RN Law H4 EAD Litigation – Join Court Case for Fast Approval?

Join RN Law group H4 EAD litigation after 30 days of filing i539. Better chance of approval than expedite request. Cost is $3k+. Approval in 13 to 60 days.

Written by Am22tech
  By Am22tech      Updated  31 Jan, 20

  49    


RN law group has continued to file more H4 EAD lawsuit after the first one they filed around June 2019.

They file a new case almost every month by clubbing multiple H4 EAD applications who have waited for at-least 30 calendar days after filing dependent extension (H4, L2 using form i539).

How to Join RN Law H4 EAD Litigation?

As per the users who have already contacted 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 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.

Should I join H4 EAD lawsuit
Should I join H4 EAD lawsuit

Conditions to Join H4 EAD Litigation

These conditions should be met to join the Reddy and Neumann’s H4 EAD litigation:

  1. Your H4 or L2 application (form i539) should have been pending for at-least 30 calendar days after the USCIS receipt date.
  2. 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.
  3. H4, L2 Biometric should have been completed.

The 30 days period starts from the USCIS receipt date and not the Biometric completion date.


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How long it takes to get H4 EAD Approval after joining litigation?

You can expect your H4 EAD approval in 13 to 60 days after joining H4 EAD litigation.

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.

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.

Is Litigation a better option than filing H4 EAD Expedite Request?

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.

Who Does the H4 EAD Litigation Target in Federal Court?

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 goverment rules, USCIS should be able to give a decision on H4 applications within 30 days of filing.

Is H4 EAD approval confirmed within 60 days of joining Litigation?

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.

Will my Green Card Application be Affected by H4 EAD Lawsuit?

Your Green card Application will not be affected by 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.

What Happens After Joining the H4 EAD Litigation?

The RN law group files the federal court case and then the summons are generated and sent to USCIS.
USCIS needs to respond to summons within 60 days. Usually, USCIS opts to approve the case instead of arguing in courtroom. Once USCIS approves your H4 and H4 EAD, RN law groups withdraws the litigation.

Does RN Law Group H4 EAD litigation Help People who Did not join it?

The litigation only helps people who joined it. USCIS only approves the applications that are part of H4 EAD lawsuit to avoid answering them in front of federal judge.
The H4 EAD applications of other people continue to be processed in regular queue.

Does Litigation Challenge DHS H4 EAD Revocation?

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.

Is there a Way to get H4 EAD approval in Premium with H1B?

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.

Do I need to wait till USCIS normal processing time is over to join Litigation?

There is no need to wait till the USCIS normal processing time is over for your H4 application. You can join H4 EAD litigation after 30 days of filing H4 and H4 EAD application.

Can L2 EAD Join the RN Law Litgation?

As confirmed by employment based US immigration attorney, Rahul reddy, you can join the H4 EAD litigation for your L2 EAD case.

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 & L2 dependents.

H4 EAD Litigation Claims

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.

With H4 processing times of 5 to 8 months, H4 EAD can take up-to an year if its own approval time of 3-5 months is added to total at most USCIS service centers.

RN Law groups claims that USCIS actual processing time are quite low as per official data and hence, USCIS should be able to approve all cases within reasonable time:

  1. USCIS average time spent on processing a Form I-539 (H4) is 24 minutes.
  2. 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.


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   49 Useful Questions & Answers from comments



  1. Srinivas
    Srinivas 23 Jan, 20 at 6:15 pm

    @disqus_wVtBGfPaoS:disqus I am on same boat with same timelines. do you have any update yet?


  2. Babu
    Babu 23 Jan, 20 at 6:15 pm

    Has USCIS increased the time taken to approve the case even after court case is filed (from 10-15 to 60+days now) ? Has USCIS started to fight any case in court till date ?


    • Anil Gupta
      Anil Gupta 23 Jan, 20 at 6:15 pm

      Many people have reported that USCIS is now taking 60+ days in some cases which are part of this litigation.


    • Manish
      Manish 31 Jan, 20 at 4:25 pm

      US attorney is using delay tactic and filing motion against the lawsuit. Currently, there are 4 different lawsuits (filed by RN law group) on which the US attorney has filed motion


  3. Anjana
    Anjana 15 Jan, 20 at 9:29 am

    I filed litigation on November 8th batch . My case is still pending. Currently, 20 cases are pending. Also heard that there are pending cases on Oct 11 batch and Oct 25 batch. Any possibility that those pending cases not being approved through litigation? What happens if USCIS decide to fight the case?


    • Manish
      Manish 23 Jan, 20 at 6:15 pm

      Hello Anjana,

      I am part of Oct 11th batch and based on regular conference calls with RN law group there is a slim chance that USCIS will fight the case. This is basically a delay tactic by the US attorney. Hopefully your will get approved soon.


      • Anjana
        Anjana 23 Jan, 20 at 6:15 pm

        Hi Manish,
        My case got approved. Thank you for your reply.


