Enter on a tourist visa and file EB-1 with AOS?

Community answers

The answers below are translated from the original Russian - the language of the community chats.

• If you enter on a tourist visa, you cannot work. At all. Until you get approval on EB-1 and a work permit - this takes at least several months after entry, plus processing time and possible RFE.

• The visa application has a question about immigration intentions. As far as I know, they formally begin with the submission of DS-260 (consulate) or I-485 (within the USA).

• You can file I-485 only if the date in the bulletin is current or earlier than your priority date. Concurrent filing of I-140 + I-485 is possible with EB-1 while the category is current.

The answers are anonymized community experience from the public chats, not legal advice. Officers may decide similar cases differently.

Sources

• USCIS Policy Manual, Volume 6, Part F, Chapter 2
• USCIS: the EB-1 category
• Form I-140 on uscis.gov

Related on this site

• The 2026 USCIS memo on AOS
• Adjustment of status (I-485)
• AOS vs consular
• I-485 with I-140
• An EB-1 or NIW I-485 from U4U parole

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