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H4 and H4 EAD Processing Delays Court Case Summary

H4 EAD Processing Delays Lawsuit – Court Case, User Experiences

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As many of you know with the introduction of New I-539 Form with biometrics for H4 Holders, the processing time for H4 visa extensions and Change of Status applications has drastically increased, even if they are filed with H1B in premium processing. While, there is no legal requirement that USCIS has to process H4 and H4 EAD in premium processing, as a courtesy, USCIS has been doing so for years. But, with the introduction of Biometrics, they are no longer following that courtesy expedited processing for H4 and H4 EAD.  To get an idea of the delays, you can read comments in H4 Biometrics User Experiences with Delays . So far, we had only one H4 Approval with Biometrics reported by user, since the biometrics process.  In this context, few H4 EAD holders have filed a court case last week with support of Reddy & Neuman Law firm on the H4 EAD delays. It is a 20 page document and we will look at the court case details and highlight summary of the key argument points that they have raised in the lawsuit, list out next steps and current status.  At the end we track some of the experiences users shared in comments and to us directly.

Introduction Section in the H4 EAD Delays Court Case Document – Case Build up

  • The  first few pages cover the concepts of H1B, H4, Green Card process and how American Competitiveness in the 21st Century Act (AC21) was enacted and provides provisions for extensions beyond 6 years, including history of H4 EAD rule and how certain H4 Spouses can apply for H4 EAD to work in US.
  • They build up the case saying that H1Bs can work with Pending Receipt, but there is no provision to have H4 holders to work with pending H4 EAD receipt and need physical card to continue to work and there is need for H4 EAD applications to be adjudicated in timely and expedited fashion. They talk about how H4 and H4 EADs were filed concurrently with H1Bs as premium processing and how USCIS processed H4 and H4 EADs in expedited fashion in the past, though not required.

Right to go against USCIS in Court for H4 and H4 EAD Processing Delays  :

To go in court against USCIS, which is a federal agency, for the processing delays case, they state the provision of Administrative Procedure Act, 5 U.S.C 702.  It basically states that if an agency (in this context USCIS) impacts a person adversely due to their actions ( in this case delays in H4, H4 EAD processing), then the individual impacted is entitled for judicial review ( basically go to court and seek justice). Check Official 702 Right to Review at Govinfo.Gov. In this court case, the parties challenge USCIS unlawful delay in processing of H4 and H4 EADs and are seeking the court to order USCIS to comply with law and provide timely adjudication of the petitions filed by the parties in this case.

Administrative Procedure Act 702 - USCIS Agency for H4 and H4 EAD issue

Parties in the Case, Their Situations with Jobs, Insurance, Kids, History of Filings.

The case document describes the list all the four plaintiffs ( persons bringing the case against another – in this case USCIS), who are H4 and H4 EAD holders. It also describes their hardships, situations with the jobs, where some of them are placed on unpaid leave, losing medical insurance, children’s situations We are not disclosing anyone’s specific names or details for privacy sake.  Also, it talks about when the H4 and H4 EADs were filed for all the people involved in the case, and how each of their applications are still pending.

Key Argument Points in the H4 and H4 EAD Processing Delays Court Case :

Below are various key argument points that are put up by the impacted individuals in the H4 processing delays court case against USCIS.  

