Can I do concurrent filing of the I-140 and I-485 if I am on J-1 status?

When it comes to immigration processes, especially in the United States, it is important to understand how each step relates to your current status. In the case of the EB-2 NIW, the concurrent filing procedure – that is, the simultaneous submission of the I-140 (immigrant petition) and the I-485 (adjustment of status) – can be an advantageous strategy for some applicants. However, when your status is J-1, there are specific issues that need to be carefully evaluated.

Therefore, although the concurrent filing system is allowed for people who are already eligible for adjustment of status, the fact that you are under a J-1 visa can complicate the scenario. If you are subject to the two-year foreign residency requirement, commonly known as the “home residency requirement,” you will first need to fulfill this obligation or obtain a waiver before you can adjust your status within the United States.

This step is crucial because, without the waiver, the adjustment of status – such as adjustment via I-485 – can be denied even if your I-140 is approved. Furthermore, if your case does not permit adjustment of status due to the conditions of the J-1, you may need to opt for consular processing, meaning the visa application will be handled by a U.S. consulate or embassy outside the country.

This change of route may require a detailed analysis of your history and a well-structured strategy based on your particular situation. It is always essential to strictly follow U.S. immigration laws and to seek guidance from qualified professionals who can analyze your case in a personalized manner. Avoid pitfalls and proposals promising quick or guaranteed results, as immigration procedures are complex and each case has particularities that need to be carefully observed.

The decision on which path to take must be made cautiously and, whenever possible, with the support of experts in the field. This way, you ensure a correct analysis and avoid future problems in the immigration process.

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.