We have applied for h4 ead, it is in progress for a month. Now if they cancel h4 ead will they return the 440$ application fees? Why are they still accepting applications if it’s going to be cancelled?
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If anything, you seem too flush with money that 440$ isn't a big deal for you.
https://www.prweb.com/releases/2017/03/prweb14127315.htm
Check this out.
These are the same folks who are spearheading hr392 (Immigration voice). If you are a beneficiary of h4 EAD or stuck in backlog, don't hesitate to donate to them.
Moreover I feel they won’t cancel the existing EADs in one shot...it would be something like no more extensions and you can work until it’s valid.
Regulations are written by executive (with the executive power vested in them).
H4 EAD came to being with a regulation. Thus, to take it away - either it has to
1) be litigated and deemed illegal, or
2) get settled out of court between dhs and the suer
3) Or get removed via regulation.
4) write a law to supersede the regulation.
1 is the original suit that save jobs brought to court.
2 is what dhs tried to do with save jobs. Thanks to folks from Immigration voice, they intervened and petitioned court to make them party to the proceedings (so if dhs settles out of court, then they also have to settle with IV, which obviously won't settle).
3 is what dhs has promised the courts they are going to do and what they published in the fall agenda. They will write a regulation and seek comments (which they have no legal obligation to incorporate) and then remove the regulation.
People will sue after the regulation is out. However, note that, the government had the right to make h4 EAD out of this air and has the right to remove it. The only thing you can do is sue them if they didn't follow the full process. All those who promise you we will definitely overturn the regulation in court are giving you hopes not honesty (especially if the government ends up following the law perfectly when writing the repeal regulation).
https://www.uscis.gov/daca2017