Can Forms I-140 and I-485 be filed simultaneously?
Yes, this is known as concurrent filing. If you have filed an I-140 petition, you are eligible to file I-485 (Adjustment of Status) application. You can do so by submitting the Receipt Notice of the pending I-140 with the I-485 application. Additionally, applications for Employment Authorization (EAD) and Advance Parole may be filed with the I-485 application. Family members (spouse, children) can also file I-485 at this time. If I-140 and I-485 are Filed Concurrently Will the USCIS Process Both Simultaneously? Yes, now a concurrently filed I-140 and I-485 petition will be adjudicated simultaneously. However, if your I-140 is denied, I-485 will also be rejected.
Related Questions
- I am currently on a H-1B visa, which expires in five (5) months. If I file the I-140 and I-485 petitions concurrently and obtain an EAD, do I need an H-1B visa extension?
- When we filed our I-485 petition, we applied for an EAD card for my spouse who is on H-4 status. What is her status if she uses the EAD card?
- With my I-140 approval and I-485 application pending, can I change jobs multiple times using AC-21?