Employment-Based Green Cards · EB-1A Concurrent Filing
Can You File EB-1A and Adjustment of Status Together in 2026?
The short answer: sometimes yes, sometimes no — and which one is true for you can change from month to month. Concurrent filing of the I-140 and the I-485 is one of the most valuable mechanics in the EB-1A toolkit when it's available, but eligibility depends on the Visa Bulletin, your country of chargeability, your priority date, and a separate USCIS determination about which chart applicants must use.
This guide explains how the mechanics actually work in 2026, what the current month's filing landscape looks like, and how recent month-over-month movement should shape your decisions.
What "concurrent filing" actually means
Concurrent filing is the regulatory mechanism that allows a petitioner to file the I-140 immigrant petition and the I-485 adjustment of status application together — in the same package, before the I-140 has been adjudicated. The applicable USCIS regulation permits this only when an immigrant visa number is "immediately available" to the applicant at the time of filing.
"Immediately available" is the key phrase, and it does not have a casual meaning. It is determined by the monthly Visa Bulletin published by the U.S. Department of State, read together with a separate monthly determination by USCIS specifying which chart in the Visa Bulletin applicants must use.
To file the I-485 at all — concurrently with the I-140 or after the I-140 is approved — the applicant must also be physically present in the United States at the time of filing. Applicants abroad cannot file an I-485; they move through consular processing.
EB-1A approval and I-485 filing are related but separate questions. You can have a strong EB-1A case and still be unable to file the I-485 today if the bulletin is not current for your category and country.
The two-chart framework
Each month, the Department of State publishes two charts for employment-based categories: Final Action Dates and Dates for Filing. They serve different purposes.
- Final Action Dates control whether a visa can actually be issued or an adjustment of status approved. A case can be granted only when the priority date is earlier than the applicable Final Action Date.
- Dates for Filing are typically earlier than the Final Action Dates. They tell applicants when they may submit their case so it can be in the queue once a visa number becomes available.
Crucially, the two charts do not both apply automatically to I-485 filings. Each month, USCIS publishes a separate notice specifying which chart applicants must use for adjustment-of-status purposes. When USCIS designates Dates for Filing, the filing window opens earlier — a more generous posture. When USCIS designates Final Action Dates, the window narrows to only those whose priority dates are current for actual visa issuance.
This is why the same applicant, with the same priority date, can be able to file in one month and unable to file in the next. The chart designation can swing the door open or shut.
Where EB-1 stands this month
Filing snapshot — EB-1 category
As of June 2026 Visa BulletinUSCIS chart determination for June 2026 (employment-based): Final Action Dates chart.
EB-1 Final Action Dates for June 2026:
| Country of chargeability | EB-1 Final Action Date |
|---|---|
| India | December 15, 2022 |
| China (mainland-born) | April 1, 2023 |
| All other chargeability areas | Current |
What this means in practice: applicants in EB-1 chargeable to a country other than India or China, with an approved or concurrent-filing-eligible I-140, may file the I-485 in June 2026 if otherwise eligible and present in the United States. Applicants chargeable to India must have a priority date before December 15, 2022 to file. Applicants chargeable to China must have a priority date before April 1, 2023.
This snapshot reflects published data as of the June 2026 bulletin. By the time you read this, a new bulletin may be in effect or USCIS may have changed its chart designation. Check the USCIS filing-charts page and the current Department of State Visa Bulletin before submitting.
How fast the filing window can move
The two charts and the monthly chart designation create a system where the rules of engagement can change with one month's notice. The recent April–June 2026 sequence is a clean illustration.
- April 2026: USCIS designated the Dates for Filing chart for all employment-based categories — the more generous chart. Many EB-1 applicants who would not have been current under Final Action Dates could file.
- May 2026: USCIS switched to the Final Action Dates chart for all employment-based categories. EB-1 India and China cutoffs both sat at April 1, 2023. Many applicants who were eligible to file in April were no longer eligible in May.
- June 2026: USCIS again required the Final Action Dates chart. EB-1 India retrogressed approximately fifteen weeks — moving back from April 1, 2023 to December 15, 2022 — narrowing the window further for India-chargeable applicants. EB-1 China held at April 1, 2023.
Three different filing realities in three consecutive months. For an applicant deciding whether to file, this is not just academic — it is the difference between filing the I-485 today and waiting another quarter (or longer) for the window to reopen.
Why this matters: interim benefits
When the I-485 is on file and pending, the applicant becomes eligible to request two additional benefits that often matter as much as the green card itself in the short term.
- Form I-765 — Employment Authorization Document (EAD). A pending I-485 allows the applicant to request an EAD, which can be used to work for any U.S. employer in any role while the case is pending. For applicants in restrictive nonimmigrant statuses, this can be transformative.
- Form I-131 — Advance Parole. Advance Parole permits the applicant to travel internationally and return without abandoning the pending adjustment. It is also frequently filed alongside the I-485.
This is why the question "when can I file the I-485?" is rarely just a paperwork question. It is the gating question for two interim benefits that materially affect the applicant's working life, mobility, and family planning during the wait for green card adjudication.
If you are outside the United States
An I-485 cannot be filed from abroad. The Form I-485 instructions require that the applicant be physically present in the United States at the time of filing. For an EB-1A petitioner who is outside the country when the I-140 is approved, the case proceeds through consular processing at a U.S. embassy or consulate.
