Is concurrent filing available if I file a First Preference (EB-1) I-140 petition?
Yes. Concurrent filing is available for the first three preference categories (i.e., EB-1, EB-2, and EB-3). However, CIS heavily scrutinized all first preference I-140s and thus, the approval rate of EB-1 petitions is lower than that of petitions in the EB-2 and EB-3 categories, and if your EB-1 I-140 petition is denied, the concurrently filed AOS application will also be denied.