Concurrent Filing I-140 and I-485: Fees, Timing and Next Steps

When can you file your I-140 and I-485 together for an NIW or EB-1A? See 2026 fees, required forms, the medical exam rule, and what happens after I-140 approval.

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10/22/20265 min read

For NIW and EB-1A applicants already in the United States, concurrent filing can save months. Instead of waiting for the I-140 petition to be approved, you file the I-140 and your Form I-485 adjustment of status application together. While both are pending, you can apply for a work permit and travel document.

Concurrent filing is only possible when a visa number is available to you, which depends on the visa bulletin. This guide explains when you can file concurrently in late 2026, what you need, what it costs, and what happens once your I-140 is approved.

Key takeaways

You can file the I-140 and I-485 together only if your priority date would be current under the chart USCIS designates for that month.
In November 2026, EB-1 is current for Rest of World, and USCIS has indicated it will honor the Dates for Filing chart, where EB-2 Rest of World is March 15, 2026.
Key fees: I-485 $1,440, I-765 $260 and I-131 $630 when filed with the I-485, on top of the I-140 fees.
The Form I-693 medical exam must be submitted with the I-485.
After I-140 approval, your priority date is generally locked in, even if your situation changes.

What concurrent filing means

The employment-based green card process has two main steps. Form I-140 asks USCIS to classify you in a category such as EB-1A or EB-2 NIW. Form I-485 asks USCIS to grant you permanent residence. Normally, the second step waits until a visa number is available. If a visa number is available on the day you file the I-140, you can submit both at once.

Concurrent filing is available only to people in the US who are eligible to adjust status. If you live abroad, your case goes through the National Visa Center and a consulate after I-140 approval. See NIW Consular Processing.

When concurrent filing is allowed in late 2026

Because a new I-140 receives the filing date as its priority date, concurrent filing works only when today's date would be current. In the November 2026 Visa Bulletin:

EB-1 Rest of World, Mexico and Philippines are current on both charts, so EB-1A applicants from those countries can generally file concurrently.
EB-1 China and India have cutoff dates, so new EB-1A petitioners from those countries cannot file concurrently.
EB-2 Rest of World has a Date for Filing of March 15, 2026. A brand-new NIW filed today has a later priority date, so concurrent filing is not available for new EB-2 petitions this month.

EB-2 applicants with an earlier pending I-140 may be able to file the I-485 separately now, if their priority date is before March 15, 2026 and USCIS is honoring that chart.

Forms and documents for a concurrent filing

A typical concurrent filing package includes:

Form I-140, with the full petition, evidence and filing fee
Form I-485, the adjustment of status application
Form I-693, the medical examination record completed by a USCIS-designated civil surgeon. Since December 2, 2024, it must be submitted with the I-485.
Form I-765, for an employment authorization document (optional but common)
Form I-131, for advance parole travel permission (optional but common)
Birth certificate, passport, I-94 record, proof of lawful status and photos
Certified English translations of all foreign-language documents

USCIS updates Form I-485 periodically and rejects outdated editions. Download every form from the USCIS website on the day you prepare the package. Concurrent filings with an I-485 are mailed on paper.

2026 fees for concurrent filing

Under the USCIS fee schedule in effect since April 1, 2024:

Form I-140: $715, plus a $300 Asylum Program Fee for self-petitioners
Form I-485: $1,440, which includes biometrics ($950 for a child under 14 filing with a parent)
Form I-765 with a pending I-485: $260
Form I-131 advance parole with a pending I-485: $630
Premium processing (optional): $2,965 for the I-140, as of March 1, 2026

Premium processing speeds up only the I-140, not the I-485. Each family member who adjusts status files a separate I-485. Confirm current fees on the USCIS fee schedule before filing.

Benefits of concurrent filing

Work authorization. A pending I-485 lets you obtain an EAD, which does not depend on an employer or a temporary visa.
Travel. Advance parole lets you travel and return while the I-485 is pending, though you should get advice before traveling.
Family. A spouse and unmarried children under 21 can file their own I-485 applications and obtain work permits too.
Speed. The I-485 begins processing right away instead of waiting until after I-140 approval.

The risk is cost. If the I-140 is denied, the I-485 is denied with it, and the I-485 fees are not refunded. With NIW and EB-1A approval rates under 60 percent in recent quarters, many applicants file the I-140 first with premium processing, then file the I-485 once the I-140 is approved.

What happens after I-140 approval

Your priority date is preserved

Once the I-140 is approved, its priority date generally stays with you for future employment-based petitions, unless the approval is revoked for fraud, misrepresentation or material error. That protection exists only for approved petitions. A denied petition does not establish a priority date.

If your I-485 is pending

USCIS continues processing the adjustment application. Employment-based I-485 processing has ranged widely, from about 9.5 to more than 40 months depending on the office. You may be called for an interview. Check current times on the USCIS processing times page.

If you have not yet filed an I-485

You wait until your priority date is current under the chart USCIS designates, then file. Because NIW and EB-1A are self-petitions, Supplement J, the job confirmation form used in employer-sponsored cases, is generally not required.

If you are on an H-1B

An approved I-140 can allow H-1B extensions beyond the six-year limit in three-year increments when per-country limits prevent a visa from being available. Confirm your situation with an immigration attorney.

If you are abroad

The approved petition goes to the National Visa Center, which collects documents and fees before a consular interview.

Preparing a petition strong enough to file concurrently

Concurrent filing puts more money and time behind a single I-140, so the petition needs to be complete from the start. Since August 5, 2026, USCIS may deny a petition with missing initial evidence without first issuing a request for evidence. If you are weighing timing, our guide to NIW processing time in 2026 explains premium processing tradeoffs.

HoatPen prepares complete EB-1A and NIW petition packages, typically within 4 to 6 weeks of your consultation and profile assessment. Book a 1-hour profile consultation to plan your filing. The $100 fee is credited toward your writing package if you move forward.

Frequently asked questions

Can I file I-140 and I-485 together for an NIW?

Yes, if you are in the US, eligible to adjust status, and your priority date would be current under the chart USCIS designates that month. In November 2026, new EB-2 Rest of World petitions are not current, so most new NIW filers cannot file concurrently.

Can EB-1A applicants file concurrently?

EB-1A applicants from Rest of World, Mexico and the Philippines generally can, because EB-1 is current for those countries in November 2026. EB-1 China and India have cutoff dates.

Is a medical exam required when filing an I-485?

Yes. Since December 2, 2024, Form I-693 must be submitted with the I-485. An I-485 filed without it may be rejected.

What happens after my I-140 is approved?

Your priority date is preserved. If your I-485 is pending, USCIS continues processing it. If not, you file once your date is current, or your case moves to the National Visa Center if you are abroad.

Do NIW applicants need Supplement J?

Generally no. Supplement J confirms a job offer in employer-sponsored cases. EB-1A and NIW self-petitioners do not rely on a job offer.

HoatPen is a technical writing and consulting service, not a law firm. This article is general information and is not legal advice. Fees, forms and visa availability change; confirm current requirements with USCIS and an immigration attorney.

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HoatPen ~ part of HoatGroup LLC, is a technical writing and consulting service, not a law firm. We do not provide legal advice or representation in any jurisdiction. Our services focus on helping clients prepare high-quality written materials, including petitions, recommendation letters, and supporting documents based on publicly available immigration guidelines and professional writing standards.