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Social Security Loophole

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  • Social Security Loophole

    Does anybody know of a way to work legally without a SS #? Or at least a temporary solution to do so until the number arrives in about a month or so? I am a leagl alien under H1b and now stuck with no job for 30 days until the SS # arrives. I do have an IRS ITIN but I don't that will help much.

    And not only for work, I need a temp solution for a number of things such as my driver's license and getting leases on cars and stuff. I do have some funds but I'm uncertain if it will last the 30 days and I need to pay rent and utilities next month.

  • #2
    Does anybody know of a way to work legally without a SS #? Or at least a temporary solution to do so until the number arrives in about a month or so? I am a leagl alien under H1b and now stuck with no job for 30 days until the SS # arrives. I do have an IRS ITIN but I don't that will help much.

    And not only for work, I need a temp solution for a number of things such as my driver's license and getting leases on cars and stuff. I do have some funds but I'm uncertain if it will last the 30 days and I need to pay rent and utilities next month.

    Comment


    • #3
      The law says that you can start working as long as you can show proof that you applied for the number. Your employer should note this on the I-9 and update it when your SSN arrives.

      myronmorales@hotmail.com

      Comment


      • #4
        Quoting Mr. Morales:

        "as long as you can show proof that you applied for the number"

        Quoting Form I-9:

        "If employee's 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."

        Finally! The RIGHT answer, as I interpreted it when I asked the same question last year.

        Thank you so much, Mr. Morales.

        ----------

        Also, per the Anti-Discrimination Notice at the top of the I-9 form:

        "Employers CANNOT specify which document(s) they will accept from an employee."

        Remember, the company that wouldn't let my hubby work without seeing the actual Social Security Card? That was at least two weeks of lost pay he could have legally earned.
        Formerly Josephine Schmo

        Comment


        • #5
          I know they have to let you work,showing the application for SS card, but I'm not sure what they'd do about paying you since they'd have to use some number for SS number. Can the local office look in the system and get your number even though it will take a while for card? Can the company not use your TIN?

          Comment


          • #6
            The hospital as no qualms about letting me work. It is the corporate and the HR guys who are saying no. They told me thet their system wouldn't accept an ITIN. The SS guys told me that they need the 30 days to clear it with immigration before they could even give me a reciept that I have applied for a scoial security #. The director told me that before the hospital went corporate they did pay some employees without SS # and only later did they input the numbers on the database but eversince they went corporate they ave been operating mostly by the book.

            Things are looking bleak for me, thankfully I have some realy good friends here who are willing to go out of their way to help.

            I'll post updates on my situation, hopefully it will be helpful to someone else out there having the same troubles as I.

            Comment


            • #7
              Is that even legal? To prevent you from working if you have the necessary items to satisfy the I-9?

              Comment


              • #8
                Unfortunately, yes. Since I don't have any proof whatsoever that I have even applied for a SS #. The law was passed without much forethought or a contigency to handle cases such as I. The SS guys even said so that several students at a local college were having the same troubles and like me were left high and dry.

                Comment


                • #9
                  Defiler606,

                  I refer you to the following PDF file on the USCIS web site:

                  http://uscis.gov/graphics/services/e...EIB102rdln.pdf

                  Please note the box on Page 4 in reference to Section 1 of the I-9 where it states:

                  "NOTE: An employee may not be able to provide a social security number if the Social Security administration has not yet issued the individual a social security card.6 This information block is optional. Therefore, an employer cannot require an employee to complete it."

                  Comment


                  • #10
                    Ok I read it. I don't think it is a question of whether they want me or not. I have already signed the contract. It is the payroll that is the problem. The database won't take me in without a SS #. So I can't be paid until I get the #.

                    Comment


                    • #11
                      That's the thing their **** program was designed not to accept dummy numbers. The corporate guys wuldn't want to tmaper with the system by inputing a tracking number which will later be replaced by the real number. Oh well. I gave up so I'm just gonna wait till November for the stupid #.

                      Comment

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