Employment Authorization Problem

[jeffandmariya 0]

I'm in the process of AOS and I got my Employment Authorization Card in March. Since May I got a job and everything was ok. This week I got another job and today my employer told me that she checked thru the uscis system and it came up that I'm not legal to work in the U.S. She gave me a piece of paper that explains the possible reasons for that but I forgot it in the office.

On my SSC I have my maiden name. Could it be the reason? My previous employer said that it is not a problem tough bc the SSN is going to be the same even on my new SSC.

I just called USCIS and they were unhelpful (nicely said) and they told me that I'mlegal to work in the U.S.

I'm really stressed now because this job is really important to me and don't know what to do. I need to get that figured out as soon as possible bc I already started the job. I will appreciate any advices and experience that you guys share.

[amykathleen2005 441]

I have not heard of USCIS having a system to show employers you are eligible to work. That is the whole purpose of the card, to prove that you are legal to work. If you have the EAD card then you are legal to work, unless somehow your AOS has been denied. But you should know if it was. I think your employer is probably looking at Social Security and your card would show only eligible to work with permission. The EAD is your permission.

[jeffandmariya 0]

Yes, I know and I didn't have a problem before. My AOS is not denied, I just called them and my card actually says "Valid for work only with DHS authorization". What is a DHS?

And they have a procedure to check thru USCIS. Look it up http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=75bce2e261405110VgnVCM1000004718190aRCRD&vgnextchannel=75bce2e261405110VgnVCM1000004718190aRCRD

[Anh map 2,098]

Department of Homeland Security

Edited July 13, 2012 by Anh map

[Moomin 292]

Your EAD is in maiden name, so is your SSN?

I'm guessing the print out was along the lines of this:

"In some cases, the information from an employee's Form I-9 does not match government records and E-Verify will display a temporary case status that may require additional action. In these cases, E-Verify will return a response called a "Tentative Nonconfirmation (TNC)." A TNC response means that the Social Security Administration (SSA) and/or the U.S. Department of Homeland Security (DHS) could not confirm that the employee's information matches government records. It does not mean an employee is unauthorized to work or is an illegal immigrant as there are legitimate reasons why an employee may receive this result.

There are several types of TNCs, and the type displayed in E-Verify depends on which government agency is involved and the cause for the mismatch:

SSA Tentative Nonconfirmation: This response indicates that the employee's information could not be verified by SSA. The employee must be notified of the TNC response and referred to SSA.

DHS Tentative Nonconfirmation: There are two types of "DHS TNCs." The first type means that DHS was unable to verify employment eligibility and the employee is instructed to call DHS to find out how to resolve the discrepancy.

The second type is caused by a photographic mismatch, meaning the employer indicated that the photograph displayed by E-Verify did not match the photograph on the employee's document. If the employee contests this type of TNC, the employer must either scan and upload an image of the document or send a copy of the document via express mail at the employer's expense."

(http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=8fdbfb41c8596210VgnVCM100000b92ca60aRCRD&vgnextchannel=8fdbfb41c8596210VgnVCM100000b92ca60aRCRD)

There's some more suggestions on http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ffbdecc1b0418310VgnVCM100000082ca60aRCRD&vgnextchannel=ffbdecc1b0418310VgnVCM100000082ca60aRCRD

Edited July 13, 2012 by moomin

[Moomin 292]

...I'm only asking because one of the things you can't possibly know is the one suggestion "Your name, A-number, and/or I-94 number was recorded incorrectly in DHS records". That happened to me - my last name was mispelled when they entered it into their database and they advised me to always check and double check anything in my name. Have you tried doing the self-check on E-verify and see what comes up?

Edited July 13, 2012 by moomin

[BobCray 5]

I have not heard of USCIS having a system to show employers you are eligible to work.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=75bce2e261405110VgnVCM1000004718190aRCRD&vgnextchannel=75bce2e261405110VgnVCM1000004718190aRCRD

[Lornaevo 48]

E-Verify!

