How long after the I-140 approval can I submit the I-485?

Migration to the United States is a matter that generates many doubts, especially in processes based on the EB-1 category. Many wonder what the appropriate time is to submit Form I-485, which is the application for adjustment of status to permanent residency, after the I-140 approval.

In general, the possibility to file the I-485 essentially depends on the availability of a visa number, that is, the priority date being current, as published monthly in the U.S. Department of State’s Visa Bulletin. In the case of the EB-1 category, priority dates are usually current for most countries, which may allow the filing of the I-485 as soon as the I-140 is approved. This situation is known as concurrent filing, when both forms – I-140 and I-485 – are submitted simultaneously.

However, if your I-140 has already been approved, you may file the I-485 immediately, as long as your case’s priority date is current according to the Visa Bulletin. Remember that each case has specific characteristics and, even though most EB-1 cases benefit from visa number availability, it is essential to regularly track updates in the Visa Bulletin to confirm that your priority date is indeed ‘current’.

It is important to strictly follow U.S. immigration laws and be cautious about information promising guaranteed results or exaggerated simplifications, as they may hide pitfalls or even scams. For a detailed analysis of your case, it is advisable to seek guidance from specialized professionals, always verifying information through official sources. This caution helps ensure that all process steps are correctly followed and in accordance with current legislation.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.