Concurrent filing of Forms I-140 and I-485 may allow an eligible employment-based applicant to begin adjustment of status before USCIS approves the immigrant petition.
It is available only when a visa number is immediately available under the chart USCIS authorizes for that month and the applicant satisfies every other adjustment requirement.
What Concurrent Filing Means
Concurrent filing generally occurs when Form I-140 and Form I-485 are submitted together. It can also include filing the I-485 while an I-140 remains pending.
Employment-based applicants do not always need to wait for I-140 approval. If a visa is immediately available, the I-485 may be filed with the I-140, while the petition is pending or after approval.
Concurrent filing does not merge the forms into one application. USCIS evaluates the I-140 petition and each I-485 separately. Denial of the underlying I-140 normally eliminates the basis for the related adjustment applications.
Visa Availability and Priority Dates
Before filing, the applicant must know:
- the employment-based category;
- the country of chargeability;
- the priority date; and
- which Visa Bulletin chart USCIS authorizes that month.
For a PERM-based case, the priority date is generally the date the Department of Labor accepted the labor-certification application. For a category that does not require PERM, it is generally the date USCIS properly received the I-140.
The Department of State publishes Final Action Dates and Dates for Filing. USCIS separately announces which table employment-based adjustment applicants may use each month.
A date must generally be earlier than the published cutoff. Looking only at the Department of State bulletin without checking USCIS can lead to rejection.
In November 2026, for “All Chargeability Areas Except Those Listed,” EB-1 is Current, while EB-2 and EB-3 have cutoff dates. Eligibility therefore depends on the applicant’s individual priority date.
What Can Be Filed With the I-485
The principal applicant may submit:
- Form I-485;
- Form I-693 medical examination;
- Form I-765 for employment authorization;
- Form I-131 for Advance Parole; and
- supporting civil and immigration documents.
Each eligible spouse or child must file a separate I-485 and pay the applicable fee. Derivatives also need their own supporting documents and, when requested, individual I-765 and I-131 applications.
Since December 2024, applicants required to submit Form I-693 generally must include it with the I-485. The former “60-day rule” should not be used. Under current policy, the medical examination is generally valid only while the application with which it was submitted remains pending.
The medical exam should be completed close enough to filing that the correct form edition and required medical information remain current.
EAD and Advance Parole
A pending I-485 does not automatically authorize employment. The applicant must continue working under valid nonimmigrant authorization or receive an EAD.
Form I-765 costs US$260 when connected to an I-485 filed with the fee on or after April 1, 2024. Form I-131 generally costs US$630. These fees are no longer included in the I-485 charge.
USCIS may approve the EAD and Advance Parole separately. Applicants should not assume they will receive one “combo card” within a fixed period.
Leaving the United States without Advance Parole may cause abandonment of a pending I-485 unless a specific exception applies, including certain travel by eligible H-1B or L-1 nonimmigrants. Travel should be evaluated before departure.
Maintaining Nonimmigrant Status
A pending I-485 generally places the applicant in a period of authorized stay, but it does not itself create a new lawful nonimmigrant status.
Maintaining H-1B or L-1 status can provide an important backup if the I-140 or I-485 is denied. It may also offer more predictable work and travel options than relying solely on adjustment-based documents.
O-1 and TN holders require particular care because international travel, immigrant intent and future admission can raise category-specific issues.
Retrogression After Filing
If the priority date retrogresses after a properly filed I-485, USCIS can continue processing parts of the case but cannot grant permanent residence until a visa number becomes available again.
The I-485 generally remains pending. Valid EAD and Advance Parole documents may continue to be used and renewed according to their rules.
Retrogression does not guarantee that interim benefits will be approved or renewed. The applicant must continue satisfying all applicable requirements.
Job Portability Under AC21
For employer-sponsored cases, an applicant may request portability after the I-485 has remained pending for at least 180 days if the new permanent job is in the same or a similar occupational classification.
