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Social Security Help

Social Security Help

Old Oct 27th 2005, 5:49 pm
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Default Social Security Help

Hi, as per my previous social security and EAD thread, i have not yet received my ss card and it looks like its going to be at least a couple of wks as the paperwork never got to where it was supposed to go for it to be verified, but hopefully it should be in the process now. I had not planned to look for work until i received my ss card, but today i have been offered an interview tomorrow for a position which i would really like. Very short notice and so totally unexpected. I know that i can legally work as i have applied for my ss number and i have the letter to show i applied, can anyone help me in what i should say during the interview about the issue, i would like this job and i think i would be pretty angry if i didn't get it because i dont have a ss number yet. Has anyone done this and has the company that employed had any issues with it? Thank You very much in advance.
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Old Oct 27th 2005, 6:00 pm
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Default Re: Social Security Help

Originally Posted by ladygwennie
Hi, as per my previous social security and EAD thread, i have not yet received my ss card and it looks like its going to be at least a couple of wks as the paperwork never got to where it was supposed to go for it to be verified, but hopefully it should be in the process now. I had not planned to look for work until i received my ss card, but today i have been offered an interview tomorrow for a position which i would really like. Very short notice and so totally unexpected. I know that i can legally work as i have applied for my ss number and i have the letter to show i applied, can anyone help me in what i should say during the interview about the issue, i would like this job and i think i would be pretty angry if i didn't get it because i dont have a ss number yet. Has anyone done this and has the company that employed had any issues with it? Thank You very much in advance.
Yes: you should say "I have my EAD, and I have applied for an SSN. Here is the letter from the SSA showing that I have applied for my SSN and that it will be issued shortly."
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Old Oct 27th 2005, 6:07 pm
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Default Re: Social Security Help

Originally Posted by nettlebed
Yes: you should say "I have my EAD, and I have applied for an SSN. Here is the letter from the SSA showing that I have applied for my SSN and that it will be issued shortly."
well technically it doesnt say it will be issued as it is pending the verification, but i does say that i applied, (says in bold that does not say i can work lol). Do you think this would be ok?
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Old Oct 27th 2005, 6:21 pm
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Default Re: Social Security Help

Originally Posted by ladygwennie
well technically it doesnt say it will be issued as it is pending the verification, but i does say that i applied, (says in bold that does not say i can work lol). Do you think this would be ok?
The E and A in EAD stand for Employment and Authorisation. If it is current, then that grants you the right to work. When I had my first H-1B I worked for about two months without an SSN, and my employer didn't bat an eyelid. However, that was in 1989, and things may have changed since.

Is your prospective employer a large company? If so, they may be more aware that your are OK to work in your current circumstances.
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Old Oct 27th 2005, 6:32 pm
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Default Re: Social Security Help

Originally Posted by nettlebed
The E and A in EAD stand for Employment and Authorisation. If it is current, then that grants you the right to work. When I had my first H-1B I worked for about two months without an SSN, and my employer didn't bat an eyelid. However, that was in 1989, and things may have changed since.

Is your prospective employer a large company? If so, they may be more aware that your are OK to work in your current circumstances.
I know i am authorised to work, and i know it is legal for me to do so as i have applied for my ssn, the company isn't a large one, but it does have it's own accountant and so forth. Hopefully it will be ok, i guess i just have to keep my fingers crossed. Thank you very much for you're help and input
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Old Oct 27th 2005, 7:35 pm
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Default Re: Social Security Help

Originally Posted by ladygwennie
I know i am authorised to work, and i know it is legal for me to do so as i have applied for my ssn, the company isn't a large one, but it does have it's own accountant and so forth. Hopefully it will be ok, i guess i just have to keep my fingers crossed. Thank you very much for you're help and input
Hi ladygwennie,

That's the same letter my husband got from SS when he had to wait for his verification. That's NOT the same letter people get when they apply for the SS card which says they have applied for SS. The letter you have might not be acceptable by the employer, because technically you have not yet applied for your SS card. Social Security Admin. has not accepted your application yet, and will not do so until they receive verification of your status from USCIS.

My feeling is that the letter you have is not the one an employer would be looking for in order to hire you. They want the one that says you have applied and will receive your SS.

But, you can try ... go for the interview and don't mention it unless asked. Then just explain your situation...hopefully they'll hire you, with the stipulation that you'll present your SS card in a few weeks time.

Best Wishes,
Rene
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Old Oct 27th 2005, 7:57 pm
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Default Re: Social Security Help

Originally Posted by Noorah101
Hi ladygwennie,

That's the same letter my husband got from SS when he had to wait for his verification. That's NOT the same letter people get when they apply for the SS card which says they have applied for SS. The letter you have might not be acceptable by the employer, because technically you have not yet applied for your SS card. Social Security Admin. has not accepted your application yet, and will not do so until they receive verification of your status from USCIS.

