Understand concurrent filing of Forms I-140 and I-485, when a visa must be available, which USCIS chart controls filing, and how fees, medical records and a pending immigrant petition affect adjustment of status.
What concurrent filing means
Concurrent filing allows an eligible applicant to submit Form I-485 with Form I-140, instead of waiting for USCIS to approve the immigrant petition first.
The forms may be mailed together, or Form I-485 may be submitted while a previously filed I-140 remains pending. USCIS cannot approve the adjustment application unless the underlying immigrant petition is approved and an immigrant visa remains available.
Concurrent filing is not available solely because someone holds H-1B, L-1, O-1 or another nonimmigrant status. The applicant must:
- be physically present in the United States;
- qualify for adjustment of status;
- have an immediately available immigrant visa under the chart authorized by USCIS;
- satisfy the requirements of the employment-based category;
- avoid any separate ground that prevents adjustment.
Filing an immigrant application can also affect travel and future nonimmigrant applications. Categories such as TN and F-1 have different intent requirements from H-1B and L-1, so individual legal advice may be necessary.
Priority dates and visa availability
The priority date determines the applicant’s place in the employment-based queue.
For a category requiring PERM labor certification, the priority date is generally the date the Department of Labor accepted the labor-certification application. When no labor certification is required, it is generally the date USCIS properly receives the I-140.
The Department of State publishes two employment-based charts in the monthly Visa Bulletin:
- Final Action Dates, which control when a visa may receive final approval;
- Dates for Filing, which may permit documents to be submitted before final action becomes available.
USCIS announces each month which chart adjustment applicants must use. Therefore, applicants should not assume that Dates for Filing always controls concurrent filing.
The relevant column normally depends on the applicant’s country of chargeability, which is generally the country of birth rather than citizenship or current residence. Cross-chargeability through a spouse may be available in certain circumstances.
September 2026 employment-based dates
For September 2026, USCIS requires employment-based adjustment applicants to use the Final Action Dates chart.
| Category | Most countries, Mexico | China | India | Philippines |
|---|---|---|---|---|
| EB-1 | Current | July 1, 2023 | October 15, 2022 | Current |
| EB-2 | Current | September 1, 2021 | Unavailable | Current |
| EB-3 | September 1, 2024 | January 1, 2022 | January 1, 2014 | August 1, 2023 |
“Current” means qualified applicants in that category and column are not restricted by a cutoff date for that month. It does not guarantee approval.
A category may advance, retrogress or become unavailable. Visa availability must be confirmed in the month USCIS receives the application and again before final adjudication.
What concurrent filing can provide
An adjustment applicant may also request work and travel documents:
- Form I-765 requests an Employment Authorization Document;
- Form I-131 requests advance parole for travel while the I-485 is pending.
These benefits are not granted when the forms are merely filed. The applicant must wait for approval before relying on the EAD or advance parole.
An EAD based on a pending I-485 can provide work authorization beyond the restrictions of some nonimmigrant classifications. However, using the EAD may affect the person’s continued nonimmigrant status. Many H-1B and L-1 applicants choose to maintain their underlying status while the adjustment remains pending.
Advance parole is not the same as a reentry permit. Leaving the United States without the required document can cause USCIS to treat an I-485 as abandoned, subject to limited exceptions for certain H, L, V and K applicants who meet the applicable requirements.
Concurrent filing starts the I-485 process earlier, but it does not guarantee faster approval of the Green Card, EAD or travel document. Each application follows its own adjudication process.
Premium processing
Eligible I-140 petitioners may request premium processing by filing Form I-907 and paying the separate fee.
Since March 1, 2026, the premium-processing fee for an eligible I-140 is 2,965 USD. USCIS generally provides:
- 15 business days for most eligible I-140 classifications;
- 45 business days for EB-1C multinational executives and managers and EB-2 national interest waiver petitions.
The period covers an adjudicative action, not guaranteed approval. USCIS may approve or deny the petition, issue a Request for Evidence or take another qualifying action.
Premium processing applies to the I-140. It does not accelerate the I-485, I-765 or I-131.
Medical examination requirement
When required, Form I-693 must be completed by a USCIS-designated civil surgeon and submitted with the I-485. USCIS may reject an adjustment application filed without the required medical form.
