I-140 vs I-485: What Each Form Does, Who Files It, and When They Can Be Filed Together
One form proves the job qualifies you for a green card, the other asks for the green card itself. Here is how they fit, and when they can travel together.
Part of our guide to Form I-140.
I-140 vs I-485, in one line: Form I-140 is the petition that proves you qualify for an employment-based green card category, and it is filed by your employer (or by you, if you self-petition under EB-1A or the National Interest Waiver). Form I-485 is your application to become a permanent resident from inside the United States, and you file it yourself, with a separate one for each family member. They can be filed together, a "concurrent filing", only when your priority date is current under the Visa Bulletin chart USCIS designates that month.
If you are on H-1B, or on STEM OPT with an employer that has started a green card case, you have heard both form numbers in the same sentence.
Status line, as of 2026-10-14: The 09/18/26 edition of Form I-485 is the only edition USCIS accepts (in effect). The I-485 filing location changed on 2026-10-07 (in effect; the prior location is accepted if postmarked by 2026-11-09). Online concurrent I-140 + I-485 filing has been open to representatives and self-petitioners since 2026-07-24 (in effect). The public charge final rule applies to adjustment filings on or after 2026-09-18 (in effect, challenged in court with no order blocking it). The November 2026 Visa Bulletin is not published, and USCIS lists its November chart as "coming soon".
I-140 vs I-485 at a glance (as of October 2026)
| Form I-140 | Form I-485 | |
|---|---|---|
| Official name | Immigrant Petition for Alien Workers | Application to Register Permanent Residence or Adjust Status |
| What it decides | Whether the job (or you) qualifies for EB-1, EB-2 or EB-3 | Whether you are admissible and eligible to become a permanent resident |
| Who files | The employer (petitioner), or you as a self-petitioner for EB-1A or EB-2 NIW | You, the beneficiary. Each spouse and child files their own |
| Prerequisite | An approved PERM labor certification for most EB-2 and EB-3 cases; none for EB-1 or NIW | An approved or pending I-140, and a priority date that is current under the designated chart |
| Filing fee (G-1055 edition 10/07/26) | $715 paper / $665 online, plus the Asylum Program Fee | $1,440 paper / $1,390 online, per applicant |
| Asylum Program Fee | $600 regular; $300 small employer or self-petitioner; $0 nonprofit | Not part of the I-485 fee |
| Premium processing | Available ($2,965) | Not available |
| Current edition note | Check the I-140 page before filing | Only the 09/18/26 edition is accepted, no grace period |
| What approval gives you | An approved petition and a locked priority date | Permanent residence (the green card) |
Fees come from the USCIS fee schedule, Form G-1055. The FY2027 inflation adjustment scheduled for 2026-10-16 does not change either fee. Fees change; the form page you file from governs.
What Form I-140 does
The I-140 is the case to USCIS that you fit an employment-based preference category. In a PERM-based EB-2 or EB-3 case, it follows Department of Labor certification and shows that you meet the certified job's requirements and that the employer can pay the offered wage. For EB-1A, EB-1B, EB-1C and the EB-2 National Interest Waiver, there is no PERM step and the I-140 carries the whole argument.
Its most valuable output is a priority date, your place in line: the date DOL received the PERM application, or for EB-1 and NIW, the date USCIS received the I-140. For more, see our guide to what Form I-140 is and how the immigrant petition works.
An approved I-140 can also support H-1B extensions past six years under AC21; see H-1B extensions after six years with an approved I-140.
What Form I-485 does
The I-485 asks USCIS to make you a permanent resident without leaving the country. It looks at you, not the job: identity, immigration history, background checks, the medical exam (Form I-693) and admissibility, including public charge.
- Every family member files separately, each with its own fee.
- Work permit and travel. A pending I-485 lets each applicant request an EAD (category c9) and advance parole; under G-1055, an I-765 tied to a pending I-485 filed after 2024-04-01 costs $260. A final rule published and effective 2026-10-14 (in effect) ends automatic extensions for EAD renewals filed on or after 2025-10-30; see our c9 EAD guide.
- Approval needs a visa number under the Final Action Dates chart, even if USCIS accepted the I-485 under the Dates for Filing chart.
