Can I File I-140 and I-485 Concurrently with EB-2 India Priority Date?

If you’re an Indian professional or employer considering the EB-2 green card process, you may wonder if you can file Form I-140 (Immigrant Petition for Alien Worker) and Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time. This is called “concurrent filing.” For EB-2 India, the rules are strict, and the answer depends on your priority date and the current status of the Visa Bulletin. This guide will help you quickly figure out if you qualify for concurrent filing, what the requirements are, what might disqualify you, and what to do if you don’t qualify right now.

Can You File I-140 and I-485 Concurrently for EB-2 India?

The simple answer: You can only file I-140 and I-485 together (concurrently) for EB-2 India if your priority date is current according to the latest Department of State Visa Bulletin. If your priority date is not current, you cannot file both forms at the same time. This rule is the same for all employment-based green card categories, but it’s especially important for EB-2 India because of the long wait times.

Let’s break down what this means, step by step.

What Is a Priority Date and Why Does It Matter?

Your priority date is the date when your employer filed the PERM labor certification (or, in some cases, the I-140 petition if PERM is not required) for you. This date puts you in line for a green card. For EB-2 India, the line is very long—often more than a decade.

The Visa Bulletin is a monthly update from the U.S. Department of State. It shows which priority dates are “current” for each green card category and country. If your priority date is “current,” you can file Form I-485. If it’s not, you must wait.

• Current priority date: Your date is before or on the cutoff date in the Visa Bulletin for EB-2 India.
• Not current: Your date is after the cutoff date. You must wait.

You can check the latest Visa Bulletin here.

Yes/No Qualification Criteria for Concurrent Filing

You qualify for concurrent filing of I-140 and I-485 for EB-2 India if:

• YES: Your priority date is current according to the latest Visa Bulletin for EB-2 India.
• NO: Your priority date is not current. You cannot file I-485 with your I-140.

Example:
– If the July 2025 Visa Bulletin says EB-2 India is current for priority dates before January 1, 2013, and your priority date is December 15, 2012, you can file both I-140 and I-485 together.
– If your priority date is February 1, 2013, you must wait until your date becomes current.

Detailed Requirements for Concurrent Filing

To file I-140 and I-485 at the same time for EB-2 India, you must meet all of these requirements:

1. Priority Date Must Be Current
– Check the Visa Bulletin for the latest cutoff date for EB-2 India.
– Your priority date must be on or before the listed cutoff date.

2. Complete and File Form I-140
– This form is your employer’s petition for you as a skilled worker or professional.
– You can find the official Form I-140 here.

3. Complete and File Form I-485
– This form is your application to adjust status to permanent resident (green card holder).
– You can find the official Form I-485 here.

4. Include Supporting Documents
– Form I-693 (medical exam) official link
– Proof of lawful status in the United States 🇺🇸 (such as a valid visa)
– Employment verification letter
– Copies of all previous immigration documents
– Passport-style photos

5. Pay Required Fees
– I-140 filing fee: $700 (as of 2025)
– I-485 filing fee: $1,140 (plus $85 biometrics fee for most applicants)
– Medical exam and other supporting document costs

6. Apply for EAD and Advance Parole (Optional)
– You can file for an Employment Authorization Document (EAD) Form I-765 and Advance Parole Form I-131 along with your I-485.
– This allows you to work and travel while your green card application is pending.

Disqualifying Factors for Concurrent Filing

You cannot file I-140 and I-485 together for EB-2 India if:

• Your priority date is not current. This is the most common reason for denial.
• You are not physically present in the United States 🇺🇸. I-485 is for adjustment of status inside the United States 🇺🇸. If you are outside, you must use consular processing.
• Your I-140 is not ready to file. You need a complete, signed petition with all supporting documents.
• You do not have valid status in the United States 🇺🇸. If you are out of status, you may not be eligible to adjust status.
• You file I-485 before your priority date is current. USCIS will reject your application and you will lose your filing fees.

Example of Disqualification:
– Rajesh’s priority date is March 2014 for EB-2 India. The July 2025 Visa Bulletin cutoff is January 2013. If Rajesh files I-485 now, it will be rejected because his date is not current.

What If You Don’t Qualify for Concurrent Filing?

If you do not qualify for concurrent filing, you still have options:

1. File I-140 Alone
– You can file your I-140 petition as soon as your employer is ready, even if your priority date is not current.
– This starts your green card process and secures your place in line.

2. Wait for Your Priority Date to Become Current
– Track the Visa Bulletin every month.
– When your date becomes current, file I-485 as soon as possible.

3. Consider Upgrading to EB-1 (If Eligible)
– EB-1 has shorter wait times for India.
– If you qualify (for example, as an outstanding professor, researcher, or multinational manager), your employer can file a new I-140 in the EB-1 category.
– If your EB-1 priority date becomes current, you can file I-485 based on that petition.

