Filing I-140 and I-485 forms
Filing I-140 I-485 offers a potentially faster path to permanent residency, but is it always the right move? Many immigration applicants face this critical decision when pursuing their green cards. Rather than waiting for I-140 approval before submitting the I-485 adjustment of status, concurrent filing allows you to submit both simultaneously, potentially saving months or even years in processing time.
Eligibility and Timing for Concurrent Filing I-140 and I-485 forms
Not everyone qualifies for concurrent filing I-140 and I-485 forms. Eligibility is specifically limited to certain immigration categories and circumstances.
Only applicants in EB-1, EB-2, and EB-3 visa subcategories can file Forms I-140 and I-485 simultaneously [1]. This includes aliens of extraordinary ability, outstanding professors or researchers, multinational executives, professionals with advanced degrees, aliens of exceptional ability, skilled workers, and professionals [2].
Furthermore, visa availability is a crucial factor. For concurrent filing to be possible, your priority date must be current according to the monthly Visa Bulletin [3]. If you see the letter “C” (meaning “Current”) in your category, you’re immediately eligible for concurrent filing [4]. Alternatively, if you see a specific date for your category, you’re eligible only if your priority date is earlier than the date listed [4].
Advantages of Concurrent Filing I-140 and I-485 forms
Filing of I-140 and I-485 simultaneously unlocks several valuable benefits that can significantly improve your immigration journey.
These benefits extend to your family members as well. Spouses who previously couldn’t work legally can obtain work authorization through the EAD [2]. This proves especially valuable for dependents who don’t already possess employment-eligible visas like H-1B, O-1, or J-1 [2].
Moreover, USCIS now issues a combined EAD and Advance Parole card—a more secure, credit card-sized document that replaces the previous separate paper documents [9]. This streamlined approach eliminates the need to carry multiple immigration documents.
Notably, concurrent filing offers financial benefits by bundling application fees. Since July 30, 2007, applicants pay a single fee of $1,070 for Form I-485, with Forms I-765 (work authorization) and I-131 (travel document) included at no additional cost [9].
Beyond these immediate advantages, concurrent filing activates crucial protections:
- It stops the accrual of unlawful presence for those who might have fallen out of status [2]
- It “freezes” the age of dependent children under the Child Status Protection Act, preventing them from aging out during processing delays [8]
- After 180 days, it enables job flexibility through AC21 portability provisions [10]
These strategic benefits make concurrent filing an attractive option for many employment-based immigrants seeking to optimize their path to permanent residence.
Risks and Strategic Considerations
Despite the advantages, concurrent Filing I-140 and I-485 forms introduces several significant risks that demand careful planning. The primary concern lies in what happens if your I-140 petition is denied—your I-485 will automatically be rejected as well.
The financial risk is substantial. If your I-140 is denied, USCIS will not refund your I-485 filing fees, potentially resulting in thousands of dollars lost. This includes fees for the applicant and any dependents included in the application.
To mitigate this risk, many immigration attorneys recommend maintaining your nonimmigrant status at least until your I-140 is approved. Although holding a pending I-485 allows you to remain in the United States, it does not constitute lawful nonimmigrant status.
Even after receiving Employment Authorization Documents (EADs) through a pending I-485, strategic applicants often choose not to use them, instead continuing to work under their H-1B status. Similarly, many opt to travel using their H-1B visa rather than Advance Parole to avoid transitioning into “adjustment pending” status.
Another consideration is processing times—concurrent filing doesn’t always guarantee faster adjudication due to constantly changing USCIS processing times and procedures.
Ultimately, the decision between concurrent vs. sequential filing should balance:
- The strength of your I-140 petition
- Your need for interim benefits
- Your willingness to accept the financial risk
- The importance of maintaining your current immigration status
For applicants with strong I-140 petitions or pressing needs for EAD/Advance Parole benefits, concurrent filing may be worth the inherent risks.
Conclusion
Ultimately, concurrent filing presents a strategic choice that requires careful consideration of both personal circumstances and immigration goals. Though this approach can significantly accelerate your green card journey and provide valuable interim benefits, it nevertheless carries substantial risks that should not be overlooked. Most importantly, maintaining your existing nonimmigrant status until I-140 approval serves as a crucial safety net should complications arise during the petition process.
Keywords
- Concurrent filing I-140 I-485
- I-140 and I-485 together
- Green card processing speed
- EB-1 EB-2 EB-3 concurrent filing
- Employment-based green card
- Adjustment of status EAD AP
- USCIS processing timeline
- I-140 approval
- Benefits of concurrent filing
- Cons of concurrent filing
- Green card processing fees
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External Links
Concurrent Filing of I-140 & I-485: Frequently Asked Questions