Can the I-485 and I-140 be approved at the same time under concurrent filing?

Under EB-2 NIW, concurrent filing allows you to submit the I-140 (immigrant petition) and the I-485 (adjustment of status) at the same time. This is possible when a visa number is available for your priority date, which you can track in the Visa Bulletin. Without that availability, the I-485 will not be accepted alongside the I-140.

Filing together, however, does not mean both petitions will be decided at the same moment. Each petition follows its own review path: the I-140 is examined for EB-2 NIW eligibility, while the I-485 goes through admissibility checks, security reviews, and other adjustment-of-status factors.

Therefore, approval of one form does not guarantee or accelerate approval of the other. In some cases the decisions come close together; in others, there is a gap between them. The timeline depends on the specifics of each petition and the processing queue.

• Concurrent filing combines the submission, not the decision.
• It requires an available visa number for your priority date.
• Each petition is evaluated according to its own criteria.

Because rules and review timelines can change, it is worth following USCIS guidance and discussing your specific case with a professional before counting on simultaneous approval.

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.