility. You
can write "none" there if you don't have it yet.

> Details in section 2 can be completed within 90 days .


What I was referring to is the "List of acceptable documents", in particular
item #1 on List C:
"Documents that Establish Employment Eligibility
1. U.S. social security card issued by the Social Security Administration (other
than a card stating it is not valid for employment)"

The instructions state:
"Employers must complete Section 2 by examining evidence of identity and
employment eligibility within three (3) business days of the date employment
begins. If employees are authorized to work, but are unable to present the
required document(s) within three business days, they must present a receipt for
the application of the document(s) within three business days and the actual
document(s) within ninety (90) days."

>
> Regards,
> Mits
> On May 2, 7:31 am, "Joe Feise (Immigration)" <[email protected]> wrote:
>> [email protected] wrote on 05/02/07 03:01:
>>
>>> Hi all,
>>> I had applied for my new social security card around a omnth back and
>>> still have not received my card.
>>> On calling up the office, all that they say is that the department of
>>> homeland security has not replied .
>>> In the meanwhile, I do not get paid enough by my employer , since I am
>>> still not "employable"(no SSN).
>>> I am on an H1.
>> You *are* employable. According to the I-9, you have up to 90 days to provide
>> the SSN.
>> On H1, you have to get paid.
>> --
>> I am not a lawyer.
>> For reliable advice, consult a competent immigration attorney.
>
>



--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
 
Old May 3rd 2007, 4:59 am
  #11  
Joe Feise
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Posts: n/a
Default Re: Not received SSN

mdyoung wrote on 05/02/07 19:02:

>> [email protected] wrote on 05/02/07 03:01:
>>
>>> Hi all,
>>> I had applied for my new social security card around a omnth back
>>> and
>>> still have not received my card.
>>> On calling up the office, all that they say is that the department
>>> of
>>> homeland security has not replied .
>>> In the meanwhile, I do not get paid enough by my employer , since I
>>> am
>>> still not "employable"(no SSN).
>>> I am on an H1.
>>
>> You *are* employable. According to the I-9, you have up to 90 days to
>> provide
>> the SSN.
>> On H1, you have to get paid.
>> --
>> I am not a lawyer.
>> For reliable advice, consult a competent immigration attorney.
>
> The SSN card is not needed for the I-9 unless that's what you want to
> use as your work authorization document and in your case the I-94 with
> H-1B status is your work authorization document.


Yes, upon review of the I-9, I found that List A has this entry:
"Unexpired foreign passport, with I-551 stamp or attached Form I-94 indicating
unexpired employment authorization"
So, the I-94 indicating H1B status is indeed enough for the I-9.
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
 
Old May 3rd 2007, 10:54 pm
  #12  
harshvardhanc
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Default Re: Not received SSN

Hi JJ,
Could you send me the link of the page where this is stated?
It would go a along way in helping me.

Regards,
Mits

On May 2, 5:42 pm, "J. J. Farrell" <[email protected]> wrote:
> On May 2, 3:15 pm, [email protected] wrote:
>
> > According to information at : http://www.co.vt.edu/Forms/Key_Points_to_I9.pdf
> > Section 1 on I-9 must be completed by the employee either prior to or
> > on the 1st day of work.
> > SSN number is a part of section 1 .
> > Details in section 2 can be completed within 90 days .
>
> I'm not sure what your point is. Section 1 must be completed at the
> time of hire. If you don't have an SSN at that time, just leave that
> box blank or write "none" or something.
>
> The SSA website states "we do not require you to have a Social
> Security number before you start work". If I remember correctly, you
> have to apply for one within 7 days after starting work though.
 
Old May 3rd 2007, 11:57 pm
  #13  
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Default Re: Not received SSN

MDYoung, who is an administrator for the Social Security Administration, gave you the link previously.


Originally Posted by harshvardhanc
Hi JJ,
Could you send me the link of the page where this is stated?
It would go a along way in helping me.

Regards,
Mits

On May 2, 5:42 pm, "J. J. Farrell" <[email protected]> wrote:
> On May 2, 3:15 pm, [email protected] wrote:
>
> > According to information at : http://www.co.vt.edu/Forms/Key_Points_to_I9.pdf
> > Section 1 on I-9 must be completed by the employee either prior to or
> > on the 1st day of work.
> > SSN number is a part of section 1 .
> > Details in section 2 can be completed within 90 days .
>
> I'm not sure what your point is. Section 1 must be completed at the
> time of hire. If you don't have an SSN at that time, just leave that
> box blank or write "none" or something.
>
> The SSA website states "we do not require you to have a Social
> Security number before you start work". If I remember correctly, you
> have to apply for one within 7 days after starting work though.
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Old May 3rd 2007, 11:59 pm
  #14  
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Default Re: Not received SSN

The quote from the link MDYoung provided:

There is no federal law administered by any federal agency which prohibits the hiring of a person based solely on the fact that the person does not have a Social Security Number (SSN). Similarly, there is no federal law which prohibits the making of a payment to a person based solely on the fact that the person does not have an SSN.
However, there are federal laws and regulations which require the reporting of a payee's TIN (Taxpayer Identification Number--SSN or ITIN) on federal information returns and payee statements such as forms W-2, 1099, 1042-S, etc. In addition, federal regulations require (with a few exceptions) that all tax treaty claims made on Forms 8233, W-8BEN, or W-9 be accompanied by the beneficial owner's TIN.
The IRS is quite aware of the Social Security Administration's procedures effective since 09-30-2002 about not issuing an SSN to any alien for whom it cannot confirm his identity and immigration status from the USCIS (United States Citizenship and Immigration Services—formerly the INS). In addition, the IRS is quite aware of the potential delays in securing an SSN which these procedures may cause some aliens. Furthermore, in the situation in which an alien is work-authorized under the immigration law and has met the Social Security Administration's evidence requirements for an SSN, but who is experiencing delays in securing an SSN caused by the SSA's procedures, the IRS will not generally issue an ITIN (Individual Taxpayer Identification Number) to such an alien.
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Old May 6th 2007, 2:38 am
  #15  
 
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Default Re: Not received SSN

Originally Posted by Rete
The quote from the link MDYoung provided:

There is no federal law administered by any federal agency which prohibits the hiring of a person based solely on the fact that the person does not have a Social Security Number (SSN). Similarly, there is no federal law which prohibits the making of a payment to a person based solely on the fact that the person does not have an SSN.
However, there are federal laws and regulations which require the reporting of a payee's TIN (Taxpayer Identification Number--SSN or ITIN) on federal information returns and payee statements such as forms W-2, 1099, 1042-S, etc. In addition, federal regulations require (with a few exceptions) that all tax treaty claims made on Forms 8233, W-8BEN, or W-9 be accompanied by the beneficial owner's TIN.
The IRS is quite aware of the Social Security Administration's procedures effective since 09-30-2002 about not issuing an SSN to any alien for whom it cannot confirm his identity and immigration status from the USCIS (United States Citizenship and Immigration Services—formerly the INS). In addition, the IRS is quite aware of the potential delays in securing an SSN which these procedures may cause some aliens. Furthermore, in the situation in which an alien is work-authorized under the immigration law and has met the Social Security Administration's evidence requirements for an SSN, but who is experiencing delays in securing an SSN caused by the SSA's procedures, the IRS will not generally issue an ITIN (Individual Taxpayer Identification Number) to such an alien.
This?

http://www.irs.gov/businesses/small/...129227,00.html
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