On August 20, 2018, the Department of Homeland Security submitted its second status update to the court in the H-4 EAD litigation. According to the very brief update:
“Final DHS clearance review of the proposed rule is ongoing, and senior levels of the Department’s leadership are actively considering the terms of the Notice of Proposed Rule Making for approval”
“As previously represented to the Court in prior status reports, DHS’s intention to proceed with publication of an NPRM concerning the H-4 visa rule at issue in this case remains unchanged.”
The OMB review process generally takes a month or longer so it is looking like the proposed regulation probably won’t be published in until late September at the earliest, since it has not even been submitted to OMB yet. You can check the Regulatory Reviews underway with OMB at: https://www.reginfo.gov/public/do/eoPackageMain and select Department of Homeland Security in the dropdown menu.
Regardless of the pending proposal, the H-4 EAD remains available and USCIS continues to approve them. You can continue to file unless and until a final regulation actually takes effect.