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Right of redress or naivety?

Right of redress or naivety?

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Old Oct 25th 2005, 1:44 am
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Default Re: Right of redress or naivety?

Originally Posted by Roadster280

Today I went to the social security office to submit the application. I was told that the INS had not updated the computer and to come back in two weeks time. Now this will impact my house closing, which will have to be delayed. Since that means I have to remain in rented accomodation longer, then I will lose tangible money. The arrangement with my company is that I can have 3 months in rented accomodation, and if I move out within those 3 months, I can expense the balance on furniture for the new house.

None of this was explained by any of the SSA information on the website, nor the INS inspector. Until the SSN is issued, I can't even be paid.
http://www.irs.gov/businesses/small/...129227,00.html
Delays in Issuing SSNs to Aliens by the Social Security Administration

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.

http://www.ssa.gov/employer/hiring.htm
Employer Responsibilities When Hiring Foreign Workers

2. What are an employer’s responsibilities when hiring foreign workers who don’t have Social Security numbers

Advise workers that they are required to apply for a Social Security number and card. If a worker applied for but has not yet received a Social Security number, you should get the following information as complete as possible: The worker’s full name, address, date of birth, place of birth, father's full name, mother's full maiden name, gender and the date he or she applied for a Social Security number.

Now did you submit the SSN application? They should have taken the application, not tell you to come back in 2 weeks.

The status/documents of all aliens must be verified before SSA will assign an SSN and/or issue a card.

The SSA office will try to verify your status through the SAVE system while you are in the office. If they can't, they will send a form G-845 to immigration for manual verification. This could delay the assigning of an SSN and/or issuing a card for weeks and some times months.

If the SSA office does send the G-845, suggest that you go back to the
SSA office no more than once a week with your documents to (1) ask them
to check SAVE again (2) ask if they sent a G-845 (3) if yes, did it come
back (4) after 30 days ask if they have followed up on the G-845 by
calling or sending another mark "second request."
--------------------------------------------------------------------------http://policy.ssa.gov/poms.nsf/lnx/0100203720
RM 00203.720 Verifying Immigration Documents
-------------------------------------------------------------------------http://policy.ssa.gov/poms.nsf/lnx/0100203735
RM 00203.735 Requesting Online (Primary) Verification By SAVE
--------------------------------------------------------------------------http://policy.ssa.gov/poms.nsf/lnx/0100203740
RM 00203.740 Requesting Additional (Manual) Verification By DHS

After 30 days you can even try calling the immigration office doing the
verification to ask if they received a G-845 and if yes could they
please get it back to the SSA office ASAP.

http://policy.ssa.gov/poms.nsf/lnx/0100203748
RM 00203.748 List of DHS, USCIS Offices That Verify Immigration Documents

If they say they never received one, go back to the SSA office and ask
to speak with the office manager and insist that they send another G-845
marked "second request."
--------------------------------------------------------------------------After having waited at least 30 days and your local SSA office doesn't
seen concerned about following up on the G-845 you can try contacting
the SSA Regional Office (RO) responsible for your state:

http://www.ssa.gov/pressoffice/natlpocontacts.html

Refer them to this:

RM 00203.740 Requesting Additional (Manual) Verification By DHS

B. PROCEDURE – HOW TO REQUEST MANUAL VERIFICATION

STEP 6

DHS should respond to SSA within 15 federal work days after receiving
the Form G-845. If DHS does not respond within 15 federal work days from
the receipt of the G-845 from SSA, follow-up with the DHS, USCIS
Immigration Status office. (Allow 15 days plus five additional federal
work days of mail time for the G-845 to be received at and returned from
DHS.

Follow local practice to follow-up with DHS. Some SSA offices have an
arrangement with the DHS, USCIS office to telephone for the follow-up
contact; other SSA offices send a copy of the original G-845 annotated
“second request.”) If the DHS response is still not received within 15
federal work days after the follow-up contact (if the follow-up is by
mail allow five additional federal work days of mail time for the G-845
to be received at and returned from DHS), make a second follow-up
contact. If the DHS response is not received within 15 federal workdays
(again, if the follow-up is by mail, allow five additional federal work
days of mail time for the G-845 to be received at and returned from
DHS), after two follow-ups, contact the RO. Also report to the RO any trend that shows a serious deviation by DHS from the above time frames. The RO will consult with central office.

Don't know if that's sensible, but the best I can do.
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Old Oct 25th 2005, 1:51 am
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Default Re: Right of redress or naivety?