  • Processing Simplicity, Time duration to process for H4, H4 EAD Applications : One of the key points they raise is H4 and H4 EAD adjudication process is extremely simple and routine one without needing much attention to details.
    • They say that USCIS stated in past that it took them 0.4 hours or 24 minutes to process a I-539 form, which is used for H4 holders extensions.  Also, the EAD application for H4 takes about 0.2 hours or 12 minutes to process.
    • The argument is, when all of these applications are adjudicated together, the facts can be easily checked and it should be minimal effort and historically they were processed together.
    • We have validated the average processing time data on Federal Register on the processing times and it is as in below screenshot. Check Federal Register
USCIS Processing time for H4 EAD Applications Data I539 and I765 forms
  • Biometrics Process for H4 : They talk about the I-539 biometric process for H4 that was introduced by USCIS, which was not required by regulation or statue and it was purely USCIS creation.
  • Initial USCIS Guidance vs. Change in Stance : They raise the point that guidance was given by USCIS in teleconference before introducing biometrics process, where USCIS mentioned that they will process H4 and H4 EAD in expedited manner.  They say that USCIS seems to have changed this policy of expedited processing after March 22.
  • H4 and H4 EAD Processing Delays, Hardships – Jobs, Insurance, etc. : They raise key point that H4 EAD cannot be approved without H4 approval and the current processing time for H4 application is about 8.5 months. Also, the H4 EAD processing time is about 5 months.  
    • With USCIS actions of delay in processing, the argument is that H4 Holders in the case and many others like them will potentially lose jobs, insurance, driving license and it will cause stress on their personal finances and impact businesses that employ H4 holders.
  • Congress Guidance for Processing : As per US Congress expectations, both H4 and H4 EAD applications have to be adjudicated within 30 days, but USCIS is delaying the processing. We have validated the Congress guidance that USCIS should complete the processing within 30 days. See below screenshot, check Govinfo.gov Official Document Congress Rule to Process applications in 30 days for H4 and H4 EAD
  • Administrative Procedure Act :  Federal agencies such as USCIS are required to comply with the Administrative Procedure Act (APA) when they craft regulations, enforce decisions or legislative rules. The argument they put up is based on 5 U.S.C 553, which states that USCIS did not really go through the proper process like 9 Steps US Rule Making, for making some of these decisions for delays.  Check Govinfo.gov 5 USC 553
  • Courts Authority to Invalidate agency actions : The argument says that courts have authority to invalidate USCIS actions like the delays in processing in this case. They give reference to the 5 USC 706 for the same.
  • Immigration Nationality Act : They explain the details of H1B and general immigrant visas and then say that H4 and H4 EAD are non-immigrant benefits as defined in INA.
  • Violation of Administrative Procedure Act for Delays :  They says that the parties in case have been waiting for 78 days and it is unreasonable delay. As per the Administrative procedure act, the applications have to get a decision within a reasonable amount of time. As per congress policy, all non-immigrant visa applications should be decided within 30 days.  
    • They argue based on the also a key point of application Fee. USCIS collects fee for processing of H4 and H4 EAD, based on time of processing. USCIS cannot say that the delays are due to the lack of resources as it is a fee funded process and already factored in and it is their duty.
    • They argue that, USCIS current delays are not due to lack of resources as they have always processed within 15 days for premium processing cases in the past and not much has changed now.
    • They argue that USCIS by any means should not need more than 30 days to process H4 and H4 EAD petitions, the reason is that these are not fact intensive petitions and USCIS review need not be that extensive. They say that USCIS is intentionally delaying the processing of H4 and H4 EAD applications by changing their adjudication policy in a random fashion without proper guidance.

Expected Decision from the Parties in Case against USCIS

The parties in the case are asking court to issue an order to make the agency, which is USCIS, to make a decision on the I-539 forms for H4 Extensions and I-765 forms for the H4 EAD and declare that the delays in H4 and H4 EAD processing is unreasonable.

Next Steps in the Court Case of H4, H4 EAD Delays in Processing ?

Once the complaint is filed, the case is assigned to a judge, summons are issued to the parties, in this case USCIS. In general, the defendant, which is USCIS, has 60 days to respond to the complaint. There could be couple of potential outcomes

  • USCIS could just adjudicate the H4 and H4 EAD applications that are filed by the parties seeking justice for delays.  This is less hassle option for USCIS as they do not have to deal with court and further litigation. The issue with this outcome is that only the parties involved in the case will only get benefit and only their applications will be adjudicated. Update : USCIS picked this approach, see below status update.
  • USCIS Could decide to fight the case and then they need to submit their briefs, and it will be dragged further.  This could take much longer like H4 EAD Rule Removal Lawsuit , but could benefit everyone waiting for H4 and H4 EAD decisions. But, this is a very lengthy process and we do not know how it would work.

What is the current status of the H4 EAD Processing Delays Lawsuit ?

See below for User Experiences Shared with Timelines.

