Apply for SSN before October 1st

[pt279]

Hello,

 

I am on H4 visa currently. My employer had applied for a fresh H1 this April and fortunately I have been picked. I am still waiting for a decision from USCIS. My question is- Can I apply for SSN once I get my approval notice or I have to wait until October 1st (when H1B becomes valid)?

 

Thank you for your help in advance!

[jairichi]

Once your H1B becomes valid i.e. Oct 1st.

[livliv]

You may apply after you get the approval notice.

 

Even if  that is not so, it should not stop you from starting work on Oct 1. SSN is not necessary to start working. But not working will make you out of status.

[JoeF]

You can apply for an SSN when you are in a status that allows to get an SSN, i.e., when your H1 becomes active on Oct. 1. You can NOT apply any earlier.

The employer has to pay you, even if you don't have the SSN yet. Modern payroll systems can handle that situation.

[JoeF]

You may apply after you get the approval notice.

 

Sorry, no. The OP can only apply for an SSN from Oct. 1 on, when the H1 becomes active.

[pt279]

Thank you for your replies!

 

I am a Physical Therapist by profession and in order to apply for my license, I need SSN. If I am able to apply for SSN only after October 1st, how can I start working from then? What happens to my status if I cannot work (won't have a valid license) from Oct 1? I have tried finding answers but haven't found a satisfactory one. Please advise.

[jairichi]

Thank you for your replies!

 

I am a Physical Therapist by profession and in order to apply for my license, I need SSN. If I am able to apply for SSN only after October 1st, how can I start working from then? What happens to my status if I cannot work (won't have a valid license) from Oct 1? I have tried finding answers but haven't found a satisfactory one. Please advise.

Approach a SSN office after Oct 1st. You will get it within less than 2 to 3 weeks. You have 60 days to report to employer from Oct 1st.

[livliv]

Sorry, no. The OP can only apply for an SSN from Oct. 1 on, when the H1 becomes active.

 

There is no harm in going to the SSA office and applying. They will at the most reject it.

[JoeF]

Your employer has to pay you, even if you don't have the required license yet. That's the law.

20 CFR 655.731:

"(7) Wage obligation(s) for H-1B nonimmigrant in nonproductive status—

(i) Circumstances where wages must be paid. If the H-1B nonimmigrant is not performing work and is in a nonproductive status due to a decision by the employer (e.g., because of lack of assigned work), lack of a permit or license, or any other reason except as specified in paragraph ©(7)(ii) of this section, the employer is required to pay the salaried employee the full pro-rata amount due, or to pay the hourly-wage employee for a full-time week (40 hours or such other number of hours as the employer can demonstrate to be full-time employment for hourly employees, or the full amount of the weekly salary for salaried employees) at the required wage for the occupation listed on the LCA."

[pt279]

Your employer has to pay you, even if you don't have the required license yet. That's the law.

20 CFR 655.731:

"(7) Wage obligation(s) for H-1B nonimmigrant in nonproductive status—

(i) Circumstances where wages must be paid. If the H-1B nonimmigrant is not performing work and is in a nonproductive status due to a decision by the employer (e.g., because of lack of assigned work), lack of a permit or license, or any other reason except as specified in paragraph ©(7)(ii) of this section, the employer is required to pay the salaried employee the full pro-rata amount due, or to pay the hourly-wage employee for a full-time week (40 hours or such other number of hours as the employer can demonstrate to be full-time employment for hourly employees, or the full amount of the weekly salary for salaried employees) at the required wage for the occupation listed on the LCA."

So, does that mean I have to be paid by my employer (from October) even if my license application is under process with the board? Also, does this rule apply if the offer letter says that my joining date will be say 10/3/2015 pending H1B receipt and state licensure?

 

Thank you for your help and look forward to your reply!

[livliv]

Here's what you can do.

Go to SSA office 1 or 2 weeks after you get the approval and apply for SSN. Best case you will get the number and then apply for your license.

 

Worst case they will reject it. Inquire with the licensing agency about whether they accept proof of SSN application to process the license/issue temporary license or any such thing. That way you can apply on Oct 1 and send that proof to them. Also, if SSA issues the number, the card will arrive in 2 weeks but they can tell you the number on next day, no need to wait 2 weeks.

 

The employer of course has to pay you from day 1. But a few days delay in payment will not hurt much.

[JoeF]

There is no harm in going to the SSA office and applying. They will at the most reject it.

 

It is a waste of time.

[JoeF]

Here's what you can do.

Go to SSA office 1 or 2 weeks after you get the approval and apply for SSN. Best case you will get the number and then apply for your license.

 

Worst case they will reject it. Inquire with the licensing agency about whether they accept proof of SSN application to process the license/issue temporary license or any such thing. That way you can apply on Oct 1 and send that proof to them. Also, if SSA issues the number, the card will arrive in 2 weeks but they can tell you the number on next day, no need to wait 2 weeks.

 

The employer of course has to pay you from day 1. But a few days delay in payment will not hurt much.

 

It would be a waste of time.

NO SSN office will issue an SSN until the person is in a status that allows getting an SSN.

Please learn the rules!

And for an H1, there can NOT be a delay in payments. A person on H1 has to get paid during the regular payroll. No but or if.