Originally Posted by Roadster280
My paper I-94 was worthless to the SSA, despite having to have it for the application. The computer didn't have a record, so that was that, try again in a couple of weeks.
I-94 not worthless. That's your proof of work authorized status. Without that you aren't getting an SSN not matter what the SAVE system says.
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Old Oct 25th 2005, 2:00 am
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Default Re: Right of redress or naivety?

Originally Posted by BigDavyG
Have no fear. Make sure that you know everything that you need then apply for the SSN in 2 weeks.
Within 48 hours of filing your application you should be able to go back to the office with a receipt confirming your application and they will be able to tell you what your SSN is. The little card will then follow in the mail a few weeks later, but no-one ever asks for this, they just need your number.
I got here in July and had SSN hassles, but not with my local office who were extremely helpful. For what its worth I think they appreciate getting to deal with someone who can speak english and who is reasonably polite - a bit of a novelty in their line of work.

Good luck

Having said all this I'm not sure why they can't process you now. As far as I'm aware all they need is your visa, passport and address.
Once the application has been processed and an SSN has been assigned he can go back to the SSA office to obtain the SSN before the card arrives in the mail, but until his status is verified nothing going to happen. The card should arrive in the mail within 14 days after the SSN is assigned. While at the office you can request an SSN Verification Printout. Not the same as having the card, but is some proof of having been assigned an SSN until you receive the card.

Needs, I-94 showing L-1 status, passport and birth certificate (if avaliable).
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Old Oct 25th 2005, 2:04 am
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Default Re: Right of redress or naivety?

Originally Posted by Schnorbitz
For my house purchase the bank were satisfied with a copy of my completed application for a SSN and the accompanying letter. Would this suffice in your case?
I assume you are talking about a copy of you SS-5 before you submitted it, since SSA offices normally don't give the applicant a copy of the application after it's been submitted. You should get an acknowledgement notice saying that you have sumitted an application, but an SSN will not be assigned until immigration has verified your status/documents.
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Old Oct 25th 2005, 2:05 am
  #20  
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Default Re: Right of redress or naivety?

Originally Posted by mdyoung
I-94 not worthless. That's your proof of work authorized status. Without that you aren't getting an SSN not matter what the SAVE system says.
To quote an Americanism, "you're the man!". Actually, they didnt take the application. I will try again on Friday or Monday. In the meantime, I will talk to my company about the pay vs SSN issue. In the UK, I know there would be no issue, but here we use a contractor for the payroll (only a few employees vs 100 in the UK). I will also talk to the mortgage company. If no joy on Friday at the SSA, it seems like I should insist they take the application.

Thanks again!

Out of adjectives, Atlanta.
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Old Oct 25th 2005, 2:16 am
  #21  
 
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Default Re: Right of redress or naivety?

Originally Posted by Roadster280
To quote an Americanism, "you're the man!". Actually, they didnt take the application. I will try again on Friday or Monday. In the meantime, I will talk to my company about the pay vs SSN issue. In the UK, I know there would be no issue, but here we use a contractor for the payroll (only a few employees vs 100 in the UK). I will also talk to the mortgage company. If no joy on Friday at the SSA, it seems like I should insist they take the application.

Thanks again!

Out of adjectives, Atlanta.
A couple other things

If you went to either of these offices:

Building 100
1395 S Marietta Parkway Suite 130
Marietta, GA 30067
(770) 424-4871
8:30 AM to 3:30 PM

or

4365 Shackleford Road
Norcross, GA 30093
(678) 380-5827
8:30 AM to 3:30 PM

Run for you life. LOL Trust me go to another SSA office.

You might want to look over the US/UK Social Security Agreement:

http://www.ssa.gov/international/Agr...phlets/uk.html
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Old Oct 25th 2005, 2:23 am
  #22  
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Default Re: Right of redress or naivety?

Originally Posted by mdyoung
A couple other things

If you went to either of these offices:

Building 100
1395 S Marietta Parkway Suite 130
Marietta, GA 30067
(770) 424-4871
8:30 AM to 3:30 PM

or

4365 Shackleford Road
Norcross, GA 30093
(678) 380-5827
8:30 AM to 3:30 PM

Run for you life. LOL Trust me go to another SSA office.

You might want to look over the US/UK Social Security Agreement:

http://www.ssa.gov/international/Agr...phlets/uk.html

Oh great! it was the Norcross one. I will try the Marietta one next!

Again, I simply can't believe the help people have shown me on here. Thanks once more.
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Old Oct 25th 2005, 2:33 am
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Default Re: Right of redress or naivety?