July 2019 : The same RN Law group filed three sets of similar litigations based on H4 Delays Lawsuit in Court. They claim that all the people from the first round of litigation got approvals and few from second round of litigation also seeing approvals. They plan to file more in August as well. Specific details of the case are not available in public domain, hence not able to share official references or specifics. You can listen to their YouTube videos, where they share more info on their channel.

June 24th, 2019 : The attorney website updated that their cases that were part of the lawsuit were approved today. See below screenshot and their website blog post.

H4 EAD Delays Lawsuit by Reddy Neuman Approved Info

Below is a high level case history on the court website as of June 24th, 2019

H4 EAD Delays Lawsuit Court update

It seems litigation may have worked to get all those approvals….We need to see how USCIS will react, if more of these litigations are filed going forward. Maybe other attorneys may pursue other similar lawsuits for the delays as well. The Reddy Neumann law firm is charging $1,800 USD per person to file lawsuit and split court costs of up to $600 USD… Some said they are charing about $2,800, so it ranges between $2400 to $2,800 or more. You may reach out to them, if you are close to losing job, due to this delay, to discuss option to go for the litigation.

User Experiences of H4 EAD Delays Lawsuit / Litigation

NSC – Experience – H4 EAD Litigation #1

Thanks to user ‘KK’ for sharing experience in comments

  • H4 : USCIS received date 19th April — Nebraska Service center.
  • H4 EAD : USCIS received date 29th April — Vermont Service Center.
  • Biometrics completed on 13th May
  • Tried expediting with Congressman and USCIS couple of times and was denied.
  • Filed the Lawsuit with RN Law on 2nd August.
  • H4 : Got approval on 20th August.
    • H4 Approved in 18 days from filing of H4 EAD Litigation
  • H4 EAD : Still Pending

NSC – Experience – H4 EAD Litigation #2

Thanks to user ‘Maharishi‘ for sharing experience in comments

  • NSC – Apr 19 filed
  • Apr -24 h1 approved
  • May 14- biometric done
  • R& N Lawgroup litigation filed on Aug 2 .
  • Aug 20- h4 and h4 EAD status changed to approved and card is in production stage
    • H4 EAD approved in 18 Days from filing litigation
  • Don’e couple or expedite requests with USCIs nothing helped all got rejected .
  • But am guessing it was not approved with litigation may be normal processing but am not sure .. good luck for all …

NSC  – H4 + EAD experience Approved #3

Thanks to user ‘needh4ead‘  for sharing the experience in comments.

  • Nebraska Service Center
  • April 25: H1(PP)+H4+H4 EAD Case Received
  • May 1: H1 Approved
  • May 14: Biometrics
  • We were part of Aug 02 litigation. I guess that has helped here, though not sure.
  • Aug 20: New Card Is Being Produced
    • H4 EAD Approved in 18 Days from filing Litigation
    • NO NEWS ON H4 yet…
    • Receipt: LIN1915751XXX

NSC  – H4 + EAD experience Approved #4

Thanks to user ‘Nebraska‘  for sharing the experience in comments.

  • Nebraska Service Center
  • May 15: H1(PP)+H4+H4 EAD Case Received
  • May 21: H1 Approved
  • June 03: Biometrics
  • H4 Litigation part of R&N law litigation – Second Batch Early July
  • Aug 20: New Card Is Being Produced
    • H4 EAD approved in around 45 Days from Filing Litigation
  • Receipt: LIN191735XXXX
  • Every single day living in the fear of loosing job can be really depressing. Tried to expedite the request twice directly and once through Congressman. Got Denied every time. Also

NSC  – H4 + EAD experience Approved #5

Thanks to user ‘Venkat‘  for sharing the experience in comments.

  • Service Center : Nebraska
  • H1B + H4+H4EAD Filed in Premium : April 11, 2019
  • H1B Approved : April 18, 2019
  • Biometric Appointment: May 1, 2019
  • Expedite request rejected 2 times
  • Joined RN law group litigation(July 5th)
  • Status changed to “New Card Is Being Produced”: August 6, 2019
    • H4 EAD approved after 31 Days after filing litigation.
  • Status changed to “Case Was Approved”: August 7, 2019
    • Waiting for the physical copies
    • H4 Approved after 117 Days from initial application date
    • H4 Approved after 97 Days from Bio-metrics Completion
    • My existing EAD will expire on August 15, received just in time 

NSC  – H4 + EAD experience Approved #6

Thanks to user ‘Nandini‘  for sharing the experience in comments.

