H-4/H-4 EAD Litigation FAQ's
Am I eligible to join the H-4/EAD lawsuit? If you have filed an H-4 and H-4 EAD application that has been pending with USCIS for over 30 days, you are eligible to join the lawsuit. It is our argument that Congress’ intent was for USCIS to adjudicate all nonimmigrant visa petitions in 30 days.
What documents will I need if I want to join the lawsuit? You will need to provide the H-4 and EAD receipt notices, the spouse’s H-1B approval notice, the spouse’s I-140 approval notice, and your prior H-4 and EAD approval notices (if applicable).
My H-4 & EAD applications have been pending for over 30 days but I just finished biometrics/fingerprints 10 days ago. Can I still join the lawsuit? Yes, even if you recently completely biometrics, if the H-4 and EAD applications have been pending for over 30 days you can join the lawsuit.
If I sue the government, will this affect my spouse’s H-1B or green card application? No, it is illegal for the government to retaliate for exercising your constitutional right to sue in court.
What happens after the lawsuit is filed? Once the lawsuit is filed, a “summons” will be issued and will have to be served on the government. This means that the government is notified of the lawsuit. Once the government has been notified, they have 60 days to respond to the lawsuit, either by adjudicating the applications or fighting the lawsuit. Typically, we’ve seen that the government does not want to deal with the hassle of the lawsuit and instead settles by approving the applications. We can’t guarantee an approval but we are forcing USCIS to take action on the application.
How long does it normally take for USCIS to adjudicate the H-4 and EAD applications after a lawsuit has been filed? Times may vary, but we have seen approvals anywhere between 13 and 60 days after filing a lawsuit.