RN Law H4 EAD Litigation - USA - Questions & Answers

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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.

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…

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

Hey Anil,
Read through your blog but it did not answer my question -
Is this only for H4-EAD Renewal or new H4 EAD can also join this litigation?

Both, you can email them directly and consult.

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@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,

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.

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?.

I think its better to wait for Biometric appointment letter.


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?

Hi @gauravrai

There is no harm in joining if you are on the verge of losing H4 EAD job.

Note that litigation does not guarantee an approval and it may itself take about 60 days from the date of filing case in the court.

Thanks Anil.

I have a question,I have my h1b Approved under cos on 9th October and today i have received my approval for pending application of H4 .what will be my status now?

Do i need to do anything from my end.


Hi, Is there a way to check if H4 litigation is still effective? Did anyone who filed recently get a response? Thanks.

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.

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.

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.