  4. Alok Chandar
    Alok Chandar 15 Jan, 20 at 9:29 am

    Hi Anil. I applied for H1 extension in premium + H4 extension + H4 ead renewal together , with Fragomen. Applications were filed on 21 Oct 2019 at California service center. Got H1 approval 22 Oct 2019. Biometric done on Nov 12 2019. As of today Jan 9 2020 no update except “finger print has been taken “ for H4 extension and “my case was received “ for EAD renewal,on uscis website. My wife’s H4 EAD expires on 4 March 2020.. not sure if I should seek Fragomen help or join lawsuit with RN group .. any suggestions?


    • Manish
      Manish 23 Jan, 20 at 6:15 pm

      The processing time (which is very variable) is around 6-8 months for CSC. You can try to expedite your case by calling USCIS or get the office of Ombudsman involved (https://www.dhs.gov/case-assistance). If both the methods don’t work then you should join the RN law group litigation. Currently, even after joining the litigation there is no guarantee that you will receive approval within 60 days as the US attorney’s are fighting the litigation using procedural motion which delay’s the litigation


  5. Kiran Pothuri
    Kiran Pothuri 8 Jan, 20 at 1:41 pm

    I have gone through the cases filed by law group, now USCIS are fighting back. please check docketing system yourself. When USCIS filing motions, law group is simply asking for extension. I have screenshots from the docketing system.


  6. H4SN
    H4SN 11 Dec, 19 at 10:38 am

    Hello Anil,
    Do you know if anyone as applied for the litigation for CSC? Do the applicant have to be in attendance if the case comes to the floor?

    Any idea if the company provides a letter of loss to their business, is that a strong valid point for expediting the application?

    Thank you!


    • Anil Gupta
      Anil Gupta 16 Dec, 19 at 2:38 pm

      You do not have to appear in court as far as I know. Till this time, as reported by the attorney, USCIS has not contested any of the lawsuits and has simply approved the H4 EAD.

      This means that case is closed without a single hearing. The normal time that Reddy and Neumann have told is about 60 days.


  7. sree kishore
    sree kishore 6 Nov, 19 at 1:46 pm

    I have applied for my spouse H4 and EAD during my H1B extension, my spouse has not worked in the US before, is she eligible to file.litigation? Her H4 was applied on 10/01/2019, I got my H1 approved, biometrics is complete as well.


  8. Aman
    Aman 5 Aug, 19 at 6:05 pm

    Hi Everyone
    Has anyone applied for litigation through Reddy ?
    I don’t have approval copy of I140, can i still apply for litigation ?


    • Anil Gupta
      Anil Gupta 5 Aug, 19 at 6:13 pm

      Have you applied for H4 EAD? What did you use as a proof of i140 if you dont have one?


      • Aman
        Aman 5 Aug, 19 at 7:05 pm

        My employer filed it for me. They didn’t disclose I140 number.


        • Aman
          Aman 5 Aug, 19 at 7:05 pm

          And yes I applied for H4 EAD


          • Anil Gupta
            Anil Gupta 5 Aug, 19 at 7:15 pm

            You can join lawsuit then.


        • Anil Gupta
          Anil Gupta 5 Aug, 19 at 7:15 pm

          Check with RN law group then. They might require i140.


  9. Swapnil Deshmukh
    Swapnil Deshmukh 3 Aug, 19 at 6:42 pm

    Participated in 2nd lawsuit filed by RN lawgroup on July 5th.
    Here is timeline:

    H1B premium + H4 & H4 EAD extension at Nebraska center
    Filed date: April 3rd
    H1B approved: April 10th
    Biometric: April 23rd
    Lawsuit filed: July 5th
    H4 and EAD approved: August 1st


    • Anil Gupta
      Anil Gupta 3 Aug, 19 at 6:43 pm

      Thanks for sharing. We appreciate it.


  10. Madhuri
    Madhuri 18 Jul, 19 at 2:46 pm

    I got H4 EAD approval after my biometric appointment.
    Vermont center
    Filed date: May 16,2019
    Biometric appointment: June 13, 2019
    Approval date: July 16,2019


    • Anil Gupta
      Anil Gupta 18 Jul, 19 at 7:19 pm

      Thanks for sharing. We appreciate it.


  11. Ramya
    Ramya 15 Jul, 19 at 9:51 am

    Anil,
    I probably asked in some other forum on the site, but asking here makes sense. So apologize if my situation/question is a repeat.
    My applications for h4 and H4 EAD are separate. Will joining the litigation be helpful for me?
    My expectation is through litigation my H4 (Apr 16, NSC) be approved at least and then I can wait on EAD (May29, Vermont)

    Any suggestions will be helpful for me to decide.
    Thank you


    • Anil Gupta
      Anil Gupta 15 Jul, 19 at 5:54 pm

      I don’t think you will benefit from joining litigation.
      I suggest to wait.


