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.
Conditions to Join H4 EAD Litigation
These conditions should be met to join the Reddy and Neumann’s 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.
- 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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You can expect your H4 EAD approval in 13 to 60 days after joining H4 EAD litigation.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
- 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.
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.