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

Join RN Law group H4 EAD lawsuit with $2800 fee. Approval in 13 to 60 days; better chance than expedite req. Biometric completion not mandatory.

Written by AM22Tech Team
  By AM22Tech Team    Updated  3 Jan, 21


Update Jan 3, 2021: RN law group is filing the H4 EAD litigation.

How to Join RN Law H4 EAD Litigation?

As per the users who have already contacted the 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.


Fill USCIS i765 EAD form Online with our App >

If you are interested in joining, you can set up a consultation with the 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 the court cases.

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

Conditions to Join

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. Earlier H4, L2 Biometric completion was required but after Aug 2020, they are accepting cases even if your biometric has not been completed.


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Can L2 EAD Join the RN Law Litigation?

As confirmed by employment-based US immigration attorney, Rahul reddy, you can join the H4 EAD litigation 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.

FAQ

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.

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

Your Green card Application will not be affected by the 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.

Should I Join Litigation for Fast H4 EAD approval?

My suggestion is to join the lawsuit if you are on the verge of losing your job in the 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 the current card’s expiry, you should wait for the result.

If you are on the verge of losing a 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 government 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.

What Happens After Joining the H4 EAD Litigation?

The RN law group files the federal court case and then the summons is generated and sent to USCIS.

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, RN law groups withdraw 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 the H4 EAD lawsuit to avoid answering them in front of a federal judge.

The H4 EAD applications of other people continue to be processed in the 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 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 application.

Why H4 EAD Litigation Is Useful?

The lawyers stress the fact that since all 3 applications for one H1B family present similar facts, there is the 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 the 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 a year if its own approval time of 3-5 months is added to the total at most USCIS service centers.

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

  1. USCIS average time spent on processing a Form I-539 (H4) is 24 minutes.
  2. The 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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Written by AM22Tech Team
  By AM22Tech Team     

Recent discussion on forum

  1. EADLItigation
    EADLItigation

    We have joined this litigation in Jan of 2020 and I wanted to let all non immigrants know that we have still been waiting on this nearly after fourth Months of filing of the litigation and we do not have an ETA from Reddy Newman on this and My wife is on the verge of loosing her Job .


  2. Am22Tech09
    Am22Tech09

    Can anyone share their recent experiences with filing litigation?
    I filed for H4+H4 ead January 9th. My husband’s H1 got approved in April. Gave biometrics on 27th January.
    My H4 ead expired June 12th, still waiting. Requested expedite through Senate and also sent outside processing time request to USCIS. Both responses state:" H4 needs to be approved before".
    Considering whether to join this litigation effort.
    Any help appreciated. Thank you.


  3. anil_am22
    anil_am22

    They are not accepting new cases for litigation as USCIS has now started challenging them in court.

    Update Aug 19, 2020
    They have restarted the H4 EAD cases for both H4 EAD new and renewal applications.


  4. pgupta16
    pgupta16

    Do any case approved in response from RN Law H4EAD litigation from California Service Center, I can see the positive result of litigation from Nebraska and Vermont. Please let me know…


  5. Aneesha
    Aneesha

    Hi Anil,
    My case is a COS from L2 to H4.Will it help me if I join the litigation?


  6. Suresh_Kumar_Patel
    Suresh_Kumar_Patel

    Both, you can email them directly and consult.


  7. Revathi
    Revathi

    @Anil.Gupta I have my H1b approved as consular processing and my company said they will file for a new petion from Consular processing to COS.However my H4 EAD has been expired on Aug 11 and still waiting for the biometrics .If I join this litigation will there be any effect on my new H1?

    Can you please suggest if waiting is the best option here instead of joining litigation.We are worried if something happens to my H1 and I will lose my job.

    Thanks in Advance,


  8. anil_am22
    anil_am22

    You have to take the decision as to which visa type you want i.e H4 + H4 EAD or H1B. You cannot use both at same time.


  9. Nikitha_Cs
    Nikitha_Cs

    Hi,
    we filed for h4 visa and ead renewal on feb 22nd.I had a biometric appointment at sacramento ASC (California service center) on march 18th but was cancelled due to covid. I am still waiting for biometric appointment. Currently on leave of absence from job. Will I be benefited if I join RN Law H4EAD litigation?.


  10. anil_am22
    anil_am22

    I think its better to wait for Biometric appointment letter.


  11. gauravrai
    gauravrai

    Hi,

    We filed for H-1 B, H-4 and H-4 EAD on June 25, 2020. The applications were filed in premium and we got approval for H-1B July 7, 2020. However, we have still not received the Biometric appointment notice for H-4. Shall we join the litigation? Will it help in expediting biometric and further H-4/H-4 EAD?


  12. morningsun
    morningsun

    Hello Anil,
    This is my first time filing and waiting for H4 decision for the past 3 months with no reply from USCIS. I am exploring both the senator route as well as RN litigation .

    In case of senator route, I need to substantiate financial loss to meet the criteria. Is showing the last paystub and showing how much I am losing financially every month a suggested way to prove my financial loss.

    Secondly , if my senator approaches USICS, while waiting for reply or getting denied for expedited request, can I still file lawsuit through RN , or will this be a conflict , since USCIS would have already denied expediting my case.

    Please advise.


  13. morningsun
    morningsun

    Dear All and @anil_am22,
    Can somebody please guide me as to what is needed to to prove that you are in financial loss to fit into the expedite criteria . If anyone of have similar experience, please share , so I can do the same in response to my senator’s office.


  14. anil_am22
    anil_am22


  15. morningsun
    morningsun

    Thanks so much for the link . Any recommendation on what kind of documents add weightage for financial loss. Since this is the first time H4 & EAD , I am not sure what to provide . Any suggestion is welcomed.


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