EAD -> SSN - > 40 credits with SSA

[steadygaze79]

Hi everyone,

1. I have a valid SSN assigned to me by SSA that says "valid to work only with DHS authorization."
2. I have been working without authorization but using the SSN since 2008, have paid taxes every single year, and have collected 36 credits with SSA.
3. I have an EAD just approved with DHS and am waiting to receive it in the mail.

My question: once I receive it, can I go to SSA and ask them to somehow link my SSN with my EAD so that those 36 credits can roll over now that I have an approved EAD? Or should I just wait for the green card and do it? AOS is currently waiting for interview to be scheduled.

I ask because I had to find a joint sponsor and I know that if I have 40 credits of work, I can let go the sponsor of the sponsor's obligations. The doubt is whether those 36 credits of unauthorized work can be rolled over to my name now that I have an approved EAD.

Any one got experience in this?

Have a good day everyone!

[azblk]

Hi everyone,

1. I have a valid SSN assigned to me by SSA that says "valid to work only with DHS authorization."
2. I have been working without authorization but using the SSN since 2008, have paid taxes every single year, and have collected 36 credits with SSA.
3. I have an EAD just approved with DHS and am waiting to receive it in the mail.

My question: once I receive it, can I go to SSA and ask them to somehow link my SSN with my EAD so that those 36 credits can roll over now that I have an approved EAD? Or should I just wait for the green card and do it? AOS is currently waiting for interview to be scheduled.

I ask because I had to find a joint sponsor and I know that if I have 40 credits of work, I can let go the sponsor of the sponsor's obligations. The doubt is whether those 36 credits of unauthorized work can be rolled over to my name now that I have an approved EAD.

Any one got experience in this?

Have a good day everyone!

You credits are yours and are already in your name albeit it was unauthorized work. SSA doesn't care care about your immigration status. Even people working with **** ssn /itin are able to go in and as long as they can prove it was them that earned those credits they will get them credited to thier real SSN when they finally get one.

[inadmissible]

Good for you! You should try to establish a My Social Security account online right now, and see if your past earnings history has been properly credited https://www.ssa.gov/signin or request a paper statement using https://www.ssa.gov/myaccount/materi...s/SSA-7004.pdf (4 to 6 weeks turnaround). You have been working using your own name and your own assigned SSN, so hopefully everything was already credited properly

I don't think you can revoke an already-submitted joint affidavit of support, but you might be able to persuade the adjudicating officer to exclude it from your file at your appointment by presenting him with a new I-864W

[azblk]

I don't think you can revoke an already-submitted joint affidavit of support, but you might be able to persuade the adjudicating officer to exclude it from your file at your appointment by presenting him with a new I-864W

He is still short of the 40 credits so he can not use a i-864W. However since they are real close the i-864 will only be enforceable until they acquire 40 credits which should in in the next one or two quarters.

[newacct]

Did you remember to also count your spouse's credits during the period of marriage? And also credits of your parents when you were under 18?

[inadmissible]

He is still short of the 40 credits so he can not use a i-864W

I understood what he meant was that he expects to hit 40 credits by the time of his interview. Of course, if he doesn't, he can't file the W

[steadygaze79]

Thanks for your response.
I have an online account with SSA and the 36 credits are in my name and assigned to my SSN.

Good for you! You should try to establish a My Social Security account online right now, and see if your past earnings history has been properly credited https://www.ssa.gov/signin or request a paper statement using https://www.ssa.gov/myaccount/materi...s/SSA-7004.pdf (4 to 6 weeks turnaround). You have been working using your own name and your own assigned SSN, so hopefully everything was already credited properly

I don't think you can revoke an already-submitted joint affidavit of support, but you might be able to persuade the adjudicating officer to exclude it from your file at your appointment by presenting him with a new I-864W

- - - Updated - - -

Thanks for your response!

I'll have 40 credits by the end of 2017. Since I think my interview will only take place next year, I may have the 40 credits by then. Can I then take I-864w with me to interview?

I understood what he meant was that he expects to hit 40 credits by the time of his interview. Of course, if he doesn't, he can't file the W

- - - Updated - - -

Thanks!

You mean that my spouse's credits can count towards the 40 I need to let go of joint sponsor? When I talked to a lawyer about this, lawyer said I couldn't use my 36 credits since it is from unauthorized work, but since I have an approved EAD, will I be able to use them if I'll have 40 by the end of this year?

Did you remember to also count your spouse's credits during the period of marriage? And also credits of your parents when you were under 18?

- - - Updated - - -

[azblk]

I'll have 40 credits by the end of 2017. Since I think my interview will only take place next year, I may have the 40 credits by then. Can I then take I-864w with me to interview?

You mean that my spouse's credits can count towards the 40 I need to let go of joint sponsor? When I talked to a lawyer about this, lawyer said I couldn't use my 36 credits since it is from unauthorized work, but since I have an approved EAD, will I be able to use them if I'll have 40 by the end of this year?

Your lawyer is wrong. You credits would count albeit it was unauthorized employment.

Personally I think it would be easier to stick with the co sponsor than get in argument with a USCIS officer if they were to take the view that credits earned from unauthorized employment do not count. Also I dont think you ( beneficiary) can pull i-864 filed on your behalf. The co-sponsor on the hand can rescind his/her i-864 at anytime before case is decided. Leave well enough alone.
The i-864 will be unenforceable anyway since you will have attained 40 quarters at the time of interview.

[inadmissible]

When I talked to a lawyer about this, lawyer said I couldn't use my 36 credits since it is from unauthorized work, but since I have an approved EAD, will I be able to use them if I'll have 40 by the end of this year?

That's not correct. The only reason you couldn't use your 36 credits is because it was 36 and not 40 credits. You worked, you paid in, you got credited, that's that - without regard to work authorization. Say, for example, you had already accrued 40 credits of work (all of it unauthorized), did not apply for EAD, and did not do any authorized work - you'd still be entitled to the waiver because you had the 40 credits. A period of authorized work does nothing to "cure" the prior unauthorized work, because there is no need to "cure" the credits you have legitimately accrued