Originally Posted by Roadster280
Oh great! it was the Norcross one. I will try the Marietta one next!

Again, I simply can't believe the help people have shown me on here. Thanks once more.
I would suggest going to an SSA office that's within reasonable driving distance, but out of the city. Just go to the SSA office locator and enter zip codes that are near by to find another SSA office. You are free to go to any of them to apply.

http://www.ssa.gov/locator

In those two office I mentioned I don't know if the SSN service sucks because they are very busy or if the service just sucks, but you would be wise to apply elsewhere.
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Old Oct 25th 2005, 3:07 am
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Default Re: Right of redress or naivety?

Originally Posted by mdyoung
I assume you are talking about a copy of you SS-5 before you submitted it, since SSA offices normally don't give the applicant a copy of the application after it's been submitted. You should get an acknowledgement notice saying that you have sumitted an application, but an SSN will not be assigned until immigration has verified your status/documents.
I don't know what an SS-5 is but I got a copy of my completed application form and a personalised letter saying that my application was being processed. And yes, they did confirm that my SSN would not be assigned until immigration had verified my status. 4 - 6 weeks in total was their quoted timeframe
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Old Oct 25th 2005, 3:28 am
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Default Re: Right of redress or naivety?

Originally Posted by Schnorbitz
I don't know what an SS-5
It's the SSN application form number. Did you get a copy of this:

http://www.ssa.gov/online/ss-5.pdf

This is the letter you received:

http://policy.ssa.gov/poms.nsf/lnx/0100202307
RM 00202.307 Acknowledgement for Form SS-5

Field Offices s are not authorized to issue a receipt to an individual who has requested an SSN card unless SSA will also issue the individual the card.

There have been instances where individuals whose documents must be verified have requested written acknowledgement that they have requested an SSN card.

2. When to Issue

Issue the letter when the individual:

-- requests an acknowledgement of his/her SS-5; and

-- has submitted documents with the SS-5 that need to be verified with the issuing agency (e.g., Immigration and Naturalization Service, State Bureau of Vital Statistics).
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Old Oct 25th 2005, 6:19 pm
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Default Re: Right of redress or naivety?

Spoke to my mortgage bank today, they weren't happy not having the SSN. So I will have to look happy. If it is delayed by 2 weeks I will lose money, as my apartment is rented on a calendar month basis. If it is done by Nov 30, I will be no worse off. I don't want to rock the boat with the bank, so no point in escalating it with them.

Here's hoping, and thanks to everyone for their advice.
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Old Oct 25th 2005, 6:59 pm
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Default Re: Right of redress or naivety?

karma for you, mike!
Thanks for coming over and posting POMS for everyone to ogle
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Old Oct 25th 2005, 7:57 pm
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Default Re: Right of redress or naivety?

Originally Posted by meauxna
karma for you, mike!
Rather have a sandwich. LOL
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Old Oct 25th 2005, 8:11 pm
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Default Re: Right of redress or naivety?

Originally Posted by mdyoung
Rather have a sandwich. LOL
Hush now, it's almost dinnertime in your world.
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Old Oct 25th 2005, 8:14 pm
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Default Re: Right of redress or naivety?

Originally Posted by Roadster280
Seasoned US dwellers,

I would appreciate a bit of advice. I spent the spring and early summer here on the VWP wrapping up some business for my company. While here, it became apparent that we needed my job function in the US office more than the UK. So we arranged my transfer. I went home and got an L1A visa, and came back last week. Before I left the US last time, I arranged a house purchase (surprisingly little problem with mortgage), with a closing date of Nov 15th. One of the stipulations on the mortgage was that I had to have a social security number. No problem with L1 visa.

Today I went to the social security office to submit the application. I was told that the INS had not updated the computer and to come back in two weeks time. Now this will impact my house closing, which will have to be delayed. Since that means I have to remain in rented accomodation longer, then I will lose tangible money. The arrangement with my company is that I can have 3 months in rented accomodation, and if I move out within those 3 months, I can expense the balance on furniture for the new house.

None of this was explained by any of the SSA information on the website, nor the INS inspector. Until the SSN is issued, I can't even be paid. The same deal with the house also applies to my rental car. Do I have any right of redress, or method of expediting this? Or am I just plain naive in expecting to be able to apply striaght away for the number that lets me pay taxes and be all legal?

Sensible suggestions gratefully received.

Yours,

Frustrated, Atlanta
Save your energy and accept this is going to cost some money! SSA and CIS (ex-INS) dont owe you any explanation.
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