Can I file I-485 concurrently with my I-140 petition?
TL;DR: Yes, if your priority date is current under the Dates for Filing chart in the current Visa Bulletin for your category and country. If it isn't current yet, you must wait for your I-140 to be approved and your priority date to become current before filing I-485.
The Claim
Concurrent filing means submitting Form I-485 (Adjustment of Status) at the same time as, or after, Form I-140 (Immigrant Petition for Alien Worker), instead of waiting for the I-140 to be approved first. It's one of the most valuable timing options in employment-based green card cases because it unlocks an EAD and Advance Parole much earlier.
The Evidence
USCIS decides each month which Visa Bulletin chart applicants can use to determine I-485 filing eligibility — either the more conservative "Final Action Dates" chart or the more generous "Dates for Filing" chart. If your priority date is earlier than the cutoff on whichever chart USCIS designates that month, you can file I-485, even if your I-140 hasn't been approved yet (as long as it's filed, in most cases, though many applicants file both forms in the same package).
The major practical benefit: once I-485 is pending, you and any dependents included can apply for a combination EAD/Advance Parole card, which lets you work for any employer and travel internationally while the green card case is pending — instead of remaining solely dependent on your existing nonimmigrant status (like H-1B).
Concurrent Filing vs Waiting for I-140 Approval
| Concurrent Filing (I-140 + I-485 together) | Sequential Filing (wait for I-140 approval) | |
|---|---|---|
| Requires priority date current | Yes, under Dates for Filing or Final Action chart | Not required to file I-140 itself, but I-485 still needs a current date |
| EAD/Advance Parole timing | Available soon after I-485 is filed | Delayed until I-485 can be filed |
| Risk if I-140 is later denied | I-485 is typically denied too, since it depends on an approved I-140 | Same underlying risk, just encountered later |
Step-by-Step: Concurrent Filing
- Confirm your employer's I-140 is ready to file (PERM certified, if in EB-2/EB-3).
- Check the current month's Visa Bulletin for your category/country and see which chart USCIS says applies for I-485 filing.
- If your priority date is current under that chart, prepare and file I-485 together with (or shortly after) I-140.
- File Form I-765 (EAD) and I-131 (Advance Parole) at the same time to get combined work/travel authorization as early as possible.
- Attend biometrics; wait for I-140 approval and eventual I-485 approval once your priority date is also current under Final Action Dates.
FAQ
What happens if my I-140 gets denied after I filed I-485 concurrently? Your I-485 will typically be denied as well, since it depends on an approved underlying petition — this is the main risk of concurrent filing.
Does concurrent filing speed up the green card itself? Not directly — final approval still depends on your priority date being current under Final Action Dates. What it speeds up is access to an EAD and Advance Parole.
Can my spouse and kids file I-485 concurrently too? Yes, derivative family members included on the same case can generally file I-485 at the same time, subject to the same priority date rules.
Do I need my I-140 approved before applying for EAD/AP? No — once I-485 is properly filed (even alongside a pending I-140), you can generally file for EAD and Advance Parole without waiting for I-140 approval.
By Pinal Dave Last updated: 2026-07-24