My feeling is that the letter you have is not the one an employer would be looking for in order to hire you. They want the one that says you have applied and will receive your SS.

But, you can try ... go for the interview and don't mention it unless asked. Then just explain your situation...hopefully they'll hire you, with the stipulation that you'll present your SS card in a few weeks time.

Best Wishes,
Rene

Thank you so very much Rene! yeah, i will explain the situation to them and see what happens, i figured the letter may not be enough, i know that from a legal stand point i can work, but i know it can be hassle for the employer, i just hope i wow them enough to overlook that LOL. Thank you again, im just keeping fingers double crossed lol.
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Old Oct 27th 2005, 9:06 pm
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Default Re: Social Security Help

Originally Posted by ladygwennie
Hi, as per my previous social security and EAD thread, i have not yet received my ss card and it looks like its going to be at least a couple of wks as the paperwork never got to where it was supposed to go for it to be verified, but hopefully it should be in the process now. I had not planned to look for work until i received my ss card, but today i have been offered an interview tomorrow for a position which i would really like. Very short notice and so totally unexpected. I know that i can legally work as i have applied for my ss number and i have the letter to show i applied, can anyone help me in what i should say during the interview about the issue, i would like this job and i think i would be pretty angry if i didn't get it because i dont have a ss number yet.
I would print this and have it to show the employer.

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.

The IRS is quite aware of the Social Security Administration's new 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 potentialÂ*delays in securing an SSN which these new proceduresÂ*may cause some aliens. Furthermore, in the situation in which an alien is work-authorized under the immigration law andÂ*has met the Social Security Administration's evidence requirements forÂ*an SSN, but who is
experiencing delays in securing an SSN caused by the SSA's new procedures, the IRS will not generallyÂ*issue an ITIN (Individual Taxpayer Identification Number) to such an alien.

With respect to IRS penalties related to the payer's failure to furnish a payee TIN on an information return and on a payee statement, the fact that the payer does not have a payee TIN to report solely because the SSA is delaying an issuance of an SSN, or cannot issue an SSN,Â*to a work-authorized alien because of its new procedures, will cause the IRS to be
quite favorable toward considering this situation one in which "reasonable cause" exists for not asserting such penalties. The payer should keep documentation to show that his failure to supply a payee TIN is caused solely by the SSA's new procedures for issuing SSN's to aliens.

The IRS cannot speak to the issue of potential penalties which could be imposed by other federal, state, or local agencies for the failure of an employer or payer to report a payee's TIN on any required documents, except to note that the filing of the immigration Form I-9 without an SSN does not constitute grounds, in and of itself, to reject the validity of the Form I-9. If an alien employee can prove his work-eligibility with documents listed on Form I-9 other than a U.S. social security card, then the alien's Form I-9, even though submitted without an SSN, is valid under the immigration law.
--------------------------------------------------------------------------
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.
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Old Oct 27th 2005, 9:21 pm
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Default Re: Social Security Help

Originally Posted by mdyoung
I would print this and have it to show the employer.

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.

The IRS is quite aware of the Social Security Administration's new 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 new 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 new procedures, the IRS will not generallyďż˝*issue an ITIN (Individual Taxpayer Identification Number) to such an alien.

With respect to IRS penalties related to the payer's failure to furnish a payee TIN on an information return and on a payee statement, the fact that the payer does not have a payee TIN to report solely because the SSA is delaying an issuance of an SSN, or cannot issue an SSN,ďż˝*to a work-authorized alien because of its new procedures, will cause the IRS to be
quite favorable toward considering this situation one in which "reasonable cause" exists for not asserting such penalties. The payer should keep documentation to show that his failure to supply a payee TIN is caused solely by the SSA's new procedures for issuing SSN's to aliens.

The IRS cannot speak to the issue of potential penalties which could be imposed by other federal, state, or local agencies for the failure of an employer or payer to report a payee's TIN on any required documents, except to note that the filing of the immigration Form I-9 without an SSN does not constitute grounds, in and of itself, to reject the validity of the Form I-9. If an alien employee can prove his work-eligibility with documents listed on Form I-9 other than a U.S. social security card, then the alien's Form I-9, even though submitted without an SSN, is valid under the immigration law.
--------------------------------------------------------------------------
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.

Thank you very much for the information. I will print all of it out, and show if my interview progresses that far. *keeps her fingers crossed*.
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Old Oct 27th 2005, 10:46 pm
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Default Re: Social Security Help

Originally Posted by ladygwennie
Thank you very much for the information. I will print all of it out, and show if my interview progresses that far. *keeps her fingers crossed*.
Take along the URLs as well, so they can check that you haven't just printed out something you made up
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