If the I-140 is still pending, USCIS must ultimately approve it before approving the portability request. The new position must be bona fide and satisfy the applicable requirements.
Portability is not simply permission to accept any job after 180 days. It also operates differently for self-petitioned categories such as EB-1A and EB-2 NIW, which are not based on one employer’s permanent job offer.
Government Filing Fees
Current general fees include:
| Filing | General fee |
|---|---|
| Form I-140 | US$715, plus applicable Asylum Program Fee |
| Form I-485, age 14 or older | US$1,440 |
| Form I-765 linked to a post-April 2024 paid I-485 | US$260 |
| Form I-131 for Advance Parole | Generally US$630 |
| I-140 Premium Processing | US$2,805 |
The Asylum Program Fee for I-140 is generally US$600 for a regular petitioner, US$300 for a small employer or self-petitioner and US$0 for an eligible nonprofit.
Premium-processing deadlines depend on the I-140 classification. It is not universally 15 calendar days. EB-2 NIW, for example, uses a 45-business-day action period.
Fees should be checked immediately before filing.
Common Filing Mistakes
The first mistake is using the wrong Visa Bulletin chart.
The second is assuming that an approved or pending I-140 alone permits the I-485. A visa must be available under the applicable table.
The third is omitting the I-693 or using an outdated form edition.
Another error is believing that EAD and Advance Parole are free or automatically issued with the I-485.
Applicants also overlook separate I-485 packages and fees for every derivative family member.
Finally, allowing nonimmigrant status to expire without understanding the consequences can remove a valuable backup strategy.
Concurrent vs. Sequential Filing
| Factor | Concurrent filing | Sequential filing |
|---|---|---|
| Visa availability | Required at I-485 filing | I-140 can proceed without current priority date |
| I-140 decision | Still pending initially | Usually known before I-485 |
| EAD and travel applications | Can be filed with I-485 | Available only after I-485 can be filed |
| Upfront cost | Higher | Spread across stages |
| Risk | I-485 depends on I-140 approval | Adjustment begins only after petition stage |
| Retrogression | I-485 may remain pending | Applicant waits before filing I-485 |
Next Steps
- Identify the category, priority date and country of chargeability.
- Check the current Visa Bulletin.
- Confirm which chart USCIS authorizes that month.
- Verify adjustment eligibility and maintenance of status.
- Prepare a separate I-485 package for each applicant.
- Complete the I-693 using an authorized civil surgeon.
- Decide whether to file I-765 and I-131 and budget their fees.
- Preserve the underlying nonimmigrant status when strategically appropriate.
- Plan for possible retrogression.
- Review portability rules before changing employers.
How D4U Supports Concurrent Filing Planning
D4U is an international planning company, not a law firm. We help clients organize documents, priority dates, medical examinations, dependent applications and administrative timelines while qualified attorneys handle legal analysis and filings.
Our process is informed by Warren Janssen, former USCIS director. D4U reports a success rate of over 91% among our clients and offers the guarantee: your journey completed, or your money back, subject to contractual terms.
Frequently Asked Questions
Can I file the I-485 before my I-140 is approved?
Yes, when a visa is immediately available and concurrent filing is permitted for the category.
What happens if the priority date retrogresses?
The I-485 generally remains pending, but final approval must wait until a visa becomes available again.
Do dependents need separate applications?
Yes. Each eligible derivative files a separate I-485 and supporting documents.
Does a pending I-485 authorize me to work?
No. You need valid nonimmigrant work authorization or an approved EAD.
Can I change employers after 180 days?
Possibly, in an employer-sponsored case, if the I-485 has been pending for at least 180 days and the new permanent job is in the same or a similar occupation.
Does an approved I-140 automatically allow H-1B extensions beyond six years?
No. One-year extensions may be available when the labor certification or I-140 was filed at least 365 days earlier. Three-year extensions may be available with an approved I-140 when the applicant cannot adjust because an immigrant visa is unavailable.
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