Update Aug 19, 2020: RN law group is restarting the H4 EAD litigation with next case expected to be filed on 18 Sep, 2020.
- The cut off for this case to join and pay attorney fee of $2,800 is Sep 11, 2020.
- This case will only accept H4 and H4 EAD cases. You can join irrespective of your Biometric completion status.
- This means that L2 EAD cases are not accepted in this round.
This article will discuss:
How to Join RN Law H4 EAD Litigation?
As per the users who have already contacted the RN law group, their legal fee for this process is around $2,800 per person. Court costs will be split evenly among co-plaintiffs and would not exceed $600.
If you are interested in joining, you can set up a consultation with the RN law office to discuss your particular situation for an initial evaluation.
If you choose to join the litigation, their consultation fees can be credited to the legal fees for the court cases.
Conditions to Join
These conditions should be met to join the Reddy and Neumann’s H4 EAD litigation:
- Your H4 or L2 application (form i539) should have been pending for at least 30 calendar days after the USCIS receipt date.
- Primary H1B should have been approved. This can happen only if you filed H1B in premium. Regular H1B will not get approvals in 30 days anyway as per current trends.
- Earlier H4, L2 Biometric completion was required but after Aug 2020, they are accepting cases even if your biometric has not been completed.
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Can L2 EAD Join the RN Law Litigation?
As confirmed by employment-based US immigration attorney, Rahul reddy, you can join the H4 EAD litigation for your L2 EAD case.
USCIS allows filing for EAD renewal 180 days in advance of the current card’s expiry as there is no automatic extension or interim EAD available for H4 & L2 dependents.
You can expect your H4 EAD approval in 13 to 60 days after joining H4 EAD litigation.
Your Green card Application will not be affected by the H4 EAD lawsuit.
RN Law group has confirmed that it is under your rights to challenge USCIS in federal court if they are not able to finish processing within 30 days.
My suggestion is to join the lawsuit if you are on the verge of losing your job in the next 1 month due to pending renewal at this time.
If your current H4EAD card’s expiry is about 3 months away, you can wait.
If you filed your H4 EAD extension application 180 days before the current card’s expiry, you should wait for the result.
If you are on the verge of losing a job in the next 20-30 days due to pending H4 EAD, then you can join the lawsuit with RN law.
Note that they also take their own time in preparing the case documents and may not file immediately on the day that you request to join.
We think that joining the H4 EAD lawsuit has better chances of fast approval than filing an EAD expedite request.
USCIS has been rejecting H4 EAD expedite requests without even asking for any documents to prove your situation.
The H4 EAD litigation claims that there are unprecedented delays in H4 and H4 EAD processing even when they are filed with H1B in premium.
As per the defined government rules, USCIS should be able to give a decision on H4 applications within 30 days of filing.
The H4 EAD application response is confirmed within 60 days. The result could be approval or denial.
As communicated by Rahul Reddy and Emily Neumann in their video chats, once the lawsuit is filed, the government has 60 days to respond by either processing the I-539 or fighting the lawsuit.
Normally, USCIS does not want to deal with the hassle of the lawsuit and instead just settles down by approving the applications.
The RN law group files the federal court case and then the summons is generated and sent to USCIS.
USCIS needs to respond to the summons within 60 days. Usually, USCIS opts to approve the case instead of arguing in the courtroom. Once USCIS approves your H4 and H4 EAD, RN law groups withdraw the litigation.
The litigation only helps people who joined it. USCIS only approves the applications that are part of the H4 EAD lawsuit to avoid answering them in front of a federal judge.
The H4 EAD applications of other people continue to be processed in the regular queue.
The RN Law group’s EAD lawsuit does not challenge the DHS decision to terminate H4 EADs.
The case only questions the delays caused by USCIS in approving the work permits after H4 and L2 fingerprinting.
Many people have reported that they got their H4 EAD approved within premium 15 days when they upgraded H1B to premium after the Biometric completion.
There is no need to wait until the USCIS normal processing time is over for your H4 application.
You can join H4 EAD litigation after 30 days of filing the H4 and H4 EAD application.
Why H4 EAD Litigation Is Useful?
The lawyers stress the fact that since all 3 applications for one H1B family present similar facts, there is the minimal effort required to work on H-4 and H-4 EAD applications along with H1B. These petitions have always been approved at the same time as the primary H-1B beneficiary’s extension.
- The major addition to total processing time has been added by the new Biometric appointments which incidentally is not required by regulation or statute and was a creation of USCIS not supported by any rule of law.
- Although USCIS stated that they would take steps to approve these H-4 and H-4 EAD applications faster after biometrics, there is no real case to prove it on the ground.
- USCIS call center executives now advise that all premium H4 and H4 EAD cases are being processed in regular queues.
RN Law groups claim that USCIS actual processing time is quite low as per official data and hence, USCIS should be able to approve all cases within a reasonable time:
- USCIS average time spent on processing a Form I-539 (H4) is 24 minutes.
- The average time taken on Form I-765 (H4 EAD) is merely 12 minutes.
H-4 EAD workers are on the verge of losing their jobs, insurance, and driver’s licenses which can cause a significant strain on their personal finances as well as the American businesses that employ them.
As per law (8 U.S.C. § 1571), both the H-4 extension and the H-4 EAD are non-immigrant benefits that Congress expected the agency to complete within 30 days.