Consular processing involves a different timeline and a different set of interim considerations — no I-485 to file, no concurrent EAD or Advance Parole, but a different mechanism for moving toward the immigrant visa interview when the priority date becomes current. For some applicants, returning to the United States in a valid nonimmigrant status to pursue adjustment is preferable; for others, consular processing is the more practical path. The right answer depends on the applicant's current status, family situation, and the chart movement at the time the decision is made.
Retrogression risk before fiscal year-end
The Department of State has cautioned in the June 2026 Visa Bulletin — as in several prior bulletins this fiscal year — that additional retrogression in EB-1, EB-2, EB-3, and EB-5 may be necessary before the fiscal year ends on September 30, 2026 if demand for immigrant visa numbers continues at current levels. The India EB-1 retrogression between May and June 2026 is itself a recent example of that risk materializing.
Applicants whose priority dates are currently within the filing window should not assume that window will remain open in subsequent months. Where eligibility exists and the case is ready, filing sooner rather than later is generally the more defensive posture.
How to think about timing your filing
The decision framework boils down to a small set of questions, asked honestly each month:
- Are you in the United States? If no, adjustment of status is not on the table — the case moves through consular processing.
- Which chart has USCIS designated for employment-based filings this month? Check the USCIS filing-charts page directly.
- Where is your priority date relative to the designated chart for EB-1 and your country of chargeability? If your priority date is earlier than the applicable cutoff, you are within the filing window.
- Is the petition ready to file? If the I-140 is not yet built to the standard you want, the question becomes whether to file concurrently with a weaker record now or hold the case and risk the window closing.
- What is the realistic outlook for the next few bulletins? Reasonable predictions can be made from recent movement patterns, but the bulletin is not contractually binding — windows have closed faster than analysts expected, including this fiscal year.
| Situation | What concurrent filing looks like |
|---|---|
| EB-1A applicant, non-India/non-China, in the U.S. | Generally eligible to file I-140 and I-485 concurrently when the chart and priority date allow, plus EAD and Advance Parole. |
| EB-1A applicant, India-chargeable, in the U.S. | I-485 filing is gated by the India EB-1 cutoff. If priority date is before the current Final Action Date, file promptly given retrogression risk. |
| EB-1A applicant, China-chargeable, in the U.S. | I-485 filing is gated by the China EB-1 cutoff. Check current bulletin before filing. |
| EB-1A applicant abroad | I-485 not available. Case moves through consular processing; coordinate priority-date current dates with NVC and consulate. |
| EB-1A I-140 not yet ready | Concurrent filing requires both forms together with all supporting evidence. A premature filing is worse than a delayed one if the record is not built. |
Common questions
If I file the I-140 and I-485 together and the I-140 is denied, what happens to the I-485?
If the I-140 is denied, the I-485 generally cannot be approved on that basis and is typically denied as well. This is one reason a concurrent filing should not be made until the I-140 record is built to the standard you want — premature filing exposes both forms.
Can I use premium processing for the I-140 even if I file the I-485 concurrently?
Yes. Premium processing for the I-140 is available alongside a concurrently filed I-485. The I-140 adjudication is accelerated; the I-485 timeline follows its own track.
What if my priority date is current when I file but retrogresses while my I-485 is pending?
A properly filed I-485 generally remains pending; USCIS will not approve it until your priority date is current under the Final Action Dates chart, but the filing itself is not invalidated. Interim benefits (EAD, Advance Parole) typically continue to be available while the I-485 is pending.
Can I switch from EB-2 NIW to EB-1A and keep my priority date?
In many situations, yes. A separately filed EB-1A petition can typically retain the priority date from an earlier-approved EB-2 NIW (or other EB petition). This can be a significant strategic advantage for applicants from countries with EB-2 backlogs.
Do I need to leave the U.S. while my I-485 is pending if I do not have Advance Parole?
No — and you generally should not. Departing the U.S. while an I-485 is pending without an approved Advance Parole document is treated as abandonment of the I-485 in most circumstances. Travel during the pending period should be planned around an approved AP document.
How often do USCIS chart designations change?
The designation is made fresh each month, in connection with each new Visa Bulletin. There is no schedule for when USCIS will use one chart versus the other; the decision reflects USCIS's view of demand and visa number availability for the coming month. The recent April-to-May 2026 shift — from Dates for Filing to Final Action Dates for all employment-based categories — is an example of how quickly the posture can change.
Is your EB-1A case ready to file with the I-485?
A free evaluation gives you a candid read on two things at once: whether your EB-1A record is built to a filing standard, and whether your priority date and country of chargeability put you within the current filing window. Both questions are time-sensitive, and the right answer can change with the next bulletin.
Official sources
- U.S. Department of State — Visa Bulletin (current month)
- USCIS — Adjustment of Status Filing Charts from the Visa Bulletin
- USCIS — Employment-Based First Preference (EB-1)
- Form I-140, Immigrant Petition for Alien Worker
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-765, Application for Employment Authorization
- Form I-131, Application for Travel Document
- Form I-907, Request for Premium Processing Service
This article is for general informational purposes and does not constitute legal advice. Visa Bulletin data and USCIS chart determinations change monthly — the dates and chart selections cited above reflect June 2026 and may not be accurate by the time you read this. Confirm current data at the official USCIS and Department of State sources above, and consult with a qualified immigration attorney before making any filing decisions.