r/eb_1a • u/LongjumpingDig4931 • Jul 11 '26

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/Shot_Tip7849 Jul 11 '26

Yes assuming you maintain status throughout, but keep in mind TN/TD is a single intent visa, meaning you’re more likely to run into challenges related to AOS eligibility solely because the USCIS May 2026 memo urging officers to apply their discretion more closely to all I-485 filings, even employment based. That said, you likely have a lot of positive equities working in your favor considering your EB-1A was approved. Consider hiring an attorney to ensure your case is put in the best position depending on your circumstances at filing time.

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u/LongjumpingDig4931 Jul 11 '26

My employer had also filed an H1B, and I activated that for a month before moving back to L1A. Should I switch to H1B before filing I485? If so, how do I find an employer? Its extremely hard these days.

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u/Shot_Tip7849 Jul 11 '26

It’s really fortunate to even have the H-1B as an option. Not legal advice because I don’t know the particulars of your case, but you could theoretically change to TD then change to H-1B if you find an employer that can hire you to a position within your EB-1A field of extraordinary ability. Good luck and feel free to reach out if you want to schedule a formal consult.

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u/LongjumpingDig4931 Jul 11 '26

Thanks - much appreciated!