  • Applied H4 and on 12th April. H4 EAD on 19th April (H4 to Nebraska center) and H4 EAD to Vermont Center
  • USCIS received on 15th April
  • Both receipts received on April 26 along with Biometric letter
  • Biometric on 7th May
  • Tried expediting with Congressman and USCIS and was rejected.
  • Filed the Lawsuit with RN Law on 19th July.
  • Got approval of H4 on 16th August
  • H4 EAD : ON 21 August New card is being produced.
    • H4 EAD approved after 32 Days after filing litigation.
  • My current EAD expired on June 15th.
  • My EAD card was delivered Aug 28th.

Vermont  – H4 + EAD experience Approved #7

Thanks to user ‘Ravi K‘  for sharing the experience in comments.

  • June 19- H1, H4 and H4 EAD submitted in PP @ Vermont
  • June -20 – H1 Approved
  • July 9th- biometric completed
  • August 16th- H4 Litigation filed through RN law group.
  • August 29th- H4 EAD status changed to New card being produced.
    • H4 EAD approved after 13 Days after filing litigation.
  • August 29th- H4 Status changed to Approved.

Vermont  – H4 + EAD experience Approved #7

Thanks to user ‘Argos‘  for sharing the experience in comments.

  • NSC
  • May 20 – H1B Premium + H4 + H4 EAD
  • May 27 – H1B Approved
  • June 10 – Biometrics
  • Aug 16 – RN Litigation
  • Aug 21 – Fingerprint review completed
  • Sep 05 – EAD expired, terminated from Job
  • Sep 06 – Both H4 and H4 EAD approved
    • H4 EAD approved after 20 Days after filing litigation.

Nebraska  – H4 + EAD experience Approved #8

Thanks to user ‘MayRDNSC‘  for sharing the experience in comments.

  • 5/31: Case received for H1+H4+EAD – LIN19186****
  • 6/6: H1 Approved
  • 6/21: Biometrics done on appointed time
  • 8/2: Litigation filed via Reddy and Neumann
  • 8/8: Government was severed for class action
  • 8/16: Submitted Expedite request to USCIS via call for H4 and EAD in morning
  • 8/16: EAD Expedite request denied n evening
  • 8/20: H4 expedite request denied
  • 8/22: Submitted inquiry/expedite request via Congresswoman
  • 8/24: H4 Status changed to Fingerprint review completed
  • 9/4: Received response from congresswoman office stating the request was denied by USCIS
  • 9/9: Submitted request to ombudsman in evening but same day got approval emails at 11:30 PM
    • H4 EAD approved after 38 Days after filing litigation.
  • In nutshell not sure what worked but i think litigation might have played some role in expediting. Because i saw one approval earlier for RD-5/28 and that was also part of litigation. My previous EAD/H4 is expiring on 9/14 so I barely made it, pheww.. life had become a roller coaster ride. I wish you all very good luck.

NSC  – H4 + EAD experience – Approved #9

Thanks to user ‘H4EAD-1‘  for sharing the experience in comment

  • 06/04/2019–> H1B+H4+H4EAD Applied in PP at Nebraska
  • 06/11/2019–> H1B Approved
  • 06/28/2019–> Fingerprint Review Done
  • 07/19/2019–> Expedited by calling
  • 07/22/2019 –> Expedited Request Denied
  • 07/23/2019–> Expedited through Senator
  • 07/24/2019–> Expedite through Senator Denied
  • 08/02/2019–> Filed Litigation through Rnlawgroup
  • 09/09/2019–> Expedited by calling USCIS again (As of
  • 09/11/2019, request has not yet been to assigned to officer)
  • 09/11/2019–>H4 and H4 EAD status updated to Approved.
    • H4 EAD approved after 40 Days after filing litigation.

