DHS Proposes Ending 60-Day Grace Period for H-1B, L-1 Workers

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."

I agree with my colleague on timing and form. One practical pitfall: USCIS routinely misses the 30-day deadline for issuing EAD. If you filed I-765 (c)(8) and 30 days after the 150-day mark have passed with no EAD, file a service request — and if that doesn't work, mandamus in federal court is realistic relief.

To Anna's list I'll add a strategic point: if you're aiming at a green card in the medium term, evaluate your profile for EB-1A and EB-2 NIW now, not later. Both are independent of the employer and have no lottery, but they take several months to assemble (recommendation letters, articles, patents, talks).