Guide
Concurrent filing for employment-based green cards
Short answer
Concurrent filing lets you submit Form I-140 and Form I-485 at the same time, but only when a visa number is available for your category and country (your priority date is current under the applicable chart). It can shorten overall processing time and unlock early work and travel authorization.
What is concurrent filing?
Normally the I-140 immigrant petition must be approved before you file the I-485 adjustment of status application. Concurrent filing is an exception: when a visa number is immediately available — meaning your priority date is current under the chart USCIS has authorized for that month — the regulations permit filing both forms together in one package. This is a significant time-saver because you don't have to wait months for I-140 approval before starting the I-485 stage.
Who is eligible
Concurrent filing requires two things: your priority date must be current under the applicable Visa Bulletin chart at the time of filing, and you must be physically present in the U.S. and otherwise eligible to adjust status. Your employer must be filing the I-140 simultaneously (or you must qualify to self-petition, as with EB-1A or EB-2 NIW). If your category and country are heavily backlogged — for example, EB-2 or EB-3 India — you often cannot file concurrently because you are not yet current.
The advantages
Filing concurrently means the I-485 clock starts sooner. You can also file Form I-765 (EAD) and Form I-131 (Advance Parole) in the same package, so you may gain work flexibility and travel permission while everything is pending. After the I-485 has been pending 180 days, portability under AC21 may let you change to a same-or-similar job while keeping your place in line. For applicants who become current early — often Rest of World applicants — concurrent filing can compress the timeline considerably.
Risks and considerations
The main risk is linkage: if the I-140 is ultimately denied, the concurrently filed I-485 generally falls with it. There can also be complications if you change jobs before the I-140 is approved, since early portability depends on an approved (or approvable) I-140. Because the interplay of status, timing, and portability is fact-specific, many applicants consult an immigration attorney before filing concurrently. This guide is informational only and is not legal advice.
What if I'm not current yet?
If your priority date is not current, you cannot file the I-485 concurrently. Instead, your employer files the I-140 alone, it gets approved, and then you wait for your priority date to become current before filing the I-485. Keeping your approved I-140 is valuable: it locks in your priority date and preserves your ability to change employers or downgrade categories later while retaining that date.
Which chart controls concurrent filing?
Whether you can file concurrently depends on which Visa Bulletin chart USCIS has authorized for the month. If USCIS designates the Dates for Filing chart, you may be able to file concurrently even though a visa number is not yet available for final approval — your I-485 waits in the pipeline. If USCIS designates the Final Action Dates chart, you can only file concurrently when your priority date is current under that stricter chart. Always check the USCIS Adjustment of Status Filing Charts page each month, because the answer can change from one month to the next.
Forms and dependents in a concurrent package
A typical concurrent filing package includes Form I-140 (with the employer's supporting evidence), Form I-485 for the principal applicant, and separate I-485 applications for a spouse and any unmarried children under 21 as derivatives. Most applicants also include Form I-765 for an EAD and Form I-131 for Advance Parole for each family member who wants to work or travel. Each form carries its own eligibility requirements, and dependents' cases rise or fall with the principal's. USCIS filing fees change periodically, so confirm the current amounts on the official USCIS fee schedule before assembling the package.
Form I-485 details at USCIS.govTiming considerations and pitfalls
Even when concurrent filing is allowed, timing matters. File as soon as a window opens, because dates can retrogress and close it. Make sure the medical exam (Form I-693) is prepared within its validity period. Confirm the sponsoring job still exists and the employer still intends to employ you at the offered wage. And avoid international travel without Advance Parole once the I-485 is pending, since departing without it can be treated as abandoning the application in many situations. Sequencing these correctly is where an experienced attorney adds the most value.
Frequently asked questions
Can I file concurrently if my I-140 was already approved? Yes — if you are now current, you can file the I-485 (it is technically 'following' rather than truly 'concurrent,' but the effect is similar). What happens to my I-485 if the I-140 is denied? It is generally denied too. Can my family file at the same time? Yes, spouses and qualifying children file as derivatives in the same package. Does concurrent filing speed final approval? It starts the I-485 clock sooner, but final approval still depends on visa-number availability under the Final Action Dates chart.
Who tends to benefit most
Concurrent filing is most powerful for applicants who become current quickly — typically those born outside the heavily backlogged countries. If you are EB-1, EB-2, or EB-3 and charged to Rest of World, Mexico, or the Philippines, you may be current at the very moment your employer is ready to file the I-140, letting you compress two stages into one. As of the July 2026 bulletin, for example, EB-1 is current for Rest of World, Mexico, and the Philippines, and EB-2 is current for those same areas — situations where concurrent filing can meaningfully shorten the path to a green card.
How concurrent filing fits the bigger picture
Think of concurrent filing as one tool among several for shortening or de-risking your timeline. It pairs naturally with filing under the Dates for Filing chart when USCIS authorizes it, since both aim to get your I-485 into the pipeline as early as possible. It also interacts with priority date retention and portability: once your I-485 has been pending 180 days with an approved I-140, you gain job flexibility under AC21. For heavily backlogged applicants who cannot file concurrently now, the key is to get the I-140 approved and safely preserve the priority date, then file the I-485 the moment a window opens.
This guide is for informational purposes only. It is not legal advice. For questions about your specific case, consult a qualified immigration attorney.
Check your priority date estimateLive timeline data
See current Final Action Dates, 12-month movement, and forward estimates for every category and country: