In the EB-1B, can I file the I-140 and I-485 concurrently?

Yes. Under EB-1B, concurrent filing is allowed: you can file the I-140 and the I-485 at the same time, instead of waiting for the I-140 to be approved before requesting adjustment of status. The key condition is that a visa number must be available for you.

In practice, this means your priority date must be available (“current”) in the Visa Bulletin published by the Department of State for the EB-1 category and your country. Because EB-1 generally has good availability, this scenario is common, although waits can occur in certain cases and countries.

• Advantage: filing everything together can accelerate steps in the permanent residence process.
• Condition: you must fully meet all EB-1B eligibility requirements.
• Note: visa number availability changes over time and can affect whether concurrent filing is possible.

Because availability is reviewed periodically and each case has its own specifics, it is worth checking the current situation in the Visa Bulletin and USCIS guidance and, if possible, planning the strategy with a specialist before filing.

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.