NSC  – H4 + EAD experience – Approved #10

Thanks to user ‘RR‘  for sharing the experience in comment

  • May 6 -case received at NSC
  • May 8- H1 approved
  • May 28- completed Biometrics
  • Aug 2- RN lawsuit
  • Aug 24- H4 status changed to “finger print review completed”
  • Aug 31- current EAD expired and employer put me on an unpaid leave for 30 days
  • Sep 5- EAD application changed to “new card is being produced”
  • Sep 6- Both application status changed to approved
  • Sep 10- EAD mail picked up by USPS
  • Sept 12- Received the EAD card.
    • H4 EAD approved after 39 Days after filing litigation.

What do you all think about the H4 and H4 EAD processing Delays lawsuit ?

Reference : H4, H4 EAD processing Delays Official Court Complaint

   

Other Articles

192 Comments

  1. Please do not file H4 litigation with Burgos and Garritson law firm. Based on amtech22 blog, I contacted them to file my H4 EAD litigation case which is pending since 12 months. Initially the attorney Juan Burgos was responding within a minute to all my questions. He mentioned he can file the case within 1-2 days and you can get court summon number within 24-48 hours. The moment I submitted their contracted and payment of $4500, he stopped replying to my emails. Its been a month, all I am chasing them to know whether my case is filed or not and if yes, any acknowledgment from their end.

    Reply

    • Hey Amit,

      I also filled my H4 litigation with Burgos and Garrison law firm on Nov 3rd. No response yet. did you get any response?, I am worried now. Thanks, please share your feedback.

      Reply

    • Burgos and Garritson looks like a bogus law firm. They are just taking money from all of us for filing the H4 litigation and stop responding to email and phone calls once they receive the money. I have filed my litigation in 2021 Dec. Once they received the money they stopped answering the calling and not responding to emails. I have checked in pacermonitor search that lot of cases filed from this law firm and pending for a very long time. I advice everyone not to waste their money by filing litigation cases ( expecially with this law firm)

      Reply

  2. wasden banias lawfirm is collecting data on all pending H4/L2/EAD petitions to help with their case against USCIS.

    Please enter your data here https://www.wasdenbanias.com/h4l2data

    Data shared is private and will not be used without explicit consent.
    The data will help them to demonstrate the delays with actual case timelines.
    Entering the data *does not* mean you are not part of the litigation and have to pay them.

    Reply

  3. https://www.wasdenbanias.com/h4l2data

    Wasdenbanias lawfirm is collecting data for all pending H4/L2 petitions to use in their lawsuit against USCIS. All data entered is private and will not be used without explicit consent. Please fill in your details and let’s help end this nightmare.

    Reply

    • BTW, entering the data doesn’t mean you are part of the litigation now. Data is used to show the court the timelines for the petitions and how USCIS is trying to kneecap the EAD benefit.

      Reply

    • MHH,
      I have not seen anyone talking about the lawsuits. Not sure, if there are any filed…the main reason is the Biometrics issue with COVID.

      Reply

  5. Hi,

    Anybody recently joined RN litigation and got approved H4 and H4EAD?
    We concurrent filing COS H1B/H4/EAD. H1b approved but no update on H4 and H4EAD
    Planning to join the litigation.
    Any leads would be greatly helpful.

    Thanks

    Reply

  7. I want to write my H4-EAD Experience here. I think it will help someone who is waiting for their EAD approval.

    – Applied COS from H1 to H4 on 21st Jan 2020 to Nebraska center
    – Received both I-539 and I-765 receipts on 3rd Feb 2020 along with Biometric letter
    – I tried to expediting the process through my Lawyer submitting all letters from the employer[Financial loss for company letter and personal financial loss letter] on 13th Feb.
    – Biometric has done on 19th Feb 2020
    – on 19th Feb, USCIS has rejected my G-28 form
    – The lawyer submitted it back to USICS on 26th Feb.
    – On 9th March, USCIS has denied my expedite request.
    – On 11th March, I reached out to Congressman. Downloaded their privacy concerns form and explain my situation and why I want to expedite my process and fax it to their office.
    Within 10 minutes I received an email from a congressperson office asking for supporting documents. I sent the same documents to him which used in 1st expedite request.
    He reached out to USCIS and request them to expedite it. USCIS expedite my request on 20th Feb. It took time to expedite because Coronavirus craziness was going on and everyone was working from home.
    – On 22nd March my case status changes to “New Card is being produced”
    – On 24th March status changed to “Case was approved”
    -Now waiting for my card

    Reply

    • 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 .

