Can I file my I-140 and I-485 together (concurrent filing)?

The EB-2 NIW process is an interesting route for professionals who wish to immigrate to the United States without the need for a job offer. A common question, especially among those who are undergoing the process while in the country or planning the move, is whether it is possible to file the I-140 (immigrant classification petition) and the I-485 (adjustment of status) simultaneously, known as ‘concurrent filing’.

In general terms, the possibility of filing both forms concurrently is conditioned on the availability of the visa number, as published in the Visa Bulletin by the U.S. Department of State. For many candidates in the EB-2 NIW category, if their priority date is current, this may allow for adjustment of status (I-485) while their I-140 is being processed or shortly after its approval.

It is important to highlight that eligibility for adjustment of status also depends on the applicant being legally present in the United States, among other criteria established by immigration law. It is essential to pay attention to the frequent changes in guidelines and processing times, as well as to emphasize the importance of strictly following United States immigration laws.

Seeking updated information from official sources, such as USCIS and the Department of State, is crucial to ensure you meet all applicable requirements. Furthermore, when seeking assistance, it is always advisable to identify professionals specialized in the area to avoid falling victim to scams or promises of guaranteed results in marketing campaigns.

In summary, the answer to your question will depend on factors such as the availability of the visa number and your personal situation within the adjustment of status requirements. Ensuring careful reading of the official instructions and staying informed about regulatory updates is essential for a safe handling of your 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.