What is concurrent filing and when is it available?

Concurrent filing means submitting the I-140 immigrant petition and the I-485 adjustment application at the same time, rather than waiting for I-140 approval before filing I-485. This is permitted when a visa number is immediately available in the relevant category — which for EB-1 (including EB-1A, EB-1B, and EB-1C) has historically been current or near-current for most countries. Concurrent filing compresses the timeline significantly and allows the applicant to receive EAD and Advance Parole while the I-140 is still pending. If the I-140 is subsequently denied, the I-485 is also denied — but in practice, EB-1 concurrent filings that clear the initial I-140 review rarely encounter this issue.

Can I travel internationally while my I-485 is pending?

Yes, but only with Advance Parole (Form I-131) in hand before departing. Leaving the US while an I-485 is pending without a valid Advance Parole document — or without a valid H-1B or L-1 visa that qualifies as an exception — is treated as abandonment of the adjustment application. Once Advance Parole is issued (typically a few months after filing), international travel is permitted. Returning on Advance Parole rather than on a valid visa can affect certain immigration status determinations, so travel planning should be reviewed before any departure.

What is the difference between adjustment of status and consular processing?

Both lead to a green card, but through different processes. Adjustment of status (I-485) is filed in the US; the applicant stays in the country and receives work authorization and travel permission while the case is pending. Consular processing requires the applicant to depart the US and attend an immigrant visa interview at a US embassy or consulate abroad. Adjustment is generally preferred when the applicant is already in valid US status — it avoids international travel, provides interim work authorization, and keeps the applicant in the US with their family. Consular processing may be necessary when the applicant is outside the US, lacks valid status to file I-485, or has a specific admissibility issue better resolved at a consulate.

What happens if my nonimmigrant status expires while my I-485 is pending?

Filing a timely I-485 generally protects the applicant from accruing unlawful presence after the nonimmigrant status period expires — but only if the I-485 was filed while the applicant was in valid status and is ultimately approvable. USCIS refers to this as being in a period of authorized stay. However, the I-485 itself does not extend an underlying visa status — an expired H-1B holder pending I-485 should not travel without Advance Parole and cannot renew or change their H-1B status in most circumstances. Maintaining a clear record through the I-485 pendency requires active monitoring.

Is an interview required for employment-based I-485 filings?

USCIS policy shifted in 2017 to require interviews for most employment-based I-485 filings at local field offices. In practice, many EB-1 and EB-2 NIW cases are interview-waived — USCIS may approve the I-485 on the record without scheduling an interview, particularly where the underlying I-140 is strong and the applicant has no admissibility issues. Whether an interview is required is determined by USCIS on a case-by-case basis; applicants should prepare for an interview as a baseline expectation.

Adjustment of Status (I-485) — US Immigration Associates

Overview

Staying in the US for the green card.

Adjustment of status is the process of applying for lawful permanent residence from inside the United States, without leaving the country to obtain an immigrant visa at a US consulate abroad. The key form is Form I-485, Application to Register Permanent Residence or Adjust Status. When adjustment is available and timely, it is almost always the preferred path for applicants already in valid nonimmigrant status — it avoids the disruption of international travel, provides work and travel authorization while the case is pending, and keeps the applicant and their family in the United States throughout the process.

Two conditions must be met before the I-485 can be filed: an approvable underlying petition must exist (I-140 for employment-based; I-130 for family-based), and a visa number must be immediately available in the relevant category. Visa availability is determined monthly by the State Department's Visa Bulletin. For EB-1 categories — EB-1A, EB-1B, and EB-1C — visa numbers have historically been immediately available for most countries except India and China, where demand has historically created backlogs. When EB-1 is current, an I-140 and I-485 can be filed concurrently, compressing the overall timeline significantly.

Filing the I-485 also triggers eligibility to file Form I-765 for an Employment Authorization Document and Form I-131 for Advance Parole travel authorization — both typically issued within a few months of filing, often well before the green card interview is scheduled.

Eligibility

Who can file the I-485.

Adjustment requires physical presence in the United States and an underlying petition in an approvable category. The four most common scenarios for USIA clients are described below.

EB-1A

Extraordinary ability — self-petition

EB-1A self-petitioners can file I-140 and I-485 concurrently when the EB-1 category is current. No employer sponsor required. The I-140 approval is not required before the I-485 can proceed — USCIS adjudicates both together. Among the fastest employment-based paths to adjustment for most nationalities.

EB-1B / EB-1C

Outstanding researcher or multinational manager

Employer-sponsored EB-1 categories. I-140 and I-485 may be filed concurrently when EB-1 is current. The employer's I-140 remains the underlying basis — if employment ends before the I-485 is approved, options depend on the stage of the case and available portability provisions under AC21.

