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Lawsuit Against H4-ead Rule

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

  1. Kamakazee

    Kamakazee Super Moderator

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    Yes, the latest ruling on the OPT STEM case actually strengthens the case for H4 EAD.
     
  2. Krithi

    Krithi New Member

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  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That is a right wing anti-immigration group.
     
  4. Krithi

    Krithi New Member

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    Yes, Ron. I was just reading their document. Since this was filed recently, I thought there would be new, additional arguments. Nothing popped up. But, I am a novice in US immigration matters. So that may be why.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I really don't see that litigation going anywhere.
     
  6. Senram

    Senram Member

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    Many times predictions may be true. But some times predictions could go in other way also. For example DAPA ,OPT extension got unexpected ruling. It is like a prediction of Superbowl( Of course you are predicting strongest team will win). Not always true. Some times when strongest team plays with over confident they tends to lose
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Unlike sports, where a particular team can pull everything together for a single game, law relies on statutes and judicial precedents. In this instance, neither favors the plaintiffs in the H4 litigation.
     
    PDCOM, smartboy and cuckoo like this.
  8. Mira21

    Mira21 New Member

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    Hi Ron , is there any update with respect to the lawsuit please ? Will this case dismissed ? Getting scared with no one having any updates .
     
  9. Senram

    Senram Member

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    I think it will take some more time. Before the year end or at most by Feb 2016. Basically when H1b was introduced by congress in 1991 work authorization was prohibited by that law. But still DHS claims they can give EAD to anyone by Rule making. So far courts gave mostly positive on that. In OPT case lower court accepted that DHS has authority to give EAD to anyone by proper rule making. Of course that was appealed by plaintiffs. In DAPA case court questioned the authority(Of course no rule making process) of DHS and that was accepted by circuit court so far. Further appeals are pending. As usual everyone of pro immigrants are hoping that the case will be dismissed. No news is good news so far. In fact Judge dismissed the motion for dismissal by government. That means nothing.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Things are always moving in the background. This isn't like TV, where the lawyers first interview the client in the morning and are at trial by afternoon. Right now, the government and their lawyers are trying to decide how they want to proceed. I'm sure the lawyers are giving them a reality check as to what is ahead.
     
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  11. Mira21

    Mira21 New Member

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    Thank you ! But still I could not understand what you are trying to say ! Who is being given the reality check ? What does it mean for H4 EAD?
     
  12. cuckoo

    cuckoo Super Moderator

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    The lawyers of the opposing party (who sued) are giving their clients a reality check as to merits of the case (not good)
     
  13. Senram

    Senram Member

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    It is always reality that odds are very less to win any lawsuit against government whether it is a pro immigration or anti immigration.
     
    dec2010 likes this.
  14. Tintu Pathrose

    Tintu Pathrose New Member

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    anyone with twitter account please help in trending #I140EADAP
     
  15. Harsha_82

    Harsha_82 New Member

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    Hi Ron,

    how do you think the fifth circuit’s opinion in the DAPA case about DHS not having authority to issue EAD will affect the H4 EAD lawsuit:
    http://www.law360.com/articles/732204

    Also, do you have any idea when the ruling on the H4 EAD lawsuit is due?
     

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