Concurrent Filing and EB1A: Strategic Shortcut or Costly Mistake?

2. What Concurrent Filing Really Means for EB1A

To understand the strategy, we must first break down the components. In the world of US immigration, an EB1A concurrent filing I-485 involves two distinct applications submitted at the same time:

• Form I-140: The Immigrant Petition for Alien Workers (the ‘merit’ part where you prove your extraordinary ability).
• Form I-485: The Application to Register Permanent Residence or Adjust Status (the ‘Green Card’ part).

Simply put, can you file I-140 and I-485 together with EB1A?

Yes, provided you are physically in the US and your priority date is ‘current.’ However, many applicants confuse being ‘allowed to file’ with it being ‘recommended.’ While the law permits a joint submission, doing so merges the fate of your residency application with the immediate success of your extraordinary ability claim.

3. Visa Bulletin Timing Is the Real Gatekeeper

The Visa Bulletin EB1 India and China charts are the ultimate arbiters of your filing strategy. You cannot file concurrently unless your priority date is currently under the ‘Dates for Filing’ or ‘Final Action Dates’ chart, depending on USCIS guidance for that month.

As we look at the EB1A processing time 2026 landscape, retrogression remains a significant factor. If your category is current now, concurrent filing can provide a massive head start. However, if there is an EB1A priority date backlog for your country of chargeability, the option is off the table entirely. In a retrogressed environment, filing the I-140 first to ‘lock in’ your priority date is often the only move. Concurrent filing won’t help you jump a queue that is already closed.

Not sure if concurrent filing is the right move for your situation? Get a free EB1A evaluation, and we’ll guide your timeline with clarity.

4. When Concurrent Filing Can Be a Smart Strategy

Under the right circumstances, an EB1A adjustment of status filed alongside the I-140 is highly advantageous. This is a ‘power move’ when:

• Your Priority Date is Current: You have a clear window to file without the risk of the door closing due to retrogression.
• You Need Immediate Benefits: Filing the I-485 allows you to apply for an Employment Authorization Document (EAD) and Advance Parole (AP), providing work and travel flexibility while the I-140 is pending.
• Your Case Strength is Exceptional: If your evidence is robust, well-documented, and clearly meets the EB1A criteria, the risk of a denial is low.
• Timing Optimization: You want to avoid the 6 to 12 month gap that usually occurs between I-140 approval and I-485 filing.

This works best when your case is decision-ready and your legal narrative is ironclad.

5. When It Becomes a Costly Mistake

Concurrent filing can backfire if used as a rush tactic. The EB1A denial risk concurrent filing becomes real when an applicant files before their evidence is fully mature. If the I-140 is denied, the associated I-485 is usually denied automatically as well. This leads to:

• Financial Loss: You lose thousands of dollars in I-485 filing fees that are non-refundable.
• Legal Vulnerability: If you are relying on the pending I-485 for your legal stay in the US and the I-140 is denied, you could fall out of status immediately.
• RFE Complications: A Request for Evidence (RFE) on a concurrent case can trigger immense stress, as the stakes now involve your immediate right to remain in the country.

If you are relying on weak interpretations of the criteria, it is often safer to file the I-140 with the EB1A premium processing timeline (15 days) and wait for approval before committing to the I-485 fees.

6. A Practical Decision Checklist

Before you file, run your situation through this fast decision filter. You should only consider concurrent filing if you can say ‘Yes’ to all four:

• My Visa Bulletin category is current for my country of birth.
• My EB1A evidence is strong, peer-reviewed, and clearly explained.
• My documentation (medical exams, birth certificates, etc.) is complete and consistent.
• I understand my timeline and have the risk tolerance for a potential I-140 denial.

If any answer is unclear, do not rush.

7. FAQs

Can EB1A be filed concurrently with I-485?
Yes, as long as the Visa Bulletin shows your priority date is current and you are filing from within the United States.

Does concurrent filing speed up approval?
It doesn't speed up the I-140 merit decision, but it allows the I-485 process to begin earlier, potentially saving months on the total Green Card timeline.

What happens if I-140 gets an RFE after I file I-485?
The I-485 remains held until the I-140 is resolved. If the I-140 is eventually denied, the I-485 is typically denied as well.

Is premium processing worth it for EB1A?
Absolutely. Given the high stakes of EB1A filing strategy, getting a 15-day decision helps you pivot quickly if an RFE or denial occurs.