Concurrent Filing of I-140 and I-485

Concurrent Filing, which was originally put into effect on July 31, 2002 by the U.S. Citizenship and Immigration Services (USCIS), allows an alien to file a USCIS Form I-485, adjustment of status application, at the same time as a Form I-140, immigration petition, as long as visa numbers are currently available for the alien’s preference category (EB-1, EB-2, EB-3). In the past, the USCIS required an approval of the I-140 petition before it would allow a beneficiary to apply for permanent resident status.

The only restriction to the rule of concurrent filing is that a visa number must be immediately available for the category in order to file the I-485 application. Since visa numbers are usually available to all EB-1, categories, any person who is a beneficiary (or applicant) of an EB-1 I-140 petition is eligible to file an I-485 application at the same time. Petitions for the EB-2 preference category have a relatively short backlog (9 months), and as such it is feasible for EB-2 aliens not from mainland China or India to concurrently file their I-140s and I-485s. Visa numbers for the EB-3 preference category are rarely current and are backlogged several years, so in a practical sense this category does not utilize concurrent filing as often as EB-1.

Family members are also eligible to file a Form I-485 along with the principal alien. Additionally, applications for Employment Authorization (EAD) and Advance Parole may be filed with the I-485 application.

For all pending I-140 petitions where visa numbers are available to the alien, the beneficiary (or applicant) may file his or her I-485 adjustment of status application immediately by submitting the Receipt Notice of the pending I-140 with the I-485 application, assuming that visa numbers are available in the alien’s preference category.

(Updated 10/9/2012 by AD)

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