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You can file the H4 EAD lawsuit yourself as a single party. This litigation is known as a mandamus case in legal terms.
The cases that RN law was filing were also mandamus cases.
The chances of approval are much higher in an individual case than in a group case.
This article will discuss:
#1 How to File EAD Lawsuit Individually (H4, L2, E)
You can approach any federal court lawyer to file this case individually for you.
AM22Tech had worked out a price with one of the qualified attorneys in Texas and there were a lot of approvals received within a couple of weeks after the cases were filed.
We are not taking any new cases now until further notice. This is because the processing time for each case has increased substantially. We are not suggesting filing it at this time since this court case is filed with a good amount of cost and may not get your approval quickly (as per your expectations).
We are working on finding out other options with a reputed law firm and will share once we have something concrete.
You are free to consult an attorney of your choice and still file this mandamus case yourself. Some key things to keep in mind before you enroll an attorney:
- The approval time varies by each court and the case specifics. Some may get approved sooner than others after filing the lawsuit.
- You should have realistic expectations when you go ahead with the case as it can still take anywhere between 4-120 days for your case to get a result.
- Although the success rate is over 95%, there are no guarantees of fast processing when you file this kind of case.
- The attorneys usually charge about $5000+ based on their fee structure. The court fee is about $402 on top of attorney fee.
When should you File Court Case?
We recommend that you should wait at least 120 days after EAD receipt to file this type of court case.
Additionally, these conditions should be met to get the best outcome:
- Your H4 or L2 application (form i539) should have been pending for at least 60 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 60 days anyway as per current trends.
- Biometric status does not matter.
Fill USCIS i765 EAD form Online with our App >
Green Card i485 EAD delays Lawsuit (Available)
Are you looking to file the court case for Green card i485 EAD delays? We can help you file the case as we have a good success rate.
The cost of filing i485 EAD litigation is $4,400 for 1 person. Each additional person from the family can be added for $1000.
We can help you file the individual mandamus court case for i485 EAD delay for a family of 3 for a flat fee of $6400 (4000 + 1000 + 1000) + 400 court fee.
Get the free 15-minute consultation (valued at $100) directly with the attorney by sending us an email at email@example.com or ping us on WhatsApp if you decide to sign up for the case. You can also book attorney consultation here and this price will be reduced from the final case payment for AM22TECH members to make it free.
Conditions to File GC EAD Litigation
These conditions should be met to file the i485 EAD litigation:
- Your i485 or i765 fingerprints should have been completed. You have waited for 30 days after the fingerprints were taken.
- If fingerprints have not been completed or biometrics not received, you should have waited at least 90 days after the i765 receipt date.
- Priority date does not matter. You can get EAD/AP even if the date is not current in Final action or Date of filing chart once you have filed i485.
There are numerous benefits of getting the i485 EAD and one of the major ones is the child tax credit.
Getting an EAD for your H4/L2 child will help you get his SSN number and make them eligible for a child tax credit through IRS.
This child tax credit is normally $2,000 but has been increased to $3,600 in 2021 due to COVID as reported by NERD Wallet.
#2 Greg Siskind EAD Group Litigation
If you are not comfortable spending money on an individual court case, you can join a new case being started by Greg Siskind and his team with the name ‘Impact Litigation’.
Conditions to Join this Case
- This group case will club all cases that were filed before Mar 29, 2021, and will ask USCIS to approve them. This is not a class lawsuit which means that it may only benefit the people who join this case.
- It can be H4, L2 or i485, or any other EAD category code irrespective of whether it is a new or a renewal application.
- Join this EAD lawsuit here by Sep 24, 2021 12 PM Central time.
- Fee: $1000 per person. $550 for each additional family member. People who are waiting for their i485 EAD may join with family and hence they will need to add this fee.
Benefits of joining this case
Since it is a group case, you may not feel the burden of high costs and the fear of getting hit back by USCIS even though they never do even if you file an individual case.
The decision may take a longer time as the case will be heard in court for all people at the same time. Your individual EAD file may or may not be prioritized by the USCIS.
Usually, individual cases are moved and approved faster by USCIS as they know that they can ask you to withdraw the case immediately if they approved your EAD. This is not true in group cases as the case will not be withdrawn until all the applicants receive a favorable result for their application.
Greg’s Visalaw website has also shared the FAQ to help you decide if you want to join it.
#3 RN Law H4 EAD Group Litigation
RN law group was filing a lot of bundled lawsuits with multiple EAD cases clubbed into one and were getting success in 2020 and early 2021.
As per our current information, they are not filing any new H4 EAD litigation cases. They are currently working with Wasden Banias law firm for a class action EAD lawsuit.
If you are interested in talking to them, you can set up a consultation with the RN law office to discuss your particular situation and check if they would be able to help you.
You can expect your H4 EAD approval in 4 to 120 days after joining H4 EAD litigation.
It varies a lot with the USCIS service center and the lawyers who are assigned from the USCIS side.
Your Green card Application will not be affected by the H4 EAD lawsuit.
It is your legal right to challenge USCIS in federal court if they are not able to finish processing within a reasonable time.
Our suggestion is to file a lawsuit if you are on the verge of losing your job in the next 2 months 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.
We think that filing 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 30-60 days of filing.
The case you file is only for pushing USCIS to speed up the processing of your case.
The result could be approval, denial, or RFE based on the paperwork you have submitted with your EAD application.
Once the lawsuit is filed, the government has 60 days to respond by either processing the I-539/I-765 (EAD) or fighting the lawsuit.
They can also ask for another 60-day extension in court for a response which is rare but legally possible. Hence, the total maximum time to get a result could be 120 days if USCIS does not defend it in court.
Normally, USCIS does not want to deal with the hassle of the lawsuit and instead just settles down by approving the applications before the first summon of 60 days expires.
Once the lawyer files the case in the federal court, the court summons USCIS to respond within 60 days.
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, the lawyer withdraws the litigation.
There is no retaliation or negative effect on your future applications or green card due to this case.
Filing a mandamus case is perfectly legal and within your legal rights in the US.
There is no need to wait until the USCIS normal processing time is over for your H4 application.
You can join H4 EAD litigation as and when you seem it is good for your situation.