HACKER Q&A
📣 okidogi

How can we not let US push us away?


We moved to US 2 years ago with my wife quitting her job (I'm holding H1B and my wife H4). Since we arrived, we started dealing with USCIS to get her EAD card (PERM, I140, EAD). The end result? - she still didn't get it.

And even if she gets her EAD card in upcoming weeks, it'll expire in early June. :(

We have tried all sorts of ways to expedite this process (expedite request, expedite request through senator) - nothing worked so far.

We are kind of desperate in the process as we tried all means to stay, but US is kind of pushing us away. We are legal immigrants, but kind of living in US as a second citizen - You cannot work, you cannot get SSN, you cannot get your bank account as you don't have SSN, you cannot build your credit history as you don't earn income. Without H4 application pending, you cannot get/renew your driver license. All sorts of things. So unfair for a woman.

If you check on the USCIS website, the processing time for H4 is 9.5 - 12 months and H4 EAD is 5.5 - 11 months. That is so ridiculous. Not a great gesture of welcoming immigrants.

Just wondering if you have any suggestions - for my wife to be able to get her EAD.

I know there are lots of women are in a similar situation as my wife. If you are suffering from the same problem, you can voice in the comment as well. Just for awareness.

ps.

We have submitted her H4 and EAD extension in Jan (as USCIS only allows 6 months in advance for extension), but considering the current processing time (9.5 - 12 months), it's still a black hole for us to wait.


  👤 disabled Accepted Answer ✓
As a dual US|EU (Croatian) citizen, who is culturally American, you always use an immigration lawyer (no matter the country) for immigration matters. There is just too much on the line and too much risk not to.

For example, I got a Croatian immigration lawyer to handle my case for naturalization to become a Croatian citizen. You find a lawyer by going to the website of the Embassy of your country in Washington DC. There will be a page called "legal advice", and often there will be a downloadable PDF list with lawyers, with their area of practice. You obviously want an immigration lawyer.

Obviously, this is not an endorsement of the lawyer(s) and lawyers can be sketchy. You need to look online to see if the lawyer is painting an overly perfect picture of themselves online and other red flags such as fake counter-reviews (to negative reviews). My lawyer was also involved in an international commerce association (head of it), which meant he had to get along with others, understand complicated law, and get things done.

Alternatively, you may want to look at the Canadian/UK/Australian/Swiss embassies in the US websites for lawyer lists.

But, it is a mistake not to get a lawyer.


👤 fsck0ff
H1B is a non-immigrant visa, you are a temporary worker, not "legal immigrant"

👤 vsskanth
You can sue USCIS. Check wasden baniyas law firm. They've been able to obtain EAD cards for many H4 spouses by going to court over such unreasonable delays.

👤 bigphishy
What country's citizenship do you hold?