Concurrent filing of I-140 and I-485 means submitting the employer-sponsored immigrant petition and your application to adjust status in the same package, instead of waiting for the I-140 to be approved first.1U.S. Citizenship and Immigration Services. Concurrent Filing of Form I-485 You can do it only when an immigrant visa number is immediately available for your employment-based preference category and country of birth on the day you file. When that condition is met, filing both together lets you apply for a work permit and a travel document at the same time, so you have some flexibility during a wait that often runs for years.
Who Qualifies
The controlling rule is 8 CFR 245.2(a)(2)(i)(C): the I-485 can be bundled with the I-140 only if a visa number is immediately available at the moment of filing.2eCFR. 8 CFR 245.2 – Application If no number is available, the I-485 cannot be filed and you wait.
On top of visa availability, you need to meet three conditions to adjust status through this route:3U.S. Citizenship and Immigration Services. Green Card for Employment-Based Immigrants
- You must be physically in the United States when you file the I-485.
- You must have entered the country through a lawful admission (for example, H-1B, L-1, or F-1).
- Your I-140 must fall under an eligible employment-based preference category, most commonly EB-1, EB-2, or EB-3.
Your spouse and unmarried children under 21 can file their own I-485 applications as derivatives at the same time. Each family member needs a separate I-485 with its own supporting documents and fees. If a child is close to 21, filing concurrently is often the fastest way to lock in age-out protection, discussed below.
How the Visa Bulletin Decides Your Month
The Department of State publishes the Visa Bulletin monthly with two charts: Final Action Dates and Dates for Filing. Each lists cutoff dates by preference category and country of birth. Your priority date must be earlier than the posted cutoff for your category and country to be “current.”
Each month, USCIS announces which chart controls I-485 filing. When USCIS authorizes the Dates for Filing chart, more people can file because those cutoffs are typically later. When filing is restricted to Final Action Dates, fewer people qualify. Check both the Visa Bulletin and the USCIS announcement before mailing your package; the wrong month means rejection.
Your priority date is generally the date your employer filed the labor certification (PERM) with the Department of Labor. For categories that skip labor certification, such as EB-1A (extraordinary ability) or EB-2 NIW (national interest waiver), the priority date is the date the I-140 is filed. That date stays with you and fixes your place in line.
The 245(k) Forgiveness Window
You do not need a spotless immigration record to file concurrently. Section 245(k) of the Immigration and Nationality Act gives employment-based applicants a specific exemption: if you fell out of status, worked without authorization, or otherwise violated your visa terms, you can still adjust status as long as those violations total 180 days or less since your most recent lawful admission.4Office of the Law Revision Counsel. 8 USC 1255 – Adjustment of Status of Nonimmigrant to That of Person Admitted for Permanent Residence
USCIS counts only violations that occurred after your most recent lawful entry. Anything from earlier admissions does not count toward the 180 days.5U.S. Citizenship and Immigration Services. Policy Manual Volume 7 Part B Chapter 8 – Inapplicability of Bars to Adjustment Family-based applicants do not get this exemption. If your violations exceed 180 days since your last entry, though, 245(k) will not save the case.
What Goes in the Package
A concurrent filing is a thick package. At minimum, it includes:
- Form I-140, the immigrant petition filed by your employer (or self-filed for EB-1A and EB-2 NIW).
- Form I-485, your application to adjust status.
- Form I-765, to request an Employment Authorization Document while the I-485 is pending.
- Form I-131, to request advance parole for international travel without abandoning the case.
I-140 evidence has to show the position qualifies under the claimed category and that the employer can pay the offered wage. If the job required labor certification, include the certified Form ETA-9089.6U.S. Citizenship and Immigration Services. Checklist of Required Initial Evidence for Form I-140 Academic transcripts, degree evaluations, and detailed experience letters cover the professional qualifications.
For the I-485, you need a birth certificate, copies of all passport pages showing entries to the U.S., and your I-94. You also need Form I-693, the medical examination report, signed by a USCIS-designated civil surgeon.7U.S. Citizenship and Immigration Services. I-693, Report of Immigration Medical Examination and Vaccination Record Note the timing rule: any I-693 signed on or after November 1, 2023, is valid only while the associated application remains pending. If your case is denied or withdrawn, that I-693 expires and any refiling requires a new exam.8U.S. Citizenship and Immigration Services. USCIS Changes Validity Period for Any Form I-693 Signed on or After Nov. 1, 2023
Every piece of biographical information should be consistent across every form. A name spelled differently on the I-140 and I-485, or conflicting entry dates, can trigger a rejection at intake before anyone reads the merits.
Filing Fees
Each form has its own fee, and wrong amounts cause the entire package to be rejected. For paper filings, the I-140 costs $715 and the I-485 costs $1,440 for applicants age 14 and older.9U.S. Citizenship and Immigration Services. G-1055 Fee Schedule
A change from April 2024 catches people out: Form I-765 and Form I-131 now carry separate fees when filed with the I-485. Before that, they were bundled into the I-485 fee.10U.S. Citizenship and Immigration Services. Frequently Asked Questions on the USCIS Fee Rule Check the current G-1055 schedule for the I-765 and I-131 amounts before filing. For a single applicant filing all four forms, government fees alone run well over $2,000. Multiply that for each family member with a separate I-485, I-765, and I-131. Payment can be made by credit card using Form G-1450, by ACH using Form G-1650, or by personal or cashier’s check.9U.S. Citizenship and Immigration Services. G-1055 Fee Schedule The civil surgeon’s exam is a separate out-of-pocket cost.
