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 (Available)
You can approach any federal court lawyer to file this case individually for you.
AM22Tech has worked out a price with one of the qualified attorneys in Texas. They can file cases anywhere in the US based on your residence location.
We introduced them earlier in Aug 2021 on our WhatsApp groups and held a 1-hour free consultation too, especially for our members.
We are happy to share that multiple cases filed since Aug 20 have already received their EAD approvals.
We will keep sharing the information here as we hear about them:
- Sep: 1 case from got approval in first week of Sep.
- Oct: 1 case filed in Sep got approval.
- Sep: Five (5) case approvals in Sep for cases filed in Sep itself. filed in Aug third week got approved in first week of Sep.
- Oct: 2 case approvals for case filed in Sep third week week and in Oct.
- Sep: 1 Case Approved.
- Oct: 3 Cases Approved.
- Sep 21: Case filed in Sep second week got approved in Sep third week.
Cases have also been filed in Wisconsin, Virgnia, Nebraska, and other states. We will update once they receive the case updates.
One of the H4 EAD cases got approval in 4 days after filing the case in Texas:
- Our affiliate attorney filed case within 1 day of our member signing up.
- The case was filed in Texas federal court as mandamus case asking USCIS to process it within 60 days.
- Case filed in second week of Sep 2021 and EAD Approved on 4th day after filing the case.
This may sound optimistic but 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.
If you want to file a case for your H4 or L2 EAD if it has been pending for more than 4 months, we suggest reaching out to the attorney and they will devise a strategy for your case.
- Cost: $4,402 (Attorney Fee $4000, Court Fee $402) – ACH or Credit/Debit card accepted. Credit card transaction charges are charged extra which can be avoided by paying through ACH.
- Time to file: 2-10 working days based on how fast you make up your mind and submit documents.
- Result Time: 4-120 days. Usually, attorney will try and talk to USCIS attorney and ask to move your EAD case fast to get rid of this mandamus case in court within 4-60 days.
- Attorney: Lucas Garritson
You can send us an email at firstname.lastname@example.org or ping us on WhatsApp to connect you to the attorney directly for faster processing and a 15-minute free consultation if you decide to sign up for the case. The regular price for this consultation is $100.
If you want to talk to the attorney before committing to the case filing, you can book attorney consultation here and this price will be reduced from the final case payment for AM22TECH members.
Conditions to Join
These conditions should be met to file the 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.
- Biometric status does not matter.
Fill USCIS i765 EAD form Online with our App >
Can L2 EAD Join the Litigation?
You can file a mandamus case individually 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.
#2 Greg Siskind EAD Group Litigation (Available)
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 10 to 60 days after joining H4 EAD litigation.
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 H4 EAD application response is confirmed within 10-120 days.
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 result could be 120 days if USCIS does not defend it in the 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.
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 applications.