H4 to H1b -- Yet to get SSN

[NYWarrior]

Dear Attorney's

First came to US on H4, then applied h1 and it has been approved in August'16 ( 797 has I-94). due to family reasons i had to travel to india in sep'16 and came back in 2 weeks ( sep'16) on h4.

In October i have applied SSN with approved h1. it's been 8 weeks i haven't received SSN and when i call SSN office they are saying it pending at immigration. not sure how much time it takes.

1) How do we need If i status changes to h1b from October. when i checked online i-94. it always showing my last entry on h4.

pls suggest what i can do here..   

 

 

[shekar11#]

Online record only shows your entry record. Why did you not go for stamping with approved H-1 copy when you went in September. Looks like you are in a tricky situation now. Contact an attorney ASAP.

[NYWarrior]

On 12/22/2016 at 1:59 PM, NYWarrior said:

Dear Attorney's

First came to US on H4, then applied h1 and it has been approved in August'16 ( 797 has I-94). due to family reasons i had to travel to india in sep'16 and came back in 2 weeks ( sep'16) on h4.

In October i have applied SSN with approved h1. it's been 8 weeks i haven't received SSN and when i call SSN office they are saying it pending at immigration. not sure how much time it takes.

1) How do we need If i status changes to h1b from October. when i checked online i-94. it always showing my last entry on h4.

pls suggest what i can do here..   

 

 

This is happening due to SSA Office couldn't find immigration record ( h1b ).  They have opened USCIS Save Case and It has been pending more than two months.

1) How to identity/check what status currently we are in? ( H4 or H1b )

2) How to follow up SAVE Case issues?

I came to know people are facing similar issues due to missing/incorrect immigration records in SAVE database when they apply for Driver licence renewal..

Please help me what i can do in this scenario.

Thanks In advance.

 

[JoeF]

Are you working for the employer that filed the H1?

In H1 status, you have to get paid by the employer. Not having the SSN yet is not an excuse. Modern payroll systems can handle such situations. There are special codes for SSN pending.

 

[NYWarrior]

On 12/29/2016 at 5:36 PM, JoeF said:

Are you working for the employer that filed the H1?

In H1 status, you have to get paid by the employer. Not having the SSN yet is not an excuse. Modern payroll systems can handle such situations. There are special codes for SSN pending.

 

Yes, Working on project. he hasn't been paying due to this SSN issue. he told me, he will pay retrospectively once i get SSN. is that possible?

i will follow up with him.

[JoeF]

You ABSOLUTELY need to get paid, even if you don't have the SSN yet.

The SSA has this info for employers: https://www.ssa.gov/employer/hiring.htm