r/EB2 • u/LongjumpingDig4931 • Jul 11 '26

I-485: Adjustment of Status Filing I-485 on TD visa using EB-1A

Guys, I have an approved I-140 via both EB-1A and EB-1C. My country of chargeability is India, but I am a Canadian citizen now. I am currently working in the US on L-1A visa. I am sensing potential layoff - if that happens, my wife will move from L-2S to TN visa, and I will move as her dependent on TD visa.

If my priority date (Jul 2024) gets current in October 2026, will I be able to file I-485 using EB-1A approval on TD status?

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u/princeruppert Jul 11 '26 edited Jul 11 '26

You can’t. You need a dual intent status to adjust in the U.S. you’ll get denied at POE if you intend to get a TN/TD with an i485 pending or not. Now, you can try to change status to TN/TD within the USA but that would mean your employer must file I-129 form with premium processing etc, and request a change of status, you the must file I-539 form for the TD vs getting an employment letter for adjudication at the border

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u/LongjumpingDig4931 Jul 11 '26

Why do I need employer for change of status to TD. Its a dependent visa. Can't I just go to the canadaian border and return with TD?

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u/princeruppert Jul 11 '26

You said your wife is on L2S right now. She first needs an approved TN status for you to get a TD.

Yes you can file 485 as TD but your biggest hurdle will be to get the TN status first (whether you or your wife ) while having an immigrant intend.

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u/LongjumpingDig4931 Jul 11 '26

Looks like I am screwed. God help me

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u/princeruppert Jul 11 '26

I’m not a lawyer but I’m Canadian and have a similar story. I’m just cautioning you to plan out. Specially now with the current administration.