RN Law H4 EAD Litigation - USA - Questions & Answers

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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 ?

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

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?

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.

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

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.

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

Thanks for sharing. We appreciate it.

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

Thanks for sharing. We appreciate it.

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

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

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?

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.

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

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.

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 .

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.

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.