After You File
Once USCIS accepts the package and processes the fees, you receive a Form I-797C, Notice of Action, for each form. Each notice has a receipt number for online tracking.11U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action
Biometrics
USCIS schedules I-485 applicants for a biometrics appointment at a local Application Support Center to collect fingerprints and a photograph.12U.S. Citizenship and Immigration Services. Policy Manual Volume 1 Part C Chapter 2 – Biometrics Collection Missing the appointment without rescheduling can stall the case.
EAD and Advance Parole
The biggest practical payoff of concurrent filing is interim benefits. An approved I-765 gives you an Employment Authorization Document (EAD) that lets you work for any employer. An approved I-131 gives you advance parole to travel abroad and return without abandoning the I-485. USCIS often issues these together as a combo card.
For H-1B or L-1 holders, the EAD acts as a safety net. If the sponsored job disappears, you can keep working on the EAD while your green card case continues. Without one, losing an H-1B job can force a departure or a rushed transfer.
Requests for Evidence and Interviews
If USCIS needs more documentation, it issues a Request for Evidence. You generally have up to 84 days (12 weeks) to respond, and missing that window can lead to denial. Employment-based I-485 applicants are frequently granted interview waivers, but USCIS may still schedule an interview when there are identity concerns, criminal inadmissibility issues, fraud indicators, or unresolved questions about how you entered the country.13U.S. Citizenship and Immigration Services. Policy Manual Volume 7 Part A Chapter 5 – Interview Guidelines
Keeping Your Address Current
If you move while the case is pending, notify USCIS within 10 days.14U.S. Citizenship and Immigration Services. How to Change Your Address A change of address with the Postal Service is not enough; USPS does not forward USCIS mail. Update the address directly with USCIS through your online account or by mailing Form AR-11, and include the receipt numbers for each pending application.
Changing Jobs Under AC21
Once your I-485 has been pending for 180 days or more, the American Competitiveness in the Twenty-First Century Act lets you change employers or positions without losing your place in line, as long as the new job is in the same or a similar occupational classification as the one on your original I-140.15U.S. Citizenship and Immigration Services. Policy Manual Volume 7 Part E Chapter 5 – Job Portability After Adjustment Filing and Other AC21 Provisions
To port, you file Form I-485 Supplement J with the new employer’s confirmation of a valid permanent job offer. USCIS rejects Supplement J filed before the 180-day mark.16U.S. Citizenship and Immigration Services. Instructions for Form I-485 Supplement J To decide whether the new position is “same or similar,” USCIS looks at SOC codes, job duties, required skills and education, and offered salary.
AC21 also protects you if the original employer withdraws the I-140 or goes out of business after the petition has been approved for 180 days or more. The I-140 remains valid for priority-date purposes, and you can port to a qualifying new position. Applicants in EB-1A and EB-2 NIW are exempt from the portability requirement because those categories are not tied to a specific job offer.
Premium Processing on the I-140
Premium processing is available for the I-140 but not the I-485. Filing Form I-907 with an extra fee obligates USCIS to act on the I-140 within a set timeframe. As of March 1, 2026, the premium processing fee for all I-140 classifications is $2,965.17Federal Register. Adjustment to Premium Processing Fees
Response times depend on the classification:
- 15 business days for most I-140 categories, including EB-1A, EB-1B, EB-2 (non-NIW), and EB-3.
- 45 business days for EB-1C and EB-2 NIW.
Within that window, USCIS either approves or denies the petition, issues an RFE, issues a notice of intent to deny, or opens a fraud investigation. An RFE stops the clock, which restarts when you respond. If USCIS misses the deadline, it refunds the premium processing fee.18U.S. Citizenship and Immigration Services. How Do I Request Premium Processing A fast I-140 approval does not speed up the I-485, which continues under normal processing, but it gives certainty on the petition side.
Protecting Children Under CSPA
Derivative children who turn 21 before the green card is issued age out and lose eligibility. The Child Status Protection Act provides a formula that can freeze a child’s calculated age below 21.19U.S. Citizenship and Immigration Services. Child Status Protection Act (CSPA)
The formula takes the child’s age on the date a visa becomes available (the later of I-140 approval or the first day of the month a visa number appears in the Final Action Dates chart) and subtracts the number of days the I-140 was pending before approval. If the resulting CSPA age is under 21, the child qualifies. To lock in the protection, the child must “seek to acquire” permanent residency within one year of a visa becoming available, and filing the I-485 satisfies that requirement. Concurrent filing is one of the cleanest ways to meet that deadline because the I-485 goes in immediately alongside the I-140.
Two Risks Worth Understanding Before You File
Leaving the United States while the I-485 is pending, without an approved advance parole document, will generally cause USCIS to treat the application as abandoned.20U.S. Citizenship and Immigration Services. While Your Green Card Application Is Pending with USCIS H-1B and L-1 holders can travel on those visas and return without triggering abandonment. Applicants in other statuses should not leave until the advance parole card is in hand.
The second risk is structural. Because the I-485 was filed before the I-140 was approved, a denial of the I-140 will almost certainly result in denial of the I-485. The adjustment application has no legal foundation without the petition. Any EAD or advance parole issued off the pending I-485 loses its basis as well. That is the tradeoff of filing concurrently: months or years of interim work and travel benefits, weighed against the risk that one adverse decision on the I-140 unwinds the whole case at once.