  12. Madhurima Singh
    Madhurima Singh 10 Jul, 19 at 1:12 pm

    Hi Anil ,
    Did any one got approved from Nebraska service center or not ?. Any one (Nebraska service center ) from the four litigants were part part of the lawsuit of immigration girl or RNlaw group got approved or not ? Thanks in Advance


    • Anil Gupta
      Anil Gupta 10 Jul, 19 at 7:19 pm

      RN law group confirmed in one of their videos that they got H4 and EAD Approval from Nebraska as part of their litigation.

      No one from outside litigation has reported any EAD Approval yet from Nebraska.


      • Madhurima Singh
        Madhurima Singh 10 Jul, 19 at 10:36 pm

        Thank you so much


  13. HD
    HD 9 Jul, 19 at 11:46 am

    Hi Anil,

    I have been following you on other forum for H4 EAD tracking. My spouse receipt date is April 10th. I have seen in your forum that EAD’s are being approved from may as well at california center. Is it recommended to reach out to the USCIS about it?


    • Anil Gupta
      Anil Gupta 9 Jul, 19 at 12:38 pm

      You cannot contact USCIS unless your case receipt date has passed the date mentioned on official USCIS case processing time page.


  14. Fun Loving
    Fun Loving 28 Jun, 19 at 3:09 pm

    Can L2 EAD delays also join the case?


    • Anil Gupta
      Anil Gupta 28 Jun, 19 at 3:18 pm

      I don’t think they have included L2 EAD in this lawsuit.


  15. Sindhu
    Sindhu 27 Jun, 19 at 12:52 am

    I saw your tweet today that in fact all the four litigants had their H4-EADs approved.. Is this true? I was not able to find any information on immigration girl or RNlaw group about it? Can you please confirm. thanks


    • Anil Gupta
      Anil Gupta 27 Jun, 19 at 6:40 am

      I corrected the news in above article as i could not verify if all 4 H4 EAD were approved.

      In the first line above, i have mentioned that some (not all) are approved.


      • Ramya
        Ramya 27 Jun, 19 at 3:26 pm

        Yes I got a confirmation that 2 of them were approved.


        • Anil Gupta
          Anil Gupta 27 Jun, 19 at 4:34 pm

          Which centers? Can you share?


          • Ramya
            Ramya 28 Jun, 19 at 3:09 pm

            I asked about the centers but they did not reveal about them.


            • Anil Gupta
              Anil Gupta 28 Jun, 19 at 3:09 pm

              Thanks. No problem. I have a fair bit of idea.


  16. Ramya
    Ramya 25 Jun, 19 at 8:55 am

    Hello Anil, are there any cases from nebraska center that got approved as part of this lawsuit?


    • Anil Gupta
      Anil Gupta 25 Jun, 19 at 9:08 am

      We are not sure if Nebraska approved any case as part of this lawsuit. RN law group has not shared the detail.

      We will update as soon as we have more information.


      • Ramya
        Ramya 25 Jun, 19 at 9:19 am

        Thank you Anil. My application was with nebraska center with receipt date of march 29th but still there is no update. So I’m thinking of joining this lawsuit as my ead expires on july17th. So just curious if there would be any use if none of those cases are from nebraska.


        • Anil Gupta
          Anil Gupta 25 Jun, 19 at 9:30 am

          I understand that you are in a critical situation. I can only suggest based on the information we have.

          At this time, no one has reported an approval from Nebraska to us directly on any of our groups. We are connected with 5k H1B users at this time.

          I will update the H4 EAD approval from Nebraska and California on this page as soon as i hear anything.


          • Ramya
            Ramya 25 Jun, 19 at 9:30 am

            Thank you


          • Ramya
            Ramya 25 Jun, 19 at 2:07 pm

            One more question Anil. Does joining this litigation cause any problem while applying for H1B or while applying for H4 and H4EAD extensions in future?


            • Anil Gupta
              Anil Gupta 25 Jun, 19 at 3:32 pm

              I do not see an issue as such. In USA, government agencies do not retaliate. If that was the case, other people would have not filed it at first place. They are also on H1B and H4 visa in US.


  17. Swapnil Deshmukh
    Swapnil Deshmukh 24 Jun, 19 at 6:04 pm

    Hello Anil, If I decide to join the litigation, do I have to find the co-plaintiff or I will be pooling with existing members?


    • Anil Gupta
      Anil Gupta 24 Jun, 19 at 6:36 pm

      You don’t have to find anyone yourself.
      As per our information, RN law group will pool you with other people who have also applied to join this lawsuit.


  18. Puji
    Puji 11 Jun, 19 at 1:22 pm

    Hello Anil, Do you think if USCIS decides to fight the case, It will adversely effect the ones on the lawsuit?


    • Anil Gupta
      Anil Gupta 11 Jun, 19 at 1:58 pm

      No, there is no adverse effect on the people who join the lawsuit. USA is a free country and they do not retaliate if you challenge the government.

      You are safe.