Can I file the I-485 together with the I-140 for EB-1?

Yes, this is possible in certain situations. In the EB-1 category, filing the I-485 at the same time as the I-140 is known as concurrent filing, and it depends on a visa being available to you at the time of filing.

The practical rule revolves around visa availability:

• If the EB-1 category is available for your case according to the Visa Bulletin, you can file the I-485 together with the I-140.
• If it is not available, the adjustment of status through the I-485 must happen at a later stage.
• Availability is determined by the Department of State and changes over time.

When applicable, concurrent filing can speed up the process by allowing you to begin the adjustment of status while the petition is being reviewed. Eligibility for adjustment also depends on other factors specific to your case.

Since these conditions change, it is worth checking current availability in the Visa Bulletin and the rules on the official USCIS website before deciding, ideally with the support of a specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.