The applicant should use the current edition and follow the civil surgeon’s instructions regarding vaccination records, testing and the sealed submission process.
The cost of the examination is established by the medical provider and is not included in the USCIS filing fee.
Government fees
In September 2026, some relevant fees are:
| Form | General fee |
|---|---|
| Form I-140 | 715 USD, plus the applicable Asylum Program Fee |
| Form I-485 | Generally 1,440 USD for most adult paper filings |
| Form I-765 based on a pending I-485 | 260 USD when the applicable I-485 fee was paid on or after April 1, 2024 |
| Form I-131 for advance parole | 630 USD |
| Form I-907 for eligible I-140 premium processing | 2,965 USD |
The Asylum Program Fee attached to an I-140 may be 600 USD, 300 USD or exempt, depending on the petitioner.
The original article incorrectly stated that the I-765 and I-131 were included without separate payment. Since April 1, 2024, these forms generally require their own fees even when filed with an I-485.
Dependents usually need separate I-485, I-765, I-131 and medical documentation, with the applicable individual fees.
Risks and common mistakes
Using the wrong Visa Bulletin chart. Applicants must check both the Department of State bulletin and USCIS’s monthly adjustment chart.
Assuming an approved I-140 is enough. Approval does not eliminate cutoff dates or establish eligibility for adjustment.
Confusing advance parole with a reentry permit. Both may use Form I-131, but they serve different purposes.
Submitting the wrong payment. USCIS can reject a package containing missing, combined or incorrect fees.
Filing without the required medical form. A missing I-693 can result in rejection when it is required at filing.
Beginning work when the I-765 is merely pending. Filing the application does not grant employment authorization.
Leaving the sponsoring position too early. A job-offer-based petition must remain supported by a genuine permanent offer unless the applicant qualifies for portability or another exception.
Assuming premium processing covers every form. It accelerates only the eligible petition or application listed on the I-907.
Job changes while the I-485 is pending
Employment-based job portability may apply when a qualifying I-485 has been pending for at least 180 days and the new position belongs to the same or similar occupational classification as the position described in the immigrant petition.
The I-140 must be approved or approvable when filed, and the applicant may need to submit Form I-485 Supplement J. The rule does not mean that every employer or occupation change is safe.
Self-petitioned EB-1A and EB-2 NIW cases involve different considerations because they do not depend on the same permanent job offer. The applicant must still intend to continue the work or proposed endeavor underlying the petition.
Timelines
There is no reliable universal processing period for concurrent filing. Times vary by I-140 classification, service center, field office, interview requirements, background checks and visa availability.
An EAD or advance-parole application may be approved before the I-485, but applicants should not plan employment or international travel around unofficial national estimates.
USCIS processing-time tools should be checked using the form, filing category and office shown on the receipt notice.
How D4U supports your planning
D4U is an international planning company that helps clients organize documents, government notices, timelines and administrative stages.
D4U does not provide legal advice, determine eligibility for concurrent filing or represent applicants before USCIS. Decisions involving the correct Visa Bulletin chart, maintenance of status, international travel and employment portability should be reviewed by an authorized immigration attorney.
Its methodology includes the strategic experience of Warren Janssen, a former USCIS director. D4U reports a success rate of over 91% among its clients, audited by RSM, and works under the commitment: your journey completed, or your money back.
Frequently asked questions
Can I file the I-140 and I-485 together while holding H-1B status?
Possibly. The applicant must be eligible for adjustment, and a visa must be available under the chart USCIS authorizes for that month. H-1B status alone does not establish eligibility.
Does concurrent filing accelerate Green Card approval?
It may allow the I-485 process to begin earlier, but it does not place the adjustment application on a premium-processing timeline.
Are the work and travel applications free with the I-485?
Generally, no. Under the current fee structure, qualifying I-765 applications have a reduced separate fee, while Form I-131 generally requires its own payment.
What happens if USCIS denies the I-140?
The I-485 generally cannot be approved without a valid underlying petition. USCIS may deny the adjustment application, and filing fees are generally not refunded.
Can I change employers after concurrent filing?
Possibly, if the applicable portability requirements are satisfied. The I-485 generally must have been pending for at least 180 days, and a job-offer-based applicant normally needs a new position in the same or a similar occupational classification.
Talk to the D4U team and plan your next step in the United States.
