USCIS Reaches H-2B Cap for Second Half of FY 2026 and Filing Dates Now Available for Supplemental Visa Allocations

Short answer: yes, you should file — but the case needs to be prepared very carefully. The one-year rule under INA §208(a)(2)(B) does exist, but the same statute carves out two exceptions: "changed circumstances" and "extraordinary circumstances."

Form: I-765, eligibility category (c)(8) for asylum applicants. You can file 150 days after your I-589 filing date — this is the "asylum clock." USCIS should adjudicate or issue the EAD within 30 days after those 150 days, so plan on roughly 180 days from I-589 to EAD.

No, that's not accurate. A pending I-130 by itself provides no protection from removal and is not a status. It only establishes the qualifying relationship — it doesn't authorize you to stay.