Skip to content

When can I file the I-485 together with the I-140?

Key answer

When your visa-bulletin date is current (usually at once for EB-1, by the queue for EB-2 NIW), you are in the US in lawful status and did not enter visa-free. The chats treat concurrent filing as routine for EB-1A; after retrogression the I-485 is "attached" to an already approved I-140 once the date comes up.

Community answers

The answers below are translated from the original Russian - the language of the community chats.

  • An English teacher with 30 years of experience filed EB-1 concurrently with the I-485; the I-485 drew two RFEs, both about documents, not substance.

  • When the NIW was approved in October and the queue moved, the I-485 was "attached to the already approved I-140" - no refiling was needed.

  • Without a current date you cannot file, and sometimes that means 2-3 years of waiting without status - unlike marriage to a citizen, where a pending I-485 gives lawful presence at once.

The answers are anonymized community experience from the public chats, not legal advice. Officers may decide similar cases differently.

Sources

All questions on: Green cardAll questions on: Process and timelines

Related on this site

Similar questions

A reference page built from community experience, not legal advice. Requirements and practice change - verify on uscis.gov.

Did this answer help?