Discussion in 'H4 employment authorization' started by binu2007, Apr 25, 2015.
Yes, the latest ruling on the OPT STEM case actually strengthens the case for H4 EAD.
Latest article in IRLI's wesbite about the pending lawsuit against H4-EAD
That is a right wing anti-immigration group.
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.
I really don't see that litigation going anywhere.
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
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.
Hi Ron , is there any update with respect to the lawsuit please ? Will this case dismissed ? Getting scared with no one having any updates .
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.
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.
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?
The lawyers of the opposing party (who sued) are giving their clients a reality check as to merits of the case (not good)
It is always reality that odds are very less to win any lawsuit against government whether it is a pro immigration or anti immigration.
anyone with twitter account please help in trending #I140EADAP
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:
Also, do you have any idea when the ruling on the H4 EAD lawsuit is due?
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