Concurrent filing I-140 + I-485 in 2025: when it’s allowed and who benefits
This expert guide explains the simultaneous filing of immigrant petition I-140 and Adjustment of Status (AOS) I-485 for EB-1/EB-2/EB-3/EB-5 categories. You’ll find eligibility rules, who benefits, a decision tree, pros/cons, step-by-step checklist, 2025 fees/timelines, common mistakes, and an FAQ. Optimized for the query concurrent filing I140 I485 2025 and the “conditions/benefits” intent.
What concurrent filing means
Concurrent filing is filing immigrant petition I-140 and I-485 Adjustment of Status at the same time by applicants physically in the U.S. (not consular processing). The main advantage is early access to “benefits while pending”: EAD (I-765) and Advance Parole (I-131) without waiting for I-140 approval.
Core eligibility
- You are in the U.S. and filing Adjustment of Status (I-485); concurrent filing is not available for consular processing.
- Visa immediately available for your category/chargeability: your PD is current under the chart (Final Action or Dates for Filing) that USCIS designates for employment-based AOS that month.
- Category EB-1 / EB-2 (incl. NIW) / EB-3 / EB-5 and no §245(c) bars (or you qualify for exceptions/245(i)).
- No inadmissibility under INA 212(a), or a proper waiver accompanies your case.
Situational notes
- EB-5: concurrent I-526E + I-485 is allowed when visas are available and the investor is in the U.S.
- Transfer of Underlying Basis: possible if the new basis also meets the “visa available” test.
- AC21 mobility: job portability after 180 days of I-485 pending and if jobs are same/similar.
Who benefits in 2025
| Profile | Why it’s a good fit | Watch-outs |
|---|---|---|
| EB-1A / EB-1B with current PD | Fastest path to EAD/AP; potential CSPA age “freeze” for children with quick PDs. | RFE/NOID on final-merits can slow AOS; travel only after AP is issued. |
| EB-2 NIW (self-petition) | No employer-sponsor; career flexibility; early EAD/AP. | Visa Bulletin volatility; longer I-140 in some centers. |
| EB-3 (professionals/skilled) | When PD is current, EAD work authorization regardless of H/L status. | Offer stability; portability risk before 180 days of AOS. |
| EB-5 investors in the U.S. | I-526E + I-485 if visas available; early EAD/AP. | RC/project status; separate payments for each form. |
| Families with derivatives | AOS for all; CSPA benefits if filed timely. | Child’s age/CSPA calculations; sync medicals and addresses. |
EB-1A / EB-1B (PD current)
Pro: quick EAD/AP; CSPA “freeze”.
Risk: final-merits RFEs; travel only after AP.
EB-2 NIW
Pro: self-petition, flexibility, early EAD/AP.
Risk: chart swings; I-140 may be lengthy.
EB-3
Pro: EAD even if nonimmigrant status is tight.
Risk: offer stability; 180-day portability rule.
EB-5 (in the U.S.)
Pro: concurrent I-526E + I-485; early EAD/AP.
Risk: RC/project compliance; separate fees.
Families with children
Pro: AOS for all; CSPA benefits.
Risk: track CSPA clock and medicals.
Concurrent filing: decision tree
Each month USCIS states which Visa Bulletin chart to use for EB AOS (Final Action or Dates for Filing). The visa must be available both at filing and at approval of I-485.
What concurrent filing delivers (vs. sequential filing)
In 2025 practice, EAD/AP via concurrent filing commonly arrive sooner (~4–8 months). Sequential filing delays these benefits by at least the I-140 timeline. Risk: I-140 denial typically leads to I-485 denial; expect possible RFE/NOID — quality of the I-140 package is critical.
EB categories & concurrent filing
EB-1A / EB-1B
Strong cases with current PD. Check “major significance”, independent letters, citations; consider premium I-140 if risk exists.
EB-2 / NIW
Self-petition and flexibility. Monitor the monthly chart: USCIS may require Final Action for AOS.
EB-3
Stable job offer, consistency with PERM (if any). AC21 portability after 180 days of I-485.
EB-5
I-526E + I-485 when visas are available; separate payments; mind RC/project compliance.
Step-by-step (concurrent I-140 + I-485)
- Visa availability check: compare PD to the Visa Bulletin and the USCIS page naming which chart to use for the filing month.
