RN law group reported that EAD approvals have been received for all 4 cases within 13-36 days that were part of first H4 EAD lawsuit.
RN law group has filed one more lawsuit after the first one at this time.
- Vermont and California are currently approving H4 EAD in 60 to 90 days after biometrics.
- Nebraska is taking more than 100 days to approval H4 EAD after biometrics without lawsuit.
How to Join H4 EAD Lawsuit?
As per the users who contacted RN law group, their legal fee for this process is $2,800 now (earlier $1,800). 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 either Steven Brown, Kristina Hernandez, Vy Hoang, or Justin Rivera from 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 court case.
Your H4 EAD should have been pending for at-least 30 days to join the lawsuit and H1B should have been approved.
Should I Join Litigation for Fast H4 EAD approval?
My suggestion is to join the lawsuit if you are at the verge of losing your job in 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 current card’s expiry, you should wait for result.
Joining the lawsuit has better chances of fast approval than filing an EAD expedite request.
H4 EAD Approval Time after Joining Litigation
Expect at-least 13 days to 60 days time for H4 and H4 EAD approval after the litigation has been filed in court.
If you are on the verge of losing 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.
H4 EAD Delay After Biometric Case
Reddy & Neumann, an employment based attorneys have field a court case challenging USCIS’s delays in approving H4 EAD work permits.
The case claims that there are unprecedented delays in H4 and H4 EAD processing even when they are filed with H1B in premium. It seems that USCIS and DHS are trying to take the H4 dependent’s work authorization away by intentionally delaying the EAD approvals.
The H4 biometric requirement was added recently by USCIS for all applications filed using form i-539 from Mar 22, 2019 on-wards.
Chances of Winning H4 EAD Delays Court Case
Once the lawsuit is filed, the government has 60 days to respond by either processing the I-539 or fighting the lawsuit. Normally, they don’t want to deal with the hassle of the lawsuit and instead just settle by approving the applications.
It has been seen that USCIS is approving cases filed in the lawsuit earlier than other to avoid fighting the case.
Since the court case has been withdrawn by RN law group after the cases were approved, there is no judgement to direct USCIS to speed up the process which may have benefited the other 50k+ H4 EAD workers.
USCIS allows to file for EAD renewal 180 days in advance of current card’s expiry as there is no automatic extension or interim EAD available for H4 dependents.
H4 EAD Court Case Details
Please note that this case does not challenge the DHS decision to terminate H4 EADs. The case only challenges the delays caused by USCIS in approving the work permits after fingerprinting.
The case explains the need of H4 EAD for the H1B workers waiting in decade long queues to see their prized US Green card someday.
As per the data shared in official case:
- USCIS average time spent on processing a Form I-539 (H4) is 24 minutes.
- Average time taken on Form I-765 (H4 EAD) is merely 12 minutes.
H1B Premium Processing Not Honored for H4 EAD
The lawyers stress the fact that since all 3 applications for one H1B family present the similar facts, there is 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 ground. USCIS call center executives now advise that all premium H4 and H4 EAD cases are being processed in regular queues.
H4 EAD Workers Job Loss
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.