First Preference
Concurrent filing can be available to EB-1A extraordinary-ability applicants, EB-1B outstanding professors or researchers, and EB-1C multinational managers or executives when visa availability permits.
Employment-Based Adjustment • Concurrent Filing
Concurrent Filing of Form I-140 and Form I-485
In qualifying EB-1, EB-2, and EB-3 cases, an adjustment applicant does not always have to wait for USCIS to approve Form I-140, Immigrant Petition for Alien Workers, before filing Form I-485.
If an immigrant visa is immediately available and the applicant otherwise qualifies to adjust status, Form I-485 may be filed with Form I-140 or while the qualifying I-140 remains pending.
Concurrent filing saves waiting time between the petition and adjustment stages, but it also places the I-485 at risk if the underlying I-140 is later denied.
Main categoriesEB-1, EB-2, EB-3
I-140 approval first?Not required to file
Visa availabilityRequired
Legal reviewAugust 30, 2026
Direct Answer
Can Form I-140 and Form I-485 Be Filed Together?
Yes. In qualifying EB-1, EB-2, and EB-3 cases, Form I-485 may be filed concurrently with Form I-140 when an immigrant visa would be immediately available upon approval of the immigrant petition and the applicant otherwise qualifies for adjustment.
The applicant can also file Form I-485 after Form I-140 has been filed but while it remains pending, provided visa availability permits the adjustment filing.
The I-140 does not need to be approved before the I-485 is filed, but the underlying immigrant classification ultimately must be established before permanent residence can be granted.
Covered Categories
Which I-140 Categories Permit Concurrent Filing?
Second Preference
EB-2 PERM beneficiaries and qualifying EB-2 national interest waiver applicants may file adjustment concurrently when the priority date permits filing.
Third Preference
Skilled workers, professionals, and other workers may use concurrent filing when visa availability exists under the applicable EB-3 classification and chargeability rules.
EB-5 uses a separate statutory concurrent-filing provision. Immigrant investors are addressed separately under INA §245(n) and the dedicated INA245 EB-5 concurrent-filing guide.
Three Filing Sequences
When Can the Employment-Based I-485 Be Filed?
| Sequence | What happens | Visa availability |
|---|---|---|
| I-140 and I-485 filed together | USCIS receives the immigrant petition and adjustment application as a concurrent filing. | Required when I-485 is filed. |
| I-140 first, I-485 while I-140 pending | The applicant later submits I-485 using the pending I-140 as the underlying basis. | Required when I-485 is filed. |
| I-485 after I-140 approval | The traditional sequence: petition first, adjustment later. | Required when I-485 is filed. |
Visa Availability
Concurrent Filing Is Available Only When the Priority Date Permits I-485 Filing
Determine the Priority Date
Use the PERM filing date or immigrant-petition filing date, as applicable, including any valid retained priority date.
Determine Chargeability
Identify the correct Visa Bulletin country column, including any valid cross-chargeability analysis.
Use the USCIS-Authorized Chart
Check whether USCIS permits employment-based applicants to use Dates for Filing or requires Final Action Dates during the filing month.
Premium processing of Form I-140 does not create visa availability. A faster I-140 decision cannot overcome a priority date that does not permit Form I-485 filing.
Self-Petitioners
Concurrent Filing Is Not Limited to Employer-Sponsored I-140 Petitions
Extraordinary Ability
An EB-1A applicant may self-petition on Form I-140 and concurrently file Form I-485 when visa availability and adjustment eligibility requirements are satisfied.
National Interest Waiver
An EB-2 NIW applicant may likewise self-petition and file adjustment concurrently if the EB-2 priority date permits filing.
The concurrent-filing regulation focuses on the immigrant classification and visa availability. Employer sponsorship is not required merely because an I-140 and I-485 are filed together.
Two Separate Adjudications
The I-140 Must Still Qualify on Its Own Merits
Immigrant Classification
USCIS must determine that the petition satisfies the requirements of the claimed EB classification, including any job-offer, labor-certification, qualifications, ability-to-pay, extraordinary-ability, NIW, or other applicable requirements.
Adjustment Eligibility
USCIS separately evaluates admission or parole, adjustment bars, §245(k), visa availability, admissibility, medical requirements, security checks, and discretion.
Concurrent filing does not merge the two forms. An applicant can have a strong I-140 and an adjustment problem, or a theoretically approvable I-485 but an I-140 that fails to establish the immigrant classification.
I-140 Denial Risk
What Happens If the Concurrently Filed I-140 Is Denied?
If USCIS denies the I-140 supporting a concurrently filed Form I-485 and there is no other valid underlying basis, USCIS generally cannot approve the adjustment application.
I-140 RFE or NOID
A petition challenge becomes highly consequential because the pending I-485 depends on the immigrant classification ultimately being established.
I-140 Denied
The I-485 generally loses its supporting immigrant basis unless another qualifying petition can lawfully become the underlying basis.
Later Reversal
USCIS guidance has recognized circumstances in which a related I-485 can resume processing when the underlying I-140 denial is later overturned and the petition is approved.
Strategic Consideration
Concurrent Filing Can Start the I-485 Clock Earlier
Earlier Adjustment Receipt Date
Filing I-485 before I-140 adjudication starts the adjustment case without waiting for the immigrant-petition decision.
Employment Authorization
A pending I-485 may provide a basis to request adjustment-related employment authorization under the applicable rules.
Advance Parole
A pending I-485 may provide a basis for an advance-parole application, although departure and reentry must be analyzed separately.
AC21 Portability
Concurrent Filing Can Also Affect the Portability Timeline
INA §204(j) can allow a qualifying employment-based adjustment applicant to change jobs or employers when the Form I-485 has been pending for at least 180 days and the new position is in the same or a similar occupational classification, subject to the statutory and regulatory requirements.