- AOS pre-audit: entry/maintenance of status, §245(c) bars, INA 212(a) inadmissibility, any needed waivers.
- I-140 package: category (EB-1/EB-2/EB-3/EB-5), evidence, forms (incl. G-28), separate fee; consider premium processing if helpful.
- I-485 package for each family member:
- I-485 + I-693 (medical; can respond via RFE), I-864/I-864W if applicable, photos, ID copies, I-94.
- Recommended: I-765 (EAD) & I-131 (AP) — separate fees for filings on/after 04/01/2024.
- Assembly & mailing: separate checks for each form; correct lockbox; tracking.
- After NOA: biometrics; possible RFEs; consider transfer of underlying basis if strategy shifts.
- EAD/AP: work/travel only after documents are issued; avoid travel beforehand.
- Interview/waive: at USCIS discretion; visa must also be available at final approval.
As of April 2024, EAD/AP are no longer bundled with I-485 — confirm fees via G-1055.
2025 fees & timelines — quick rules
- Verify amounts using the G-1055 Fee Schedule and USCIS fee calculator before mailing. Wrong fee → rejection.
- Since 04/01/2024 I-765 and I-131 filed with I-485 are generally paid separately. (Final Fee Rule examples: I-765 with I-485 — $260; I-131 — $630. Always confirm in G-1055.)
- Timelines vary: EAD/AP ~4–8 months; I-140 from premium (15 calendar-day action) to several months; I-485 from months to 1+ year depending on office and visa availability.
- Premium I-140 does not expedite I-485 but de-risks the base faster.
Track which chart USCIS designates each month for EB AOS. If the chart “closes,” I-485 approval may wait until visas reopen.
Common mistakes & practical tips
Using the wrong chart
- USCIS may require Final Action for EB AOS while you filed using Dates for Filing.
- Tip: save a screenshot of the USCIS “which chart to use” page on your prep day.
Mixing payments
- EB-5: do not combine fees for I-526E and other forms — risk of rejection.
- Separate checks; verify form editions (04/01/24+).
Travel without AP
- Departing before AP can break AOS.
- Plan trips only after the physical AP is in hand.
Weak I-140 base
- EB-1 final-merits / NIW justification are frequent RFE/NOID triggers.
- Premium I-140 helps remove uncertainty faster.
CSPA age errors
- Poor calculations can cause a child to “age out.”
- Track CSPA time and file derivatives promptly.
Mis-handled transfer
- Switching to a basis that doesn’t allow concurrent filing will be denied.
- Verify visa availability for the new basis first.
2025 trend: many local offices schedule interviews even for “clean” files. Prepare work/scientific evidence, medicals, and job match documentation early.
FAQ: concurrent filing
- Can I do this with consular processing?
- No. Concurrent filing is AOS-only inside the U.S. For consular cases, I-140 is with USCIS and the immigrant visa is with DOS separately.
- How do I know my visa is “available”?
- Compare your PD to the current Visa Bulletin and verify the month’s USCIS page naming which chart applies to EB AOS.
- If I-140 is denied, what happens to I-485?
- Generally I-485 is denied as well because the basis failed. Sometimes you can transfer the underlying basis if the new basis allows AOS and a visa is available.
- Do I pay for EAD/AP when filing with I-485 after 04/01/2024?
- Yes. I-765 and I-131 are typically separate fees. Confirm via G-1055 and the USCIS calculator.
- Can I change employers while I-485 is pending?
- After 180 days and if the jobs are same/similar (AC21), yes — coordinate with counsel.
- What about children under CSPA?
- CSPA age can “freeze” during I-140 adjudication; act promptly when visas open and track the child’s CSPA window.
Official sources
- USCIS — Concurrent Filing of Form I-485
- USCIS — Visa Availability & Priority Dates
- USCIS — Which chart to use for AOS
- DOS — Visa Bulletin
- USCIS Policy Manual, Vol. 7 (AOS; visa availability at filing/approval)
- USCIS — Form I-485
- USCIS — G-1055 Fee Schedule
- USCIS — Final Fee Rule (fees since 04/01/2024)
- USCIS — EB-5 Q&A (I-526E + I-485 concurrent)