[JoeF]

So, does that mean I have to be paid by my employer (from October) even if my license application is under process with the board? Also, does this rule apply if the offer letter says that my joining date will be say 10/3/2015 pending H1B receipt and state licensure?

 

Thank you for your help and look forward to your reply!

 

Yes, you have to get paid from Oct. 1 on, even if you don't have the license yet. That's the law! And the employer knows it.

The employer can NOT delay the salary. Period. End of story.

If they don't want to pay you according to the law, file a complaint with DOL on form WH4. The DOL will make them pay you.

[pt279]

Here's what you can do.

Go to SSA office 1 or 2 weeks after you get the approval and apply for SSN. Best case you will get the number and then apply for your license.

 

Worst case they will reject it. Inquire with the licensing agency about whether they accept proof of SSN application to process the license/issue temporary license or any such thing. That way you can apply on Oct 1 and send that proof to them. Also, if SSA issues the number, the card will arrive in 2 weeks but they can tell you the number on next day, no need to wait 2 weeks.

 

The employer of course has to pay you from day 1. But a few days delay in payment will not hurt much.

Thank you so much!

 

I think I will definitely give it a try and it wouldn't hurt either. I wouldn't be worried if it would have been a matter of a few days. But the whole process- applying for SSN and license takes about 3 months in total.

[JoeF]

Thank you so much!

 

I think I will definitely give it a try and it wouldn't hurt either. I wouldn't be worried if it would have been a matter of a few days. But the whole process- applying for SSN and license takes about 3 months in total.

 

You won't get the SSN until you are in H1 status. The Social Security Administration is not allowed to give SSNs to people who don't have work authorization.

It was possible 20+ years ago (I got my SSN while I was here on visitor visa back then), but nowadays, it is simply not allowed. Why do you want to waste your time and the time of the people in an SSA office?

[JoeF]

If you go there before Oct. 1, the only thing you would be able to get is a letter stating that you are not eligible for an SSN.

[pt279]

You won't get the SSN until you are in H1 status. The Social Security Administration is not allowed to give SSNs to people who don't have work authorization.

It was possible 20+ years ago (I got my SSN while I was here on visitor visa back then), but nowadays, it is simply not allowed. Why do you want to waste your time and the time of the people in an SSA office?

Thank you again! I appreciate your advice and understand your perspective too. I do not want to waste anybody's time but to save 3 months of my career after October. If this was possible, it could be very helpful in my case. I'm just exploring some options so that I can be productive and don't have to sit at home even after getting valid work status.

[JoeF]

Well, as I said, you won't be able to get an SSN before Oct. 1. That's a fact! Law prohibits them from giving an SSN to somebody who hasn't a work permit (and you don't have a work permit at this point, you only have a work permit from Oct. 1 on,)

You can get a letter that you don't qualify for an SSN. For things like the DMV, that's good enough. If getting the license requires an SSN, then you can only get the license after Oct. 1. Sorry, but that's how things work.

ANd again, the employer has to pay you, even if you don't have the license yet. That's part of the H1 law, and the employer signed on the LCA that he would pay you according to the law. It was all referenced on the LCA form, right next to the signature line.

When you start working on Oct. 1, the employer also has to give you a copy of the LCA.

[livliv]

Thank you again! I appreciate your advice and understand your perspective too. I do not want to waste anybody's time but to save 3 months of my career after October. If this was possible, it could be very helpful in my case. I'm just exploring some options so that I can be productive and don't have to sit at home even after getting valid work status.

Again, do inquire with the licensing agency about accepting proof of having applied for SSN in lieu of SSN at least on a temporary basis, I have seen some agencies (Pharmacist license in some states for example, do that). Also, if your information is correctly available in the SAVE system, SSN will be issued the very next day, no need to wait 2 weeks.

[JoeF]

The OP won't even be able to apply for an SSN before Oct. 1. The OP would just get a letter that he isn't eligible for an H1. That's issues right at the SSA office, without the application even being submitted.

[livliv]

The OP won't even be able to apply for an SSN before Oct. 1. The OP would just get a letter that he isn't eligible for an H1. That's issues right at the SSA office, without the application even being submitted.

 

That one was related to applying for SSN on/after Oct 1 and submitting the proof of having applied for the license.

If OP applies before Oct 1 and gets it, they will not need proof of having applied, they will just use the SSN and apply for the license.

[JoeF]

That one was related to applying for SSN on/after Oct 1 and submitting the proof of having applied for the license.

If OP applies before Oct 1 and gets it, they will not need proof of having applied, they will just use the SSN and apply for the license.

 

Sigh.

The OP won't get an SSN before Oct. 1. The OP can't even apply for one. They would not accept the application at the SSA office. At maximum, they would just issue a letter that the OP doesn't qualify for an SSN.

After Oct. 1, the OP can of course apply for an SSN. At that point, the OP qualifies for an SSN.

[livliv]

Sigh.

The OP won't get an SSN before Oct. 1. The OP can't even apply for one. They would not accept the application at the SSA office. At maximum, they would just issue a letter that the OP doesn't qualify for an SSN.

After Oct. 1, the OP can of course apply for an SSN. At that point, the OP qualifies for an SSN.

 

If ..., then ...

else if ... then ...