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Filed: IR-1/CR-1 Visa Country: Belgium
Timeline
Posted

My EAD was approved early december and since I never received it, USCIS concluded it was lost in the mail. Since it never came back to them they require me to refile I-765. This to request a replacement of a lost card.

I've done this, and I'm waiting for my new EAD (I also have an AOS interview at the end of February).

Meanwhile I've come across the job opportunity of a lifetime. I basically have the job, and I've told them I'm allowed to work (since my EAD is approved). But they need a SS nr. for my file.

Any thoughts on this? Am I really allowed to work? Can I request a SS based on the letter that USCIS sent me that states that my card is lost in the mail?

I've originally filed early August and after numerous problems I've finally gotten this far. Now it looks like I might not get this job because the postal services lost my card!

Filed: Citizen (apr) Country: Germany
Timeline
Posted

Same thing happened to a friend of mine, her EAD was lost twice in the mail.

In her case she couldn't accept employment until she had the actual proof - the EAD card - in hand. That's what they told her.

When you accept a job in the US you have to fill in and sign a form, giving info on your status, the A# etc. and the employer has to sign it too, stating that you showed actual proof of work authorization within 3 days of signing the contract. I believe that is the problem in your case. They do have an extra thing on this form though, that's saying: "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."

Maybe that could help you out... I assume this is referring to if you are already work authorized but need a replacement document because yours wast lost in the mail, but technically you are legally eligible to work.

With the SSN in your case, if you don't have one yet, you won't get one without showing the EAD (or the Greencard) to the social security office. Unfortunately there is no way around that.

View my Timeline

R.I.P. Diana

1982 - 2008

Filed: AOS (apr) Country: Germany
Timeline
Posted
With the SSN in your case, if you don't have one yet, you won't get one without showing the EAD (or the Greencard) to the social security office. Unfortunately there is no way around that.

not sure about that. Depending on the visa you used to come to the states you might get one. I came on a K-1 and got the SSN without any problems (a conditional one though saying I need additional documentation = the EAD in order to work). I would just go to the SS office and try.

I-129F Timeline

2007-01-13 I-129F sent to CSC

2007-08-17 interview - approved!

-------------------

AOS Timeline

2007-10-17 filed for AOS and EAD

2007-10-25 NOA1 for both applications

2007-11-19 RFE for AOS

2007-12-11 received letter with AOS interview date (Feb 2008) but none for biometrics appointment

2007-12-28 EAD touched

2008-01-07 Infopass: EAD approved on 12/28, status online not updated, received biometrics appointment

2008-01-26 Biometrics appointment

2008-01-28 EAD Card Production ordered, AOS and EAD touched

2008-01-30 EAD Card Production ordered again

2008-02-20 AOS Interview, verbally approved

2008-02-28 approval notice per mail.

Filed: Citizen (apr) Country: Germany
Timeline
Posted
With the SSN in your case, if you don't have one yet, you won't get one without showing the EAD (or the Greencard) to the social security office. Unfortunately there is no way around that.

not sure about that. Depending on the visa you used to come to the states you might get one. I came on a K-1 and got the SSN without any problems (a conditional one though saying I need additional documentation = the EAD in order to work). I would just go to the SS office and try.

With a K1 you can obtain a SSN when you go to the social security office up to 2 weeks before the I-94 in your passport expires. After that you are in "limbo", referring to your status, and will not be able to obtain a SSN without proof of status, meaning you need EAD or the Greencard for that.

Since fredvg had the EAD approved in Dec. I assume the I-94 ain't valid anymore so obtaining a SSN with it won't be possible. An official USCIS document is needed.

View my Timeline

R.I.P. Diana

1982 - 2008

Filed: IR-1/CR-1 Visa Country: Belgium
Timeline
Posted
With the SSN in your case, if you don't have one yet, you won't get one without showing the EAD (or the Greencard) to the social security office. Unfortunately there is no way around that.

not sure about that. Depending on the visa you used to come to the states you might get one. I came on a K-1 and got the SSN without any problems (a conditional one though saying I need additional documentation = the EAD in order to work). I would just go to the SS office and try.

With a K1 you can obtain a SSN when you go to the social security office up to 2 weeks before the I-94 in your passport expires. After that you are in "limbo", referring to your status, and will not be able to obtain a SSN without proof of status, meaning you need EAD or the Greencard for that.

Since fredvg had the EAD approved in Dec. I assume the I-94 ain't valid anymore so obtaining a SSN with it won't be possible. An official USCIS document is needed.

Thanks for these replies!

I was afraid that this would be the case, and I called USCIS (again) and they told me that I can't get a SSN until I either receive the replacement EAD or the AOS gets approved. Either way it looks like I can have my SSN at the earliest some time in March. I'll just have to try and work something out with this potential employer. Maybe they can wait for me to have my SSN or I can do an internship until then...

It's frustrating to have this be in the hands of the Postal Services though... After several complaints I still get mail in my box that's clearly addressed to my neighboors and I'm sure the same happens to mail that's supposed to come to me.

Thanks again for the answers to my question. It's really a big support to know that there's a whole community out there of people in the same boat that are willing to share their experiences and advice.

Filed: Citizen (apr) Country: Germany
Timeline
Posted
Thanks for these replies!

I was afraid that this would be the case, and I called USCIS (again) and they told me that I can't get a SSN until I either receive the replacement EAD or the AOS gets approved. Either way it looks like I can have my SSN at the earliest some time in March. I'll just have to try and work something out with this potential employer. Maybe they can wait for me to have my SSN or I can do an internship until then...

It's frustrating to have this be in the hands of the Postal Services though... After several complaints I still get mail in my box that's clearly addressed to my neighboors and I'm sure the same happens to mail that's supposed to come to me.

Thanks again for the answers to my question. It's really a big support to know that there's a whole community out there of people in the same boat that are willing to share their experiences and advice.

Yes, I know it's an unfortunate situation.

One more thing: My friend, who's EAD got lost in the mail twice, worked without SSN for 7 or 8 weeks. She worked without pay/volunteered while she was waiting for the replacement card and as soon as she got it, she went to the social security office. They didn't issue a SSN right away because they waited for a system update but gave her a letter, stating that she applied and with that the employer hired her right away and simply added the info on her SSN 8 weeks later when she finally got it.

Good luck to you, hope you can work it out with this job/employer!

View my Timeline

R.I.P. Diana

1982 - 2008

 
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