H4 EAD Lawsuit – Court Case Against USCIS for Delays After Biometric

H4 EAD delays court case against USCIS after H4 biometrics. H1B approved in 15 days with premium processing but not H4EAD. May lose jobs, insurance, driving license.

Written by Am22tech
  By Am22tech      Updated  9 Dec, 19


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.

H4 EAD approvals after Biometric without Lawsuit:

  • 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?

Should I join H4 EAD lawsuit
Should I 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:

  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.

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.

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.

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.


   37 Useful Questions & Answers from comments

  1. 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.

  2. 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.

  3. 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.

  4. 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.

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

    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.

  6. 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

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.