What Is Concurrent Filing
Concurrent filing is submitting your Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time you file your underlying immigrant petition, typically a Form I-140 (Immigrant Petition for Alien Worker) or family-based petition. This strategy allows you to apply for adjustment of status to permanent resident before your immigrant petition has been approved, rather than waiting for approval first.
Who Can File Concurrently
Concurrent filing is available under 245(c) regulations when an immigrant visa number is immediately available. For employment-based cases, you must demonstrate that an approved labor certification exists or that you fall under a category exempt from labor certification. Family-based applicants can file concurrently if they're the immediate relative of a U.S. citizen or if an immigrant visa number is available based on their priority date.
The critical requirement is demonstrating visa number availability at the time of filing. For employment-based immigration, USCIS uses the visa bulletin to determine if your priority date is current. If your priority date falls within the visa bulletin's "current" range, you're eligible to file concurrently. For example, as of recent visa bulletins, many employment-based second preference (EB-2) cases from India and China cannot file concurrently because their priority dates are not current, sometimes backlogged by years.
Key Benefits
- Time savings: You can begin the adjustment of status process immediately rather than waiting months or years for petition approval. This can reduce total processing time by 6 to 18 months depending on your category.
- Work authorization: Filing Form I-765 with your I-485 allows you to request employment authorization document (EAD) eligibility once your I-485 is pending, typically after 180 days without USCIS decision.
- Travel benefits: Once your I-485 is pending, you can apply for advance parole (Form I-131) to travel internationally without abandoning your adjustment application.
- Priority date retention: Your priority date is preserved from the petition filing date, which matters if visa availability changes during processing.
How It Works in Practice
When filing concurrently, you submit both the immigrant petition and I-485 application to USCIS together. For employment-based cases, you'll typically file the I-140 and I-485 as a package. Supporting documentation requirements include medical examination results (Form I-693), police clearance certificates, and evidence of visa number availability. USCIS examines both applications together, though they maintain separate case numbers.
Processing times vary significantly by USCIS field office. As of 2024, concurrent employment-based I-485s take between 12 to 24 months for a first interview decision at many service centers. Family-based concurrent filings typically process faster, generally within 8 to 18 months for immediate relatives.
Common Questions
- What happens if my priority date becomes unavailable after I file concurrently? Your priority date is locked in at your petition filing date. Even if visa availability changes and becomes current later, your date of priority doesn't change. This protects your position in line.
- Can I file concurrently if I'm on a work visa like H-1B? Yes. Many H-1B workers file concurrently for employment-based green cards. Filing concurrently doesn't affect your current visa status, and you can continue working while your applications are pending.
- What if USCIS denies my I-140 but approves my I-485? This is rare but possible. Your I-485 can proceed to approval based on the visa number availability that existed at filing time. If your I-140 is denied but the I-485 is approved, you become a permanent resident regardless.