      Reply

  11. Hi all!

    I applied for H4 COS, H4 EAD and my spouse’s H1B renewal. The receipt date was Jan 15th, 2020. I am planning to file RN litigation so as to avoid employment gap due to delay in EAD processing.

    1. What documents are needed to file RN litigation?
    2. How much time does is take to file the litigation from the time we reach out to the RN guys?
    3. Any other suggestions are welcome.

    Thank you in advance.

    Reply

    • You can send an email to their support email, they will respond or call them. Details are on their website. We have no idea of the documents needed.

      Reply

  13. Hi, I am part of dec 20 litigation from CSC . My h4 is approved on jan 29th but nothing on H4ead yet.

    Aren’t h4 and h4ead supposed to be approved on same day. Did anyone go thru same situation? If so how long after is ur h4 ead is approved.

    Thanks,
    Sri

    Reply

  14. h4 , h4 ead status changed to approved on same date 1/31/2020.
    But I did not see card production ordered. Is it normal or do I need to call USCIS and ask them about card production or tracking number …Please input you suggestions

    Reply

  15. I applied my Extention for H4 and H4 EAD on Sep 11 and had fingerprinting on Oct 1st, still waiting for approval. It’s in California centre. anybody have an update on that timeline

    Reply

    • I am from Dec 6th litigation through RNLaw for Nebraska center. My EAD is expired in January first week. Still waiting for the approval, currently my employer is waiting to rehire me. Not sure how long they hold the patience for!

      Reply

  17. Applied H1+H4+H4EAD on 19th Nov in premium. H1 Approved on 20th Nov. Biometric done on 10th Dec. 1st Expedite the case was denied and second expedite case was 23rd Jan and also denied and my expiring on 2nd Feb.
    Please guide me what i can do to save my job and get the approval.

    Reply

  19. 10/02: Receipt Date
    11/08: RN Law litigation filed
    01/14: Case status Changed to “New Card Is Being Produced”
    11/15: H4 case status changed to Approved.
    Waiting for the card.

    Reply

  20. Hi All,

    Please can some one explain how to do this Ombudsman request properly ,i will lose my job in two weeks have been a part of litigation for nov22 but it seems not working ideally it shoul dbe approved by 21-nov but seeing the comments from sum people feels like thats not the case.
    following question what to put

    Reason for Inquiry/Case Assistance Request:Which one to choose

    I am facing or am about to face an immediate adverse action or impact, an emergency or any other type of significant hardship, caused by an action/inaction/delay in processing by USCIS.
    I am facing a problem that was not resolved through the normal processes provided by USCIS.
    I am experiencing a delay with a case that is beyond the anticipated processing time.

    My case is pending since sep 18

    What documents shall i put like loosing DL ,kids daycare expense , losing job.

    Reply

  22. How does one send an expedited request to USCIS? Just mail them a letter or is there a specific form or do you just call the USCIS 1-800-375-5283? Also, can i speak on behalf of my spouse for h4 Extention /EAD or does my spouse need to be directly talking?

    Reply

      • FYI: I am part of Oct 11th Litigation filed by RN law group and the last day for the US attorney to approve the cases was 12/30/19 (after 1st extension of 15 days). On 12/30/19, the US Attorney chose to fight this case on procedural grounds. They have filed a motion seeking to dismiss the approved cases and sever the remaining cases into their own lawsuits.

        Anyone who is part of the litigation or is planning to join one should keep in mind that the stats on RN law group website about getting approval within 45 days in not true.

        Reply

        • Thanks Kalyan for replying, please keep us posted once your case gets approved. Based on many reviews am thinking to wait rather than to proceed with RN litigation, most of the cases who register wit them will join litigation after 2 or 3 months is filing extension then with litigation. So approximately more or less either ways takes 4-6months for approval

          Reply

        • Kalyan,
          Thanks for sharing. Can you share more details on the procedural grounds ? What does it mean ? What is RN Lawgroup saying on this ?

