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 is the process for joining the lawsuit? Send an email to This email address is being protected from spambots. You need JavaScript enabled to view it. saying you are interested in joining the lawsuit. The H-4/EAD Litigation Questionnaire will be sent to you. Please fill out the questionnaire as accurately as possible and attach all requested documentation. Once we receive all information from you, our team will send you a Legal Services Agreement to sign. You will also have to pay the legal fee at that time. Once our team has the questionnaire, all documents, the signed Legal Services Agreement, and payment from you, we will begin to incorporate your information into the lawsuit.

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.

Please feel free to contact the Litigation Team at This email address is being protected from spambots. You need JavaScript enabled to view it., or visit www.rnimmigrationlitigation.com, if you want to get more information about the H-4 and H-4 EAD litigation, as we will continue to file lawsuits against USCIS for unreasonable delays. These delays continue to impact legal immigrants financially and career-wise, and we plan to fight these delays to continue to fight for fair and timely processing especially since these delays can cause the H-4 EAD holder to lose their jobs.