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Got the SSN after 2 months,Does it mean that I am out of status for that 2 months?

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  • Got the SSN after 2 months,Does it mean that I am out of status for that 2 months?

    Thanks for every one for your answers, I guess most of us have waited to get the SSN (1 to 2 months), Please read below and let me know your ideas,

    When I arrived to U.S, I got the S.S.N after 2 months.Then immediately opened the Bank account and started working. During that 2 months + 15 days(1st pay period) I was not having pay stubs,

    Is that mean that I am out of status?
    How do we defend this situation while H1B renewal in India?



    Thanks,

  • #2
    That is correct. You must work and get paid all the time. SSN has nothing to do with working. You only need to apply for SSN before starting work.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks for your quick response.
      As per my understanding (may be wrong)
      1. If we want to work any company we need to provide SSN number for Tax purpose, Is this wrong idea? (At least it stopped me )
      2. Also we need to provide the void cancelled bank cheque (at least bank routing number and account number) to the company to credit the salary to account. For this reason, we need to open the bank account.No banks let the account open with out SSN number for H1B's (may be possible for H4). Am I wrong?


      If both quetions are reasonable then How can we work from day one in the U.S?

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      • #4
        Originally posted by nsreddy View Post
        Thanks for your quick response.
        As per my understanding (may be wrong)
        1. If we want to work any company we need to provide SSN number for Tax purpose, Is this wrong idea? (At least it stopped me )

          If you provide proof that you have applied for SSN, (application receipt) then companies are required to let you work and even pay you. Good payroll systems can handle 'applied for' cases.
        2. Also we need to provide the void cancelled bank cheque (at least bank routing number and account number) to the company to credit the salary to account. For this reason, we need to open the bank account.No banks let the account open with out SSN number for H1B's (may be possible for H4). Am I wrong?


        a. You can open bank account without SSN. I have done it.
        b. Companies can pay you without direct deposit via a paper check.

        If both quetions are reasonable then How can we work from day one in the U.S?
        Unfortunately none of your defenses are valid and USCIS does not accept them. You may want to consult an experienced attorney over this matter.
        Last edited by kabkaba; 02-24-2011, 04:16 PM.
        This is my opinion and not legal advice.

        Comment


        • #5
          Probably your employer might not have generated pay slips until you received your SSN. But they should have paid you once you received the SSN. Ultimately your LCA should match your year to date pay. If this was done, then you are good. Not having an SSN is not a valid reason for being out of status.
          Not a legal advice. Use of this information is strictly at your own risk.

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