I-485 Pending Period
The portability provision focuses in part on how long the adjustment application has been pending.
I-140 Must Remain Valid
Concurrent filing does not allow an applicant to bypass the need for an underlying I-140 that was approvable and remains valid under the governing portability rules.
Same or Similar Position
The qualifying new job must satisfy the same-or-similar occupational-classification requirement where §204(j) portability is invoked.
Do not assume 180 days automatically cures an unapprovable I-140. Portability protects qualifying changes in employment; it does not transform a petition that lacked eligibility when filed into an approvable petition.
Maintaining Nonimmigrant Status
Concurrent Filing Does Not Necessarily Mean the Applicant Should Abandon H-1B or Other Status
I-485 Is Pending
A properly filed adjustment application may permit the applicant to remain while USCIS adjudicates it, but a pending I-485 is not itself lawful nonimmigrant status.
Underlying I-140 Risk
If the I-140 is denied, maintenance of an independent nonimmigrant status can become strategically important.
Travel Rules Differ
H-1B and L-1 applicants may have special adjustment-travel rules that differ from applicants who must rely on advance parole.
Derivative Family Members
Spouses and Children Can File With the Principal When Eligible
Derivative I-485 Applications
Qualifying derivative spouses and children generally may file their own Forms I-485 when visa availability permits and the principal's employment-based case can support derivative classification.
Independent Adjustment Eligibility
Each derivative must independently satisfy applicable admission, status, admissibility, and adjustment requirements even though the immigrant classification derives through the principal.
§245(k)
Concurrent Filing Does Not Eliminate Prior Status or Employment Violations
Many EB-1, EB-2, and EB-3 applicants who have limited status or unauthorized-employment violations rely on INA §245(k). That exemption must be analyzed independently from the concurrent-filing rule.
Last Lawful Admission
Section 245(k) generally measures covered violations after the applicant's controlling lawful admission.
180-Day Aggregate Limit
The applicant must remain within the statutory aggregate limit for covered violations.
I-485 Filing Date Matters
Filing adjustment can affect the calculation of certain status violations, while unauthorized employment may continue to accrue after filing.
Evidence
What a Concurrent I-140/I-485 Filing Should Establish
Immigrant Classification
All evidence required to establish the EB-1, EB-2, or EB-3 petition on its own merits.
Visa Availability
Correct priority date, preference category, chargeability, Visa Bulletin cutoff, and USCIS filing chart.
Adjustment Eligibility
Evidence of inspection and admission or parole, immigration status, and any applicable §245(k) or other exception.
Job Offer Where Required
Evidence of the qualifying permanent employment offer, including Form I-485 Supplement J where applicable.
Admissibility
Medical examination and evidence addressing any disclosed criminal, immigration, fraud, health, or other admissibility issue.
Derivative Eligibility
Marriage and birth records plus each derivative's independent adjustment documentation.
Common Mistakes
Concurrent I-140/I-485 Filing Errors
Filing Before Visa Availability
A pending or strong I-140 does not permit I-485 filing unless the visa-availability rules permit adjustment filing.
Assuming Concurrent Means Approved
USCIS still independently adjudicates the I-140 and every aspect of the adjustment application.
Weak I-140 Filed to Start I-485
Starting the adjustment process earlier may offer little benefit if the underlying immigrant petition cannot withstand adjudication.
Ignoring §245(k)
Concurrent filing does not excuse unlawful status or unauthorized employment that creates an adjustment bar.
Abandoning Nonimmigrant Strategy Too Early
Reliance solely on a pending adjustment case can increase risk if the underlying I-140 remains uncertain.
Misunderstanding Portability
An I-485 pending 180 days does not automatically make an unapprovable I-140 valid.
Primary Authorities
Concurrent Employment Filing Sources
Related INA245 Guides
Continue the Employment Adjustment Analysis
Frequently Asked Questions
Concurrent I-140/I-485 FAQs
Can I file Form I-485 before Form I-140 is approved?
Yes, in qualifying EB-1, EB-2, and EB-3 cases when an immigrant visa is available for adjustment filing and the applicant otherwise qualifies.
Can I file Form I-485 after I-140 filing but while the I-140 is still pending?
Yes. If visa availability permits filing, an applicant can generally submit Form I-485 while the qualifying I-140 remains pending.
Can an EB-1A self-petitioner file I-140 and I-485 concurrently?
Yes, when the EB-1 priority date permits I-485 filing and the applicant independently satisfies the adjustment requirements.
Can an EB-2 NIW applicant file I-140 and I-485 concurrently?
Yes. NIW self-petitioners may use concurrent filing when EB-2 visa availability permits adjustment filing.
What happens if USCIS denies the concurrently filed I-140?
If that I-140 is the only valid immigrant basis for the adjustment application, the I-485 generally cannot be approved.
Does premium processing let me file I-485 if my priority date is not current?
No. Premium processing affects the speed of eligible I-140 adjudication. It does not change Visa Bulletin cutoff dates or create immigrant visa availability.
Does concurrent filing automatically give me AC21 portability after 180 days?
No. INA §204(j) portability has separate requirements, including a qualifying underlying petition and a new job in the same or a similar occupational classification.
Employment-Based Adjustment
Schedule a ConsultationShould the I-140 and I-485 Be Filed Together?
The Messersmith Law Firm, P.A. reviews immigrant classification strength, priority date, Visa Bulletin eligibility, INA §245(k), job-offer requirements, portability strategy, admissibility, and the risks and benefits of concurrent filing.
Legal content reviewed August 30, 2026. Concurrent filing permits qualifying employment-based applicants to begin adjustment before I-140 approval, but the underlying immigrant petition must ultimately support the adjustment application and visa availability must satisfy the governing filing and approval rules.