Visa status is I-485 pending, how to prove I am legally staying in the states?

[Riley and SP 17]

54 minutes ago, Boiler said:

So you worked under the restrictions imposed on a F1 holder?

Yes. Most of the time, I was working on campus or off campus with CPT authorization   - full time during the summer and part-time during the school year. 

 

[Crazy Cat 39,734]

13 hours ago, Mintxtea said:

Hi there,

 

Hope everyone is doing well out there.  

 

I sent out my AOS package (with the concurrent filing of I-130, I-485, I-131, I-765) on Aug.17, and received my first NOA on Sep.16.  

My visa has expired on Sep. 28, my visa status should have changed to "I-485 Pending".  As I know, I won't have a SSN before my EAD is issued. Right now I would like to enroll in my husband (USC)'s medical insurance plan (as a spouse). Even though the insurance company could accept my enrollment without a SSN, HR needs proof that I'm a "Legal Resident".  Is there a way to find out my current visa status to prove my legal residency? 

 

Any feedbacks are appreciated, cheers!

"Staying in the US legally" and "Legal Residence" are two separate things.  After submitting a proper I-485, you are granted authorized stay in the US pending the outcome of the I-485....so you are "staying in the US legally", but you have no legal status.   Obtaining/Approval of a  Green Card makes a person a "Legal Resident".    

Edited September 30, 2020 by Lucky Cat

[Mintxtea 1]

@Lucky Cat  Thanks for the correction. That makes sense.  🙂

 

[SusnOwen 132]

3 hours ago, Celebi said:

I have a 10-year B2 visa but now adjusting status thru marriage. The Aetna rep we talked to seemed unsure of their policies and since we were already transferred 4x and on the call for majority of my husband's lunch break (we had a three-way call), I just thanked the rep and ended the call. We thought I will get my EAD/ SSN card in 3 months so we weren't in a hurry to check on health insurance process. Hopefully, things will start moving faster especially for NYC  

They can sign you up for the insurance without your SSN - They use a place holder until you get your real SSN.  I wouldn't wait, call back and keep calling until you get someone who knows what they are talking about.  For my husband, we couldn't use the online system, they had to do it via paper.

[Boiler 43,788]

34 minutes ago, Riley and SP said:

Yes. Most of the time, I was working on campus or off campus with CPT authorization   - full time during the summer and part-time during the school year. 

 

So that was the basis you obtained a SSN, OP is in a different situation.

[HRQX 4,145]

5 hours ago, Riley and SP said:

For example, my SSN card says valid for work only with DHS authorization.

OP can't get Social Security Card that says that until either EAD or GC is approved: https://www.ssa.gov/ssnumber/cards.htm

Edited September 30, 2020 by HRQX

[HRQX 4,145]

4 hours ago, Boiler said:

Has been a very long time since you get EAD in 3 months

Yup, that's true for initial EAD requests. But I'll note that renewals are still being processed in that time frame. I submitted C9 renewal on 07/02/20 and the EAD was approved on 09/03/20.

[HRQX 4,145]

5 hours ago, Celebi said:

The Aetna rep we talked to seemed unsure of their policies and since we were already transferred 4x and on the call for majority of my husband's lunch break (we had a three-way call), I just thanked the rep and ended the call.

"No, it is not necessary for you to contact the IRS if you do not have an SSN or a TIN.  You should advise your coverage provider that you do not have an SSN or TIN and give them the date of birth for each covered individual." https://www.irs.gov/affordable-care-act/questions-and-answers-about-reporting-social-security-numbers-to-your-health-insurance-company

[Celebi 135]

52 minutes ago, HRQX said:

https://www.irs.gov/affordable-care-act/questions-and-answers-about-reporting-social-security-numbers-to-your-health-insurance-company

This was also the link (with screenshot) we sent the HR but they still insisted on an SSN  

[Boiler 43,788]

Sounds like a legal case for discrimination.

[eckoin 211]

If I recall correctly, the issues with SSNs for health insurance are resolved by speaking to a supervisor. The SSN is required in the enrolment forms, and an average rep doesn't deal with people who don't have one. The supervisor will then override it with the internal "I don't have one" SSN, which can be all 9s or all 0s or whatever they use. 

[Fr8dog 312]

1 hour ago, Celebi said:

This was also the link (with screenshot) we sent the HR but they still insisted on an SSN  

Ask HR for the contact info of the legal department as this is not legal and borders discrimination based on national origin. Than casually ask the person for their personal legal representative as she might just be held personal liable.

There is no legal bases for a health insurance company to demand your Social security number.

[Co6aka 17]

A ITIN is only for tax purposes, not for anything else.  The detailed instructions for the IRS form W-7 (application for ITIN) are here:  https://www.irs.gov/instructions/iw7

 

FWIW... It's been explained to me that denying insurance because a pending immigrant lacks a SSN is improper if they're UCOL.  ("Under Color Of Law")  I have a somewhat related issue with NYSoH repeatedly rejecting/deleting my wife's plan selection because she doesn't have a SSN, and then moving forward her initial eligibility date by a month, which meant she wasn't covered even though we "checked out" through the marketplace.  Our NY Assemblyman is trying to help, but I've been advised to ask Legal Aid or another such organization to take NYSoH to court on my wife's behalf for violating the ACA.  Three times she selected a plan, checked out, and they immediately rejected/deleted her plan selection for not having a SSN on file...even though they and the system knows she's in the immigration process.  The agents I've spoken with seemed to understand everything, but the higher-ups seem to be clueless automatons.

 

Also, on a somewhat related subject, last Friday NYSoH unilaterally changed my wife's eligibility from the "Essential Plan" to Medicaid and justified their change upon the July 29th injunction.  I advised them that the injunction has been vacated, but they responded that they have no such information and refused to investigate the status of the injunction, and declared that either my wife accepts Medicaid, or buys a full-pay plan, or has no insurance.  (DO NOT ACCEPT MEDICAID!!!)  I called a few local immigration groups and all told me they've been getting similar calls from equally worried pending immigrants.  Bottom line, don't blindly accept what some mindless insurance marketplace or other insurance company knucklehead says; first learn for certain what's correct.

Edited September 30, 2020 by Co6aka