4. Maintain Valid Status in the United States 🇺🇸
– Keep your H-1B, L-1, or other nonimmigrant status valid while waiting.
– This allows you to stay and work legally until you can file I-485.

5. Explore Other Visa Options
– Some applicants look at family-based green cards, investment visas, or other employment-based categories if eligible.

How to Improve Your Chances for Concurrent Filing

1. File I-140 Early
– The sooner you file, the earlier your priority date.
– Even if you can’t file I-485 now, an early priority date may help you later.

2. Use Premium Processing for I-140
– Premium processing speeds up I-140 review to 15 days for an extra fee.
– This does not speed up the visa bulletin wait, but it helps you get an approved I-140 faster.

3. Monitor the Visa Bulletin Closely
– Sometimes, cutoff dates move forward quickly (“visa bulletin jumps”).
– Be ready to file I-485 as soon as your date is current.

4. Prepare All Documents in Advance
– Gather medical exams, employment letters, and other paperwork early.
– This helps you file quickly when your date becomes current.

5. Consult an Immigration Attorney
– An experienced lawyer can help you plan your filings, avoid mistakes, and explore all possible options.

Step-by-Step Example: EB-2 India Applicant

Let’s walk through a real-world scenario:

Priya’s Case:
– Priya is an Indian software engineer working in the United States 🇺🇸 on H-1B.
– Her employer filed PERM in January 2012. Her priority date is January 15, 2012.
– The July 2025 Visa Bulletin says EB-2 India is current for dates before February 1, 2013.

What can Priya do?
– Priya’s priority date is current.
– She can file I-140 and I-485 at the same time (concurrent filing).
– She includes Form I-693, proof of status, and pays all fees.
– She also files for EAD and Advance Parole.
– USCIS will process both forms together, and Priya can work and travel while waiting.

Ravi’s Case:
– Ravi’s priority date is March 1, 2014.
– The cutoff is February 1, 2013.
– Ravi cannot file I-485 yet. He can only file I-140 and must wait for his date to become current.

Processing Times and What to Expect

Total wait time for EB-2 India can be 14-18 years:
– PERM labor certification: 12-24 months
– I-140 processing: 4-9 months (15 days with premium processing)
– Visa bulletin wait: 12+ years for most applicants
– I-485 processing: 6-32 months

Premium processing is only available for I-140, not for I-485 or the visa bulletin wait.

Concurrent filing can save time if your date is current, but for most EB-2 India applicants, the long visa bulletin wait is the main delay.

Policy Updates and Recent Changes

• The latest Form I-485 (December 2024 version) now requires you to submit Form I-693 (medical exam) at the same time. This may help speed up your green card approval, but it adds upfront costs.
• No major policy changes have changed the rule that your priority date must be current for concurrent filing in EB-2 India.
• USCIS still allows premium processing for I-140, but this does not affect the visa bulletin backlog.

Official Resources

• USCIS Forms and Instructions: USCIS Forms
• Visa Bulletin: Department of State Visa Bulletin
• I-140 Form: Form I-140
• I-485 Form: Form I-485
• I-693 Medical Exam: Form I-693
• USCIS Customer Service: 1-800-375-5283

Key Takeaways

• Concurrent filing of I-140 and I-485 for EB-2 India is only allowed if your priority date is current.
• Most EB-2 India applicants must wait many years for their priority date to become current.
• Filing I-485 before your date is current will result in rejection and lost fees.
• If you don’t qualify now, file I-140 alone and monitor the Visa Bulletin.
• Consider premium processing, EB-1 upgrade, and keep your status valid in the United States 🇺🇸.
• Prepare documents early and consult an immigration attorney for the best strategy.

According to analysis by VisaVerge.com, the backlog for EB-2 India remains one of the longest in the employment-based green card system, making concurrent filing rare but possible for those with very early priority dates. Staying informed and ready to act when your date becomes current is the best way to move forward.

For more details on eligibility and the latest updates, always check the official USCIS website for concurrent filing and green card process information.

By understanding these rules and planning ahead, you can make the most of your EB-2 India green card journey and avoid costly mistakes.

Learn Today

Concurrent Filing → Submitting Form I-140 and I-485 together when priority date is current for quicker processing.
Priority Date → The date when the employer filed PERM or I-140; determines your place in the visa queue.
Visa Bulletin → Monthly Department of State report showing current priority dates and visa availability per country.
Form I-140 → Immigrant Petition for Alien Worker filed by employer to begin green card process.
Form I-485 → Application to Register Permanent Residence or Adjust Status filed to obtain a green card.

This Article in a Nutshell

Indian EB-2 applicants can file I-140 and I-485 together only if the priority date is current according to the Visa Bulletin. This concurrency speeds processing, but most face long waits. Knowing deadlines, fees, and eligibility is vital to avoid costly rejections and ensure timely green card application progress.
— By VisaVerge.com