Is new SSN card required ?

[VF123]

Hello guys,

My husband is currently working on his STEM OPT EAD and based on this, he have a SSN card. Last week, we got his EAD approved based on C09 category (marriage based), but we did not requested for his new SSN card while filing AOS, since he already had the SSN with him.

My questions is, can he work with the same SSN card even after switching to marriage based EAD, or he will need to apply for a new one ?

If anyone has a knowledge on this, please do share.

Thank you.

[hpx3000]

Hello guys,
My questions is, can he work with the same SSN card even after switching to marriage based EAD, or he will need to apply for a new one ?
Thank you.

Yes, he can use the same one; no need to apply for new one. I've been using my SSN I got as an F1 student in 2006. No issues.

[VF123]

Yes, he can use the same one; no need to apply for new one. I've been using my SSN I got as an F1 student in 2006. No issues.

Ah, great, thank you for your response, appreciated.

And do we have to remove any restrictions or will there be any restriction on his F1 SSN card? after he starts working on his Marriage based EAD ?

[hpx3000]

Ah, great, thank you for your response, appreciated.

And do we have to remove any restrictions or will there be any restriction on his F1 SSN card? after he starts working on his Marriage based EAD ?

As far as I am aware, the restrictions will stay until his status is changed to that of a permanent resident or citizen down the line. But that should not stop his employers from employing him as long as he has the appropriate documents (EAD, for example) that allow him to work. My SSN still says "valid for work with dhs authorization" and my employers have accepted it without any questions. I do plan on removing this condition after I get the green card though. But so far, I have faced zero issues.

[VF123]

As far as I am aware, the restrictions will stay until his status is changed to that of a permanent resident or citizen down the line. But that should not stop his employers from employing him as long as he has the appropriate documents (EAD, for example) that allow him to work. My SSN still says "valid for work with dhs authorization" and my employers have accepted it without any questions. I do plan on removing this condition after I get the green card though. But so far, I have faced zero issues.

I see, thank you. Also, once your started working on your C09 EAD, did you reported to university about this ? Does my husband has to let his university know that he will be working on our marriage based EAD and that AOS application is in process ?

[hpx3000]

I see, thank you. Also, once your started working on your C09 EAD, did you reported to university about this ? Does my husband has to let his university know that he will be working on our marriage based EAD and that AOS application is in process ?

Yes, definitely! Being on C09 based EAD means he is no longer using visa based EAD (i.e. OPT/CPT) so have him go to the International Office first. They will do some paperwork and ask him to go to the Payroll/HR Office. Once done at payroll without any issues, he's good. Also, people at the International Office may give him flak but just ignore them. For example, they told me I should be consulting an immigration lawyer and that this was beyond their responsibilities. I called BS as they don't exist there just to sign on I20s and DS-2019s and other extension documents... since we work/study at a university (employer), it falls on them too to make sure we're staying within status. And they did. I probably met someone who wasn't feeling like working there anymore maybe.

[VF123]

Yes, definitely! Being on C09 based EAD means he is no longer using visa based EAD (i.e. OPT/CPT) so have him go to the International Office first. They will do some paperwork and ask him to go to the Payroll/HR Office. Once done at payroll without any issues, he's good. Also, people at the International Office may give him flak but just ignore them. For example, they told me I should be consulting an immigration lawyer and that this was beyond their responsibilities. I called BS as they don't exist there just to sign on I20s and DS-2019s and other extension documents... since we work/study at a university (employer), it falls on them too to make sure we're staying within status. And they did. I probably met someone who wasn't feeling like working there anymore maybe.

HI, yes, so my husband email his International advisor, and they told him the same thing which you told above. Could you please let us know in detail, what exactly shall my husband respond to his International advisor or what procedure he needs to do with this university on this so that he can answer well to this university.

Thanks for helping us

[Enub4]

What will do your husband now (work related)? Will he continue to work with same company/job or will apply for new job?

Most international advisors don't know anything beyond F1 status, and for them, once you finish OPT you need to return to your country. In this case your husband just need to ask the international advisor to properly close his status without any debt to the university on day X and next day he will be on AOS with authorization to work thanks to AOS EAD. He can work now without the restrictions of OPT.

[hpx3000]

HI, yes, so my husband email his International advisor, and they told him the same thing which you told above. Could you please let us know in detail, what exactly shall my husband respond to his International advisor or what procedure he needs to do with this university on this so that he can answer well to this university.