EB-2 NIW

National interest waiver

Self-petition; no employer sponsor required. Concurrent filing available when EB-2 is current for the applicant's country of birth. For Indian and Chinese nationals, EB-2 backlogs can be substantial — confirm visa availability in the current Visa Bulletin before filing. EB-1A is typically the priority for applicants who qualify for both.

Spousal / family

Marriage-based and immediate relative

Spouses of US citizens (immediate relative — no backlog) can file I-130 and I-485 concurrently. Spouses of LPRs (F2A preference) must confirm visa availability first. See the Marriage-Based Green Card page for full details on the spousal adjustment process.

What you get while pending

Work authorization and travel protection.

Filing the I-485 opens access to two interim benefits that make the pending period significantly more manageable.

I-765

Employment Authorization Document

Filed concurrently with the I-485. Once issued, the EAD authorizes the applicant to work for any US employer — not just the sponsoring employer. This is particularly valuable for EB-1B and EB-1C applicants who may want employment flexibility during the adjustment period. USCIS typically issues EADs within a few months of filing; processing times vary by workload.

I-131

Advance Parole

Filed concurrently with the I-485. Advance Parole authorizes international travel while the I-485 is pending. Departing the US without valid AP — or without an H-1B or L-1 visa that provides an exception — abandons the pending I-485. AP is typically issued alongside the EAD; travel planning should account for the time needed to receive it.

Pricing

Add-on to primary petition engagement.

Adjustment of status is typically handled as an add-on to the underlying I-140 petition engagement. The fee covers the complete I-485 package — all concurrent forms, biometrics coordination, and interview preparation.

$3,500

Add-on fee

I-485 application preparation

I-765 (EAD) and I-131 (Advance Parole)

Biometrics appointment coordination

USCIS interview preparation

RFE response on I-485 (if issued)

Government filing fees are separate: USCIS I-485 filing fee is $1,440 (includes biometrics for applicants under 79). I-765 and I-131 are included in the I-485 filing fee when filed concurrently. See the fees page for full pricing by category. The controlling fee is the amount in your retainer agreement.

What to expect

From filing to green card.

1

Filing package preparation

We prepare the complete I-485 package — civil documents, I-693 medical examination coordination, I-864 affidavit of support (if applicable), I-765 and I-131. For concurrent filings, the I-140 and I-485 packages are assembled together and filed simultaneously.

2–3 weeks

2

USCIS receipt and biometrics

USCIS issues receipt notices and schedules a biometrics appointment at an Application Support Center. Fingerprints, photograph, and signature are collected. EAD and Advance Parole are typically issued a few months after the biometrics appointment.

1–4 months after filing

3

USCIS interview (if scheduled)

For employment-based cases, USCIS may approve on the record without an interview — or may schedule one at the local field office. We prepare all applicants for a potential interview regardless. If an RFE is issued on either the I-140 or I-485, we respond within the required timeframe.

8–18 months after filing (if required)

4

Approval and green card production

Upon approval, USCIS produces and mails the green card. The initial card is valid for 10 years and is renewable. No conditions apply to employment-based green cards; conditional residence applies only to certain family-based cases where the relationship is less than two years old at grant.

Weeks after approval

FAQ

Common questions.

Concurrent filing means submitting the I-140 and the I-485 at the same time. This is permitted when a visa number is immediately available — which for EB-1 has historically been current for most countries. Concurrent filing compresses the timeline significantly and allows EAD and Advance Parole to be issued while the I-140 is still pending. If the I-140 is denied, the I-485 is also denied — but strong EB-1 concurrent filings rarely encounter this outcome.

Yes, but only with Advance Parole (Form I-131) in hand before departing. Leaving the US while an I-485 is pending without a valid AP document — or without a valid H-1B or L-1 visa that qualifies as an exception — is treated as abandonment of the adjustment application. Once AP is issued, international travel is permitted. Travel planning should be reviewed with counsel before any departure.

Adjustment (I-485) is filed in the US; the applicant stays in the country and receives EAD and AP while pending. Consular processing requires the applicant to depart and attend an immigrant visa interview abroad. Adjustment is generally preferred for applicants already in valid US status — it avoids travel and provides interim work authorization. Consular processing may be necessary when the applicant is outside the US, lacks valid status, or has an admissibility issue better resolved at a consulate.

A timely-filed, approvable I-485 generally protects against unlawful presence accrual after the underlying status period ends — USCIS treats this as a period of authorized stay. However, an expired underlying status prevents renewal or extension of the nonimmigrant visa and can create complications for re-entry on AP. Maintaining a clear record through the pendency requires active monitoring and counsel.

USCIS requires interviews for most employment-based I-485 filings, but in practice many EB-1 and EB-2 NIW cases are interview-waived — USCIS approves on the record when the I-140 is strong and there are no admissibility issues. Whether an interview is required is determined case by case. We prepare all applicants for a potential interview regardless of the likelihood, since scheduling can occur without advance notice.

Adjustment of Status — The I-485 pathto permanent residence.