H4 EAD result awaited - Should i join lawsuit or raise expedite request?

Hi Anil,

We have applied H1B+H4 and EAD in premium on 08/03/2019 (Nebraska Service Center) . And here is the case summary so far:-

  1. Applied on 08/03/2019
  2. Case received receipt for h1b, h4 and EAD on 08/05/2019
  3. H1B approved on 08/08/2019
    4.H4 ASC appointment notice receipt generated on 08/09/2019
  4. Bio-metric appointment given 08/26/2019

Open questions:-
Since my EAD is going to expire on 09/13th and I may loose my job. Also as I don’t know how long it will take for approval so what should I do now? Should I file H4 EAD lawsuit or make an expedite request?

Hi @shruti_samdani

The best option in your case would be to join H4 EAD lawsuit.

But, I don’t think that you will be able to get result before 9/13 with lawsuit either.
So, its your choice.

As far as EAD expedite request is concerned, USCIS is rejecting expedite requests even without giving you a chance to prove your situation.

Hi Anil,

Currently my H4 status shows finger print review completed and EAD as Case was received.
My current EAD expired on 13th Sep.
Lost my Job.

So still can I make USCIS expedite request or file H4 EAD lawsuit. If yes, what all document I need as an additional evidence (if any from my employer specifically)

Hi @shruti_samdani

Sorry to hear about your job loss.

Check this article for list of documents for expedite request:

A post was merged into an existing topic: Is H4 transfer required with H1B transfer?

In general how long it takes to get H4 EAD extesnion to get approve after h4 is approved .

I have applied my h1 extension on September 16 th with my wife’s h4 extension in normal processing and application went to Nebraska SC
on September 25th my wife received mail from USCIS to attend bio-metrics on October 10th. And on Oct 3rd I moved my application to PP and got approval on Oct 9th for 2 years.

My wife gave her Bio-metrics on 10th October. And on October 16th we applied for her H4EAD extension and the application went to Vermont SC.

We tried to raise expedite request on November 20th for H4 EAD and USCIS rejected it. On December 3rd her H4 got approved.

And how long it take for H4 EAD to get approved. It has been two months as we applied for H4 EAD. Thank you for helping us.

Hi @sriharsha001

You can check the current H4 EAD processing time at your USCIS service.

Thanks Anil , I know the processing timelines for each SC ,but the approvals are not based on the time-lines right .Case to case they are different I have seen case of some applicants who have filed in September also have been approved . Base of that I am asking .

Off course, the time varies with each case. Nobody can tell you the exact time when your application will be approved. The link I shared gives you the approximate time and that is the only information we have.

My husband’s H1 extension is applied on May 22 and and got approved on June 12th. His company filed the extension. He had the approval for premium processing but premium processing was suspended at the time when we submitted the application to the company. So not sure if it was upgraded to premium or not.

My H4 extension was also submitted along with his H1 with same receipt date May 22 and is pending with USCIS since then. I haven’t got the biometric appointment yet.

His company didn’t apply my EAD along with his H1. So we had to apply it separately and the receipt date is June 22. My previous EAD was valid till June 22. So I had to go on unpaid leave from June 23.

I am a full time employee with my current employer. They have taken a contractor for 3 months to cover my absence. Her contract is until October 20th. My employer is ready to wait for me until my replacement contractor’s assignment is completed. They may be ready to wait for one or two more months if I can positively say that my EAD will be approved by then.

Do you think joining the lawsuit is a good option in my case.

I am concerned about two things. Please help me with those

  1. I am not sure if my husband’s H1 was processed in premium or not. Is premium processing of H1 a criteria for the litigation

  2. My biometric is not yet done. Will they deny my H4 and EAD as biometric is done by a separate contractor agency and USCIS has less control over them to get me a biometric appointment on priority basis

Please provide me your suggestions. I understand that taking the decision about joining the lawsuit is my responsibility, but I would definitely appreciate your opinion in this case as you have experience with thousands of cases