Thanks for helping us

Can he go meet them in person? I found that to be more helpful than calling. Have him explain his AoS situation and that he'd like to be off of his visa-related work status and would like to move to a new EAD. They will likely have him fill out a "departure form" but essentially they should be the ones reporting to DHS that he is no longer on a visa in this country; rather, he's on AoS based status. Like, literally, that is their job... to deal with all international students and scholars. If they dick around, have his PI/dept head/dean get involved. Once they confirm that it's done, he can go to payroll and use the EAD there as a regular joe.

[Enub4]

Good information hpx3000 is incredible they act like that and we have to make sure they do things right.

I don't know if my university did something wrong, when I travel with Global Entry I always get X and last time I visited the officers to update my information they told me that the X is because my 'issue' with SEVIS. I told the officer that I don't have any problem and after I finish OPT I changed status to keep working as no-immigrant. Not a single day out of status. So I guess the university did something wrong when they closed my F1 status. I hope I don't get any problems at the GC interview.

[VF123]

What will do your husband now (work related)? Will he continue to work with same company/job or will apply for new job?

Most international advisors don't know anything beyond F1 status, and for them, once you finish OPT you need to return to your country. In this case your husband just need to ask the international advisor to properly close his status without any debt to the university on day X and next day he will be on AOS with authorization to work thanks to AOS EAD. He can work now without the restrictions of OPT.

Hi, yes, he is going to continue working with the same company. My husband has emailed to his International advisor, lets see what they reply, or else I will ask him to call directly since we are in different state.

[VF123]

Can he go meet them in person? I found that to be more helpful than calling. Have him explain his AoS situation and that he'd like to be off of his visa-related work status and would like to move to a new EAD. They will likely have him fill out a "departure form" but essentially they should be the ones reporting to DHS that he is no longer on a visa in this country; rather, he's on AoS based status. Like, literally, that is their job... to deal with all international students and scholars. If they dick around, have his PI/dept head/dean get involved. Once they confirm that it's done, he can go to payroll and use the EAD there as a regular joe.

Thank you for replying.
Actually we are currently in a different state, so I guess I will ask him to call and see what they tells. Although he has already replied to his International advisor as you suggested, lets see what they replies.
SO there will be only 1 form such as "departure form" that he will have to fill out ? and after filling it does he has to submit to university or USCIS ?

I am sorry, I know I am asking too many questions but literally we need someone help who have gone through this phase.

Thank you

[hpx3000]

Thank you for replying.
Actually we are currently in a different state, so I guess I will ask him to call and see what they tells. Although he has already replied to his International advisor as you suggested, lets see what they replies.
SO there will be only 1 form such as "departure form" that he will have to fill out ? and after filling it does he has to submit to university or USCIS ?

I am sorry, I know I am asking too many questions but literally we need someone help who have gone through this phase.

Thank you

Hey, no need to apologize! We're all here to help each other out.
From what I know at my university, that form is for university's records only and has little to nothing to do with DHS/USCIS. They of course will have to notify DHS of your husband leaving his F1 and switching to an AoS based EAD. Whenever I have visited them, they have always showed me forms and documents on their computers so I think it's done online.

Hopefully the school officer replies with a positive message. Maybe instead of asking, you could also try 'notifying': tell them that you have C09 based EAD and now you'd like to switch to it so have him removed as international student. It really shouldn't be tricky or difficult to do this so it baffles me why they're dragging their feet.

[VF123]

Hey, no need to apologize! We're all here to help each other out.
From what I know at my university, that form is for university's records only and has little to nothing to do with DHS/USCIS. They of course will have to notify DHS of your husband leaving his F1 and switching to an AoS based EAD. Whenever I have visited them, they have always showed me forms and documents on their computers so I think it's done online.

Hopefully the school officer replies with a positive message. Maybe instead of asking, you could also try 'notifying': tell them that you have C09 based EAD and now you'd like to switch to it so have him removed as international student. It really shouldn't be tricky or difficult to do this so it baffles me why they're dragging their feet.

Okay sure, we will keep this in mind and will keep here updated.

Thank you

[VF123]

hpx3000 - Hello, so my husband called his international adviser and explained about our case. His IA told my husband that he can work until July 26 on his STEM OPT and then from July 27, he can start using his marriage based EAD. Since our AOS is pending, his IA adivised not to close F-1 status since it will impact negatively, and once STEM OPT is expired on july 26, therafter within 60 days his F1 will be automatically closed, unless if we get AOS approval, we can report to his university before that 60 days period.
When my husband asked if university needs to report anything to USCIS about change of status, his IA told that USCIS will be already knowing that he has applied for AOS and its pending.