SSN not received - more than 5 months

[royk 0]

I have applied for SSN in August 2021, received a letter that they cannot issue me a SSN as I have not submitted my I 94 (I did submit I94). Upon calling the SSN office, the person told me to fax the document and told now it is pending with DHS, once they approve we will issue SSN. I have been calling them every week but they told pending with DHS (they are not able to verify the SEVIS ID). When I check the SAVE case it is showing the case is submitted but the local SSA office says they have not received anything it is still pending with DHS. I applied for SSN again in November 2021 but the same issue. I have received my EAD card in October 2021 and the start date is 24 Jan 2022 but the SSA office is saying I cant apply SSN with EAD card till 24 Jan 2022 (which is weird as many people apply SSN with EAD but since my application was in the process in August I did not apply with EAD). Now If I don't receive my SSN I cannot start the job also. Its been so long. Anyone with the same situation and if yes what can I do?

[JKLSemicolon 410]

Here is my understanding, hopefully more knowledgeable members can also weigh in:

 

The EAD is on list A of the I-9 acceptable documents, meaning that an employer can accept it as a stand-alone document upon hire. Regardless, an SSN is going to be needed for payroll, etc., but if you talk to the employer they should have some sort of grace period (e.g. 90 days) after starting during which you can provide the SSN if you don't have it initially.

 

If you apply for the SSN (after January 24 if that is what the local office is saying), you can also provide that documentation to the employer and then once the actual card is received, have the employer update their records.

[royk 0]

@JKLSemicolon Thank you for your reply. So my employer is saying they need to so background verification and without SSN they cannot do that. I know that is weird.

 

[JKLSemicolon 410]

38 minutes ago, royk said:

@JKLSemicolon Thank you for your reply. So my employer is saying they need to so background verification and without SSN they cannot do that. I know that is weird.

 

If that's the case you may need to wait until the SSN is issued, since depending on the background check provider this may indeed be a requirement.

 

Here's a resource (not from your state) that goes into more detail around this type of situation for employers. While it is possible for them to hire someone who does not yet have a SSN, reading the bottom of the page it appears that the employer is within their rights to refuse to hire an applicant who does not provide one:

 

https://www.twc.texas.gov/news/efte/employees_without_ssns.html

 

But you would probably want to look into this more in your own state and others here may have more information as well.

[royk 0]

20 hours ago, JKLSemicolon said:

If that's the case you may need to wait until the SSN is issued, since depending on the background check provider this may indeed be a requirement.

 

Here's a resource (not from your state) that goes into more detail around this type of situation for employers. While it is possible for them to hire someone who does not yet have a SSN, reading the bottom of the page it appears that the employer is within their rights to refuse to hire an applicant who does not provide one:

 

https://www.twc.texas.gov/news/efte/employees_without_ssns.html

 

But you would probably want to look into this more in your own state and others here may have more information as well.

@JKLSemicolon Yes will do that. Thank you