i have ssn # and ead is in card production? can I work, legally?

[greenslippers 0]

I already have a social security number (card says not valid for employment) and recently received the online notification that my card is in production (7/13, ead touched 7/16). I have a job offer (which I was supposed to begin 2 weeks ago), I explained the situation to them and they said they'd give me till aug 1. I haven't received my approval letter or anything official apart from the online notification. Now my question is, is it legal for them to hire me now even though I don't have the card in my hand yet? Also, will i have to get a new SSN or will I just need a new ssn card? anyone have any advice on how to proceed.

Edited July 18, 2007 by greenslippers

[YuAndDan 153]

You can search around for jobs, perhaps interview, but the employer is obligated to SEE the card to complete the requirements of the I-9

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[YuAndDan 153]

When you do get green card, you can apply for a SS Card without the "DHS Authorization" Disclaimer, same number, once a person has a SSN they keep the same number for life.

Anytime a person's immigration status changes they need to inform SSA, Non-Immigrant --> LPR and LPR --> Citizen, also name changes.

[Dr_LHA 3]

You can search around for jobs, perhaps interview, but the employer is obligated to SEE the card to complete the requirements of the I-9

Wrong. The employer is only obligated to see the card within 90 days of the person starting employment, if the card is approved then it should be in the employee's possesion by the end of that 90 day period. If you have an approved EAD you can start work now.

That said, most employers will not employ you without solid proof you are Employment Authorized, the most obvious proof is the card, so the fact that you are legally allowed to work might be a moot point.

[JGK 0]

I couldn't work legally without my EAD card - I also have a SS card with the same specification but I also needed the EAD. The funny part is that I received my GC before my EAD - so I don't need my EAD anymore!

[Dr_LHA 3]

I couldn't work legally without my EAD card.

Was your EAD even approved?

If it was then you could have legally worked.

[celikkanat 0]

You can search around for jobs, perhaps interview, but the employer is obligated to SEE the card to complete the requirements of the I-9

Wrong. The employer is only obligated to see the card within 90 days of the person starting employment, if the card is approved then it should be in the employee's possesion by the end of that 90 day period. If you have an approved EAD you can start work now.

That said, most employers will not employ you without solid proof you are Employment Authorized, the most obvious proof is the card, so the fact that you are legally allowed to work might be a moot point.

Dr_LHA,

Can you please tell me where it says "The employer is only obligated to see the card within 90 days of the person starting employment"?

I may need that information in near future.

I am an H1-B holder, and just found an academic job in a college recently, but I havent received the paperwork yet. Starting date is August 28.

I am going to have an GC interview on August 27, and my 90- day mark for EAD is September 2 (NOA-1 is June 4), and I am hoping that it will be approved before that time and I receive the card.

If I dont get it before job starting date, but if it is approved, I can show the information you mentioned to HR people, and hopefully they will understand.

Who knows, I may not need any of these; maybe they stamp my passport in the interview or I can receive EAD. I am just preparing for the worst case scenario.

Thanks for your help as always.

Kaan

Edited July 21, 2007 by celikkanat

[celikkanat 0]

You can search around for jobs, perhaps interview, but the employer is obligated to SEE the card to complete the requirements of the I-9

Wrong. The employer is only obligated to see the card within 90 days of the person starting employment, if the card is approved then it should be in the employee's possesion by the end of that 90 day period. If you have an approved EAD you can start work now.

That said, most employers will not employ you without solid proof you are Employment Authorized, the most obvious proof is the card, so the fact that you are legally allowed to work might be a moot point.

Dr_LHA,

Can you please tell me where it says "The employer is only obligated to see the card within 90 days of the person starting employment"?

I may need that information in near future.

I am an H1-B holder, and just found an academic job in a college recently, but I havent received the paperwork yet. Starting date is August 28.

I am going to have an GC interview on August 27, and my 90- day mark for EAD is September 2 (NOA-1 is June 4), and I am hoping that it will be approved before that time and I receive the card.

If I dont get it before job starting date, but if it is approved, I can show the information you mentioned to HR people, and hopefully they will understand.

Who knows, I may not need any of these; maybe they stamp my passport in the interview or I can receive EAD. I am just preparing for the worst case scenario.

Thanks for your help as always.

Kaan

I have found it, it is mentioned on I-9.

Thanks.

Kaan

[Dr_LHA 3]

Just to clarify this celinkat, the 90 day "grace period" is only good if your EAD has actually been approved. If your EAD or your GC hasn't been approved then you can't work I'm afraid.

[sunandmoon 450]

You can search around for jobs, perhaps interview, but the employer is obligated to SEE the card to complete the requirements of the I-9

Wrong. The employer is only obligated to see the card within 90 days of the person starting employment, if the card is approved then it should be in the employee's possesion by the end of that 90 day period. If you have an approved EAD you can start work now.

That said, most employers will not employ you without solid proof you are Employment Authorized, the most obvious proof is the card, so the fact that you are legally allowed to work might be a moot point.

depends on whether employer will accept email as receipt notice for the EAD card. my employer prefers to see document in hand before someone actually starts working.

[Dr_LHA 3]

Yes, as it comes down to a lot with employment authorization, being employment authorized and actually being able to work are two different things.

I can say however that savvy employers will employ before the EAD arrives. My employers for example allowed me to sign an I-9 based on me giving them the NOA1 for my EAD, and them looking online and seeing it was approved. That said, I doubt many employers would be that savvy.

[sunandmoon 450]

Yes, as it comes down to a lot with employment authorization, being employment authorized and actually being able to work are two different things.

I can say however that savvy employers will employ before the EAD arrives. My employers for example allowed me to sign an I-9 based on me giving them the NOA1 for my EAD, and them looking online and seeing it was approved. That said, I doubt many employers would be that savvy.

or don't want to go to the trouble like mine.

[celikkanat 0]

Just to clarify this celinkat, the 90 day "grace period" is only good if your EAD has actually been approved. If your EAD or your GC hasn't been approved then you can't work I'm afraid.

Thank you Dr_LHA.

I understand that my EAD or GC has to be approved. I was happy to know 90-day grace period because it varies the time that your receive the card, and now I will not worry too much about when to receive the card.

I appreciate your help.

Kaan

[Nicodemus 0]

Hi everyone -

I am looking through the I-9 document on this website:

http://www.uscis.gov/files/article/EIB102.pdf

and can't find the 90-day rule where the card does not need to be in hand. Could someone let me know where it is? I spoke to immigration and they said that the card was in production. Unfortunately I never got the e-mail, but I wanted to get this in front of my employer and conference them into a call with me and customer service in which they state the card is under production. Anyone have any other ideas to get a written copy that states I am approved, it isn't updated on the website unfortunately even though they said it was under production since last week.

Thanks everyone,

Just to clarify this celinkat, the 90 day "grace period" is only good if your EAD has actually been approved. If your EAD or your GC hasn't been approved then you can't work I'm afraid.

Thank you Dr_LHA.

I understand that my EAD or GC has to be approved. I was happy to know 90-day grace period because it varies the time that your receive the card, and now I will not worry too much about when to receive the card.

I appreciate your help.

Kaan

[cellarlily 0]

My husband's company allowed him to start working based on approved EAD, but will not pay him until he has the card in hand. It seems hypocritical to me especially since we've had an extra-long wait for it, but at least he'll be paid a huge chunk all at once.

Not sure on the legalities, but at this point I don't even care. If that's how they want to do it, so be it. Hopefully he'll have it within the next week...