EB-1 and TPS — can I apply while my status is pending?

US visas Ask a question
1

I can’t figure out one thing about EB-1. Do you have to file the petition only once TPS has been approved, or can you file it while it’s still pending? Or am I misunderstanding how this works?

2

You can apply for EB-1 while TPS is pending - the two applications don’t conflict. The issue is more this: if TPS gets denied, that could create problems for the I-485 if you file it earlier than 180 days before it’s adjudicated.

6 Likes
3

Thanks — are those 180 days counted from when the I-485 is filed or from when the TPS decision is made?

2 Likes