[Malagasy 4]

You may want to utilize the Self Check e-Verify on the USCIS site to see what comes back using your information.

In the Search field just enter Self Check and then you can check your employment eligibility.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2ec07cd67450d210VgnVCM100000082ca60aRCRD&vgnextchannel=2ec07cd67450d210VgnVCM100000082ca60aRCRD

[jeffandmariya 0]

Thank you guys for the responses!

As moomin guessed the problem was that my name didn't match my SSN bc I have my maiden name on the SSC and my married name on my Employment authorization card. I know that it doesn't mean that I'm not legal but there are not too many foreigners around and they probably never had to go thru something like that.

I went to the SSO yesterday and took my marriage license there so I will have my new SSC in a month. But they are still worried and don't know what to do.

I called DHS and they told me that I am legal to work and if I get my hours cut or get fired I can call them back. But

I don't want to get the company in trouble. It is going to be hell to work there after that anyway + I have a family member who works for them and I don't want to cause her trouble either.

I just hate all the sh** that I have to go thru just because I'm not American. Instead of thinking how to do good on my new job I have to stress over a stupid number and feel like a criminal. I never done something illegal. Sometimes I just want to leave.

[Moomin 292]

Take a deep breath and contact your job again to explain the situation with maiden vs. married name and that you are eligible to work but your last name is being updated so SSN will match EAD. You're still eligible to work, it just takes a bit longer to verify that you are.

I am sorry you're stressing over this. Luckily it's an issue that won't happen again, and was an easy fix. It's not easy starting out. Hopefully you'll be back on your feet and proving at your work that it was worth the wait.

Thank you guys for the responses!

As moomin guessed the problem was that my name didn't match my SSN bc I have my maiden name on the SSC and my married name on my Employment authorization card. I know that it doesn't mean that I'm not legal but there are not too many foreigners around and they probably never had to go thru something like that.

I went to the SSO yesterday and took my marriage license there so I will have my new SSC in a month. But they are still worried and don't know what to do.

I called DHS and they told me that I am legal to work and if I get my hours cut or get fired I can call them back. But

I don't want to get the company in trouble. It is going to be hell to work there after that anyway + I have a family member who works for them and I don't want to cause her trouble either.

I just hate all the sh** that I have to go thru just because I'm not American. Instead of thinking how to do good on my new job I have to stress over a stupid number and feel like a criminal. I never done something illegal. Sometimes I just want to leave.

[VanessaTony 3,567]

Thank you guys for the responses!

As moomin guessed the problem was that my name didn't match my SSN bc I have my maiden name on the SSC and my married name on my Employment authorization card. I know that it doesn't mean that I'm not legal but there are not too many foreigners around and they probably never had to go thru something like that.

I went to the SSO yesterday and took my marriage license there so I will have my new SSC in a month. But they are still worried and don't know what to do.

I called DHS and they told me that I am legal to work and if I get my hours cut or get fired I can call them back. But

I don't want to get the company in trouble. It is going to be hell to work there after that anyway + I have a family member who works for them and I don't want to cause her trouble either.

I just hate all the sh** that I have to go thru just because I'm not American. Instead of thinking how to do good on my new job I have to stress over a stupid number and feel like a criminal. I never done something illegal. Sometimes I just want to leave.

You've been to the SSA to get your SSN name change. You DO NOT need to wait for the actual card. You should have received verification that you'd applied for an update. I would suggest to your employer that the run e-verify again in a week to give the SSA time to update your name (though I believe it should be quicker than that).

[Arinlars 19]

I know this post is 1 year old but I have the same problem. I updated my SSN info (my name) after I got the job and handed over my job info, in fact we went right after to change my name and they called me from my new job and said my SSN info (name) doesn't match my married name. Sigh.. now I have to go again in the ssn office and hand them over a document from work.