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Lawsuit Against H4-ead Rule

Discussion in 'H4 employment authorization' started by binu2007, Apr 25, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Nothing new on the U.S. District Court site. No opinion yet.
     
  2. Kamakazee

    Kamakazee Super Moderator

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    3:30pm EST. Safe to say no injunction is coming?
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The day isn't over yet.
     
  4. Hardik Gandhi

    Hardik Gandhi New Member

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    Hi Ron,
    I am on F1, planning to change to H4 and apply EAD. Since this lawsuit, I am worried that even though judge rules against the plaintiff, if the actual case hearing in the court after a few months, as mentioned by the plaintiff lawyer on his blog, goes in favor of the plaintiff. Is it possible that all EADs will be revoked? and how soon a case is likely to get hearing? I am asking this as I am risking my OPT after graduation.
    Thanks
    Hardik
     
  5. Sailor

    Sailor New Member

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    Hello Ron

    Any update on the 5th circuit case as well as the H4EAD?
     
  6. karthikdreamer

    karthikdreamer New Member

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    Hardik - Why would you risk your OPT after graduation and convert your status? It would be wiser to be on OPT and start working now. You can check the outcome of the case before moving to H4 visa which I presume can be done anytime before your OPT expires.
     
  7. Hardik Gandhi

    Hardik Gandhi New Member

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    Yes Karthik, thats y I am asking this question. I will be eligible for OPT in May 2016. But I dont want to risk my OPT and thats y I am not applying as of now. The only thing is this case can go for a long time and after OPT starts Ill have to wait about 6 months to ocnvert from F1 to H4 and then EAD. thats y considered to apply now while i am in school.
     
  8. karthikdreamer

    karthikdreamer New Member

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    Hardik - Okay. I thought you are graduating this year in which case it would be wiser to use OPT. I think you should finish your credits quickly and apply for OPT and by then, you will know what happens to this pending case. Remember, once you convert from F1 to H4, then it is very difficult to go back to student visa as F1 is not a dual-intent visa (if I may say). My two cents!
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Nothing new with either case as of 12:20 pm PDT Saturday.
     
  10. karthikdreamer

    karthikdreamer New Member

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  11. Hardik Gandhi

    Hardik Gandhi New Member

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  12. karthikdreamer

    karthikdreamer New Member

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    Hardik - I am not sure. You might have to keep checking these forum as we don't have any insight into when the future court hearing dates would be published for this case.
     
  13. rohitsharma

    rohitsharma Junior Member

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    Hello Ron, I am in a precarious situation and would request some inputs.
    My PD is in 2012, I have an approved I140, I got 3 year extension once, and my visa expires in September 12 2015.
    I have not yet applied for H1B/H4 extension.
    My company would be applying for extension sometime in June, or I may also be leaving my current company in June/July timeframe, and submitting a new H1/H4 application in premium [with a new job]

    Questions:
    1. Is there any way my wife can apply for H4 EAD now on the first day itself ? May 26th ? Will they provide EAD only until September 12th ? Or would they provide it for more ? Actually the approval might come after September 12th, in which case the EAD will be denied ?
    2. If Application is submitted now anyway, and in June, I submit either H1/H4 extension, or new H1/H4 (with premium), will it be possible to link the H4 EAD application with it ?
    3. Is there significant advantage of submitting H4 EAD application on May 26th compared to lets say 10 days later ? Will all applications be processed in a first come first serve manner ?
    Thanks!
     
  14. rohitsharma

    rohitsharma Junior Member

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    About Question 11 : Have you ever applied for EAD before ? If Yes, Provide details . Which USCIS office ? Dates ? Granted/Denied - Attach all documentation.

    My wife applied for EAD way back in 2007 but never used it. It was granted/approved.
    What all documentation needs to be provided ? Is the copy of the old EAD Card not sufficient ?
     
  15. msr

    msr Member

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    A copy of the old EAD should be fine. If you can remember USCIS office & Dates, provide it. If not mention the same in a letter to USCIS & provide it as part of the documentation.
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I downloaded and read the court's opinion denying the injunction. Essentially, the court found no evidence of immediate or irreparable harm to the plaintiffs. There was also a strong suggestion, at the start of the opinion, that they failed to establish that they (the plaintiffs) would prevail on the merits. I think you can stick a fork in this one, it's done.
     
  17. Kamakazee

    Kamakazee Super Moderator

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    I agree Ron. The judge clearly stated that the plaintiff failed to show how many H4s will work in IT and in CA. In fact, the judge clearly said that there is no evidence that H4s will work in IT, they can work in retail, finance or simply NOT WORK AT ALL. If I was the lawyer, I would be embarrassed by the court's opinion and withdraw the lawsuit.
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The plaintiff are now going to argue that the rule itself is unlawful - even if they can't show harm. I don't think they have a case.
     
  19. Hardik Gandhi

    Hardik Gandhi New Member

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    Ron.. any idea on future case hearings? I am not applying for COS and H4EAD just because i am playing it safe and waiting for final decision. I am on F1 and dont wanna loose OPT opportunity next year when I graduate.
    Although the document from the judge does suggest that plaintiff dont have a case and DHS will win the case.
     
  20. Kamakazee

    Kamakazee Super Moderator

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    The plaintiff's only standing now will be that DHS does not have the authorization to provide work permits and what they did is an overreach. DHS will have an answer to that. The merits in the lawsuit are weak.
     

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