SSN Status Change Related to New LPR

[SoLongWaiting 3]

I was hoping someone here could clarify what I may need to do in my situation, if anything to avoid any issues related to working in the US after my move there.

 

I was previously in the US several years ago on a TN Visa, and therefore already have a Social Security Number. I received my spousal LPR and my wife and I are moving back to the US towards the end of this month (a couple of days before my temp Visa expires). 

 

My current employer (US based) will be moving me from the Canadian payroll to the US payroll after I land so that I can continue to work. What I was wondering is if I am able to work immediately using my existing SSN, before being able to update the status of being a permanent resident on my SSN? Are there any issues from the IRS or SSA, or anything anyone can think of that would need me to validate my LPR and change the status before we move? SSA office mentioned that they won't be able to update my permanent status until I receive the green card since my temp Visa will be close to expiry by the time I get there. Does this cause any issues with the IRS, or any other complexities I need to know about?

 

Appreciate any help you can provide, folks.

[JeanneAdil 6,498]

SS # is for life -never changes/ u can update the SS card to permanent resident with the spousal visa on passport

and when u are a citizen need to update it again 

and if spousal visa the visa will be stamped with I 551 at POE which acts as green card till yours comes

pay the immigrant fee before u move here which activates the production of the green card when u enter the country

Edited April 6, 2022 by JeanneAdil

[SoLongWaiting 3]

7 minutes ago, JeanneAdil said:

SS # is for life -never changes/ u can update the SS card to permanent resident with the spousal visa on passport

and when u are a citizen need to update it again 

and if spousal visa the visa will be stamped with I 551 at POE which acts as green card till yours comes

pay the immigrant fee before u move here which activates the production of the green card when u enter the country

SSA told me that I can't use the passport (spousal) visa because it'll be expired by then, though I explained that I'll get a stamp when I cross the border which validates it until my physical card arrives. The SSA person mentioned that wouldn't work for their needs, but really not sure why that would be the case.

 

I guess the question is if I can't get the status updated because of the temp visa expiry, is this going to pose any problems? SSA said from their standpoint if the employer has no problem with me working before the status update happens, then from the SSA perspective it's not a problem. Not sure if there are any IRS or other implications though.

 

Also, is this where I pay the immigration fee?

 

Thanks.

[Chancy 6,241]

11 hours ago, SoLongWaiting said:

What I was wondering is if I am able to work immediately using my existing SSN, before being able to update the status of being a permanent resident on my SSN?

 

Having SSN does not give you authorization to work, but your LPR status does (or will, in your case).  You will become an LPR the moment your passport with immigrant visa gets an entry stamp from CBP.  The SSA employee you talked to was clueless about SSA's own policy on MRIV + CBP admission stamp being an acceptable proof of LPR status for 1 year after US entry.  If you want to go to SSA again to get your record updated after becoming an LPR but prior to getting your plastic GC, bring a print-out of this page -- https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211025

 

Your SSN now will be your SSN for life.  You may continue to use it for work after you become an LPR.  Remember that the authority on your immigration status is USCIS, not SSA.  If USCIS records say you are an LPR, you are an LPR, regardless of what SSA records say.  As for the IRS, they won't care, as long as they get their cut from your pay.  IRS will have no problem at all with you continuing to use an SSN that was legitimately issued to you, regardless of your immigration status.

 

That said, I recommend that when you do become an LPR, get your SSN card replaced with an unrestricted one.  It just makes life easier in case you do need to present your SSN card.  Avoid the hassle of having HR or bank staff question your status.

 

[SoLongWaiting 3]

2 hours ago, Chancy said:

 

Having SSN does not give you authorization to work, but your LPR status does (or will, in your case).  You will become an LPR the moment your passport with immigrant visa gets an entry stamp from CBP.  The SSA employee you talked to was clueless about SSA's own policy on MRIV + CBP admission stamp being an acceptable proof of LPR status for 1 year after US entry.  If you want to go to SSA again to get your record updated after becoming an LPR but prior to getting your plastic GC, bring a print-out of this page -- https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211025

 

Your SSN now will be your SSN for life.  You may continue to use it for work after you become an LPR.  Remember that the authority on your immigration status is USCIS, not SSA.  If USCIS records say you are an LPR, you are an LPR, regardless of what SSA records say.  As for the IRS, they won't care, as long as they get their cut from your pay.  IRS will have no problem at all with you continuing to use an SSN that was legitimately issued to you, regardless of your immigration status.

 

That said, I recommend that when you do become an LPR, get your SSN card replaced with an unrestricted one.  It just makes life easier in case you do need to present your SSN card.  Avoid the hassle of having HR or bank staff question your status.

 

Appreciate all the info; good to know that I can work immediately once my LPR is validated/stamped upon entry. 

 

Related to updating the status of my SSN, does that by any chance automatically happen if I selected Yes to issuing a new card to me on the DS-260 form; or is it still a manual process that I need to take care of? 

 

Thanks for all the tips too! Guess I should pay my immigration fee now. 

[Chancy 6,241]

1 minute ago, SoLongWaiting said:

Related to updating the status of my SSN, does that by any chance automatically happen if I selected Yes to issuing a new card to me on the DS-260 form; or is it still a manual process that I need to take care of? 

 

It should be automatic, but some new immigrants do not get their SSN card despite selecting the option on their DS-260.  I suggest waiting for 1 month after US entry with the immigrant visa.  If you do not get the replacement card by then, book an appointment at the local SSA office.  Remember that as a non-USC, you are entitled to an in-person appointment, as SSA policy states that you should not submit your original immigration documents via mail or dropbox.

 

[SoLongWaiting 3]

Thanks again @Chancy, you've been a wealth of helpful knowledge.