          Reply

          • Hello Kumar,

            According to RN law group this motion is a tactical method for the federal government to further delay adjudication by attacking the lawsuit in a procedural matter. In their opinion it is unlikely that the judge will grant their motion. It is not a common response to these lawsuits; however, it is an option the government has. Currently, they are working on putting together a opposition to this motion. Don’t have any further detail than this.

          • Kalyan,
            Got it. Thanks for the update. Do let the community know, if you know more info in future on how they will handle it.

        • Kalyan,
          Do you have an idea how many pending cases on Oct 2 litigation batch? Which center is your case in? Please let me know. Thanks.

          Reply

        • HI Kalyan

          Thanks for sharing the info. Do you any further info from RN law group if the motion was rejected or allowed by the judge? Any updates from them at all?

          Reply

        • Hi Kalyan,

          I am part of the Oct 25 lawsuit with my petition still pending at California center. We are currently in first extension. Do you know how many cases are still pending for Oct 11 at California center? Please let me know. Thanks a lot!

          Reply

  24. RD Aug 5th
    Bio Aug 23
    Expedite requests about 4 in Sept and Nov – all denied.
    Litigation Oct 11
    Ombudsman today Morng 10am.
    Case Approved today Evening 4 pm.
    Both H4 and EAD are approved.

    Thank you to Kumar for this blog, it helps a lot. Stressbuster during the wait.

    Reply

      • Sahitya, Which one do you think helps you to get your cases approved-Ombudsman or litigation? Do you have any idea how many more cases have yet to get approval on Oct 11 litigation? Thank you.

        Reply

        • @Anjaly it is about 65% approved cases not sure exact numbers. If you are about 4 months to 5 months from your Receipt date, probably Ombudsman can help..not before 4 months from filing. Before that you should have expedited or contacted Senator/Congressman. Take a look at DHS form 7001 so you will know what they ask for ombudsman. Wait at least 4 months before you approach him.

          Reply

    • Sahitya, did you add any additional documentation to support your case for form 7001. If so could you please let me know what all you added?

      Thanks in advance!

      Reply

      • @Vermonth4Aug, i did not attach doc because my file sz was more than 5 mb. i waited for the ombudsman request number which came after 4 hours, later i emailed my doc..just the copy of RD letter biometri letter, old ead card, offer letter, termination warning letter from my hr.

        Reply

      • Sharing my H4 story :

        Do everything that you can do –

        1. File your H1 renewal 6 months before it’s expiry
        2. Reach out to litigation attorneys for expediting the process for h4 and h4 ead once H1 is renewed
        3. Get in touch with your local Congressman and ask them to send query to Uscis
        4. Get all the relevant letters from your employer validating the financial loss situation if h4 ead doesn’t come on time
        5. Read and participate in the forums posting these issues

        Just few days ago , I was posting query about when would I receive my approvals, and today I have it.

        In short, do everything that’s in your power..

        Affreen

        Reply

  25. Hi All,

    EAd changed to approved on 29th Nov.

    H1,H4 and EAD(renewal) filed in premium – july 24
    H1 approved – August 2nd
    Biometrics- August 8th
    H4,EAD changed to approved- November 29th
    Waiting for physical copies
    No litigation or expedite request

    Reply

  26. Thank you @NebraskaJuly. Great that July 25th you got EAD approved. Your detailed information will certainly help others in waiting. I am Oct 11th litigation waiting for EAD.

    Reply

  27. Dear H4 EAD applicants,

    I have heard that one law group firm is charging around $3K for filing litigation to get the approval of H4 EAD. Instead of wasting $3K, you should follow the below steps to get H4 EAD done very quickly. These immigration lawyers always seek for this kind of opportunity and don’t lose your valuable dollars unnecessarily.

    October 22 2019: My H1, H4 and H4 EAD documents sent to USCIS
    October 23 2019: USCIS received documents and accepted My H1, H4 and H4 EAD in regular processing.

    October 28 2019: USCIS sent receipts of My H1, H4 and H4 EAD.

    November 1st 2019: USCIS sent Bio Metric Notice for H4 with an appointment date 15th November 2019

    November 4th 2019: We did not wait until appointment date and completed Bio Metric and sent the copy of Bio Metric completion to attorney.

