The Short Answer
Yes, you can — but only if two things are true. First, a Green Card number must be available for your country this month. Second, you must be inside the United States. If either one is not true, you must wait.
What Is Concurrent Filing?
Concurrent filing is simple. It means you send two forms together in one package:
- Form I-140 — your EB-1A petition. This proves your extraordinary ability.
- Form I-485 — your Green Card application. This is the final step.
Normally, people file the I-140 first, wait for approval, and then file the I-485. With concurrent filing, you skip the waiting and send both at once.
Why Is This So Useful?
Because once your I-485 is filed, you can also apply for two very helpful things:
- A work permit (Form I-765) — so you can work for any employer while you wait.
- A travel document (Form I-131) — so you can leave the U.S. and come back safely.
Filing both forms together can give you these benefits months or even years earlier.
So Why Can't Everyone Do It?
Here is the catch: it does not depend on how strong your case is. It depends on the Visa Bulletin — a chart the government publishes every month. The chart shows which countries can file the Green Card form right now and which countries must wait in line.
Three things decide your place in line:
- Your category (EB-1)
- Your country of birth
- Your priority date (the date your case entered the line)
There is one more twist. The bulletin actually has two charts — a strict one and a generous one. Every month, USCIS picks which chart people must use. That one choice can open or close the door for thousands of applicants.
What Changed in May 2026?
In April 2026, USCIS let everyone use the generous chart. In May 2026, it switched to the strict chart. For most countries, nothing changed — EB-1 stayed open. But for people born in China or India, the cutoff moved back from about December 2023 to April 1, 2023. That is roughly eight months of eligibility gone in one month.
✅ Most countries
The door is open. If you are in the U.S. and eligible, you can file the I-140 and I-485 together right now.
⏳ China and India
You can only file the I-485 if your priority date is before April 1, 2023. If not, file the I-140 alone and check the bulletin every month.
What If You Live Outside the U.S.?
Then the I-485 is not for you, because the rules say you must be inside the United States to file it. Instead, your I-140 gets approved first, and then you attend an interview at a U.S. embassy in your country. This is called consular processing. Same Green Card at the end — just a different road.
One Warning: Open Doors Can Close
The government has warned that some dates may move backward before September 30, 2026 if too many people apply. This is called retrogression. It means a door that is open today can close next month.
The Bottom Line
A strong EB-1A case and the right to file your Green Card form are two different things. One depends on your achievements. The other depends on a monthly chart. Before you file, check two things: the current Visa Bulletin and the chart USCIS picked for this month. When both say yes — act fast.