    November 4th 2019: Attorney upgraded my H1 to Premium processing with attaching copy of Bio Metric completion.

    November 6th 2019: USCIS accepted my case as premium processing and same day USCIS says that H4 Finger print review was completed with dated November 4th 2019

    November 12th 2019: USCIS approved my H1

    November 13th 2019: Approved H4 and H4-EAD and also ordered the card for production.

    November 15th 2019: Mailed the Approved H4 copy and H4-EAD card.

    Total time: 20 days to get all H1, H4 and H4-EAD done.

    Key Notes: Don’t apply premium right away, first finish finger print as soon as you receive the notice (ASC allows walk-ins) and then you can upgrade premium processing with the copy of finger print completion. So that USCIS will process entire case (H1, H4, H4-EAD) in one shot.

    If you apply premium first place, then H1 approves early it takes few months get the approval of H4 and H4-EAD and we end up paying $3K to greedy lawyers for filing litigations.

    Reply

  28. 07/15: Filed H1B, H4 H4-EAD with Premium processing in CSC
    07/22: H1B approved
    08/07: H4 Biometric Completed
    09/19: Requested for Expedited Processing . USCIS asked for additional documents
    10/02: Request Denied after reviewing the documents
    10/11: RN Law litigation filed
    11/08: Requested Expedited Processing again
    11/12: Expedited Processing request denied
    11/12: Requested assistance from USCIS Ombudsman
    11/14: Case status Changed to “New Card Is Being Produced”
    11/15: H4 and H4-EAD case status changed to Approved.
    11/18: USCIS Mailed new card.

    Waiting for physical copies.

    Reply

  30. My Application for H4 and H4-EAD Received by USCIS on 16-April-2019 and Till Today 11-Nov-2019 they still not approved my H4 and H4 EAD.

    Please Suggest me, what will i do to expedite processing ?

    Reply

  31. I don’t think litigation is helping at all ..
    from past one month there are no approvals.
    Even after 60 days there are cases still pending..
    The cases are taking same amount of time as USCIS..

    Reply

  32. H4 filed in Jul 2019
    Finger print completed in Aug 2019.
    No any update after that. H4 EAD is still pending. Raised expedite request twice and USCIS denied both the times. No idea how to proceed Litigation/ Congressman/ Ombudsman.

    Reply

    • Heard that Ombudsman resigned from her services recently. I do not know what happens if you approach at this point of time. You can still try.
      Congressman – you can check their website and email.

      Reply

  34. Team,

    I filed H4 ead on 12th October ( only h4EAD) and I see that current timelines are 4-8 months. currently I am going for medical treatment which costs around $6000 and I got same in letter format from doctor office. Can I use this to raise a expedite request

    Reply

    • kumar,
      You can try to use that…but, not sure, if they will accept it or not and expedite…many have been turned down unfortunately.

      Reply

  37. Hi,

    My husband changed job in July applied for H1, H4 and H4 EAD at the end of July in Premium processing at Vermont. He received RFE.
    I gave figure prints on Aug 15th. My husbands employer answered the rfe in this week oct 14. So my question is will my H4 processing time starts from my husbands approval date or from the day we applied the visa?

    Reply

    • There is no premium processing for H4, so it does not matter. It will still be processed as if, it was applied normally from the date you applied…

      Reply

        • Hi Munnu,
          My wife’s H-4 extension had the same status when I checked today. Could you please let us know what was the problem in your case and how did you resolve it? Thanks!

          Reply

  39. Why don’t USCIS give 180 day extension period if the H4-EAD is in process? I see some other type of EAD are having automatic 180 extension period.

    I am wondering if it is something that we can petition to USCIS to change, because I cannot think of any valid reason for not including the C26 category along with other EAD?

    Reply

  42. My case was filed for H4/H4EAD with my husband’s premium H1 processing in May 2019 and there is no update. My husband got extension, I lost my job. Do you have any idea, if we wait without filing any litigation, how long it might take?

    Reply

  43. I have to resign from my job because of the delay in processing. I had medical issue going too but they denied the expedite request.

    Reply

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