Applicants abroad use consular processing instead. Our explainer on what Form I-485 is and how USCIS handles it covers the application end to end.
Can I file I-140 and I-485 concurrently?
Yes, if the timing lines up. USCIS allows the I-485 to be filed at the same time as the I-140 (or while the I-140 is pending) when your priority date is current under the chart USCIS designates for that month. For October 2026, USCIS requires the Dates for Filing chart for all employment-based I-485s (in effect). USCIS posts which chart applies each month on its adjustment of status filing charts page.
A few October 2026 Dates for Filing values for context (from the October 2026 Visa Bulletin; always confirm on travel.state.gov before relying on them):
| Category | India | China | Rest of World |
|---|---|---|---|
| EB-1 | 2024-07-01 | 2024-07-01 | See bulletin |
| EB-2 | 2015-01-15 | 2023-01-01 | 2026-03-15 |
| EB-3 | 2015-01-15 | 2024-04-01 | 2024-08-01 |
As of 2026-10-14 the November 2026 bulletin is not published, so any "November cutoff" you see is a forecast; our November 2026 Visa Bulletin predictions are labelled as such.
How concurrent filing works, step by step
- The underlying qualification step finishes first. For PERM cases, DOL certifies the labor certification. EB-1 and NIW cases skip this.
- Your priority date is checked against the designated chart. For a PERM case the date is already fixed; for an EB-1 or NIW case, the I-140 filing date becomes the priority date, so it has to be current under that month's chart on the day of filing.
- The package is assembled. The I-140 with its fees, an I-485 (09/18/26 edition) for each applicant with the I-693 and evidence, and optional I-765 and I-131 filings.
- It is filed on paper or online. Since 2026-07-24, representatives can file I-140 and I-485 concurrently online by PDF upload, and unrepresented EB-1A and NIW self-petitioners can file both together online. See USCIS's page on PDF filing options for Form I-485. Paper filings must go to the location listed on the I-485 page, which changed on 2026-10-07.
- Receipts, then biometrics for each I-485 applicant.
- The I-140 is decided first in practice. The I-485 cannot be approved without it, and premium processing speeds up only the I-140.
- Final approval waits for the Final Action Date. Until your date is current on that chart, the I-485 stays pending.
If you are a self-petitioner weighing the online route, our walkthrough on filing I-140 and I-485 together online as an EB-1A or NIW self-petitioner goes deeper.
Concurrent vs separate filing
| Concurrent filing | I-140 first, I-485 later | |
|---|---|---|
| When it happens | Priority date current under the designated chart at filing | Date not current, or the case strategy calls for it |
| Upside | Earlier EAD, advance parole and the AC21 job-portability clock | Fees for the I-485 are paid only after the I-140 is approved |
| Downside | If the I-140 is denied, the I-485 fees are typically lost | You wait for the chart to move before filing the I-485 |
| Fees | I-140 and every I-485 paid at once | Paid in two rounds |
Which route fits a case is an attorney decision.
What changed in fall 2026: old rule, new rule
| Topic | Old rule | New rule (effective date) | What to do differently |
|---|---|---|---|
| I-485 edition | 01/20/25 and 09/04/26 editions accepted | Only the 09/18/26 edition (2026-09-18, no grace period) | Download the form fresh from uscis.gov/i-485 |
| I-485 paper filing location | Prior location | New location (2026-10-07); prior location accepted if postmarked by 2026-11-09 | Re-check the address on the day you mail |
| Public charge | 2022 rule | New final rule for adjustment filings postmarked or e-filed on or after 2026-09-18 (in effect, challenged) | Raise any benefit history with your attorney |
| Online concurrent filing | These online concurrent options did not exist | Online PDF filing for representatives and EB-1A/NIW self-petitioners (2026-07-24); other unrepresented filers still cannot file both together online | Ask your attorney which channel they will use |
| Designated chart | Final Action Dates in several summer months | Dates for Filing for October 2026 EB I-485s | Check the USCIS chart page every month |
On public charge, USCIS has said benefits received on or after 2026-09-18 can be considered, and earlier benefits are judged under the 2022 test. Lawsuits are pending in federal court in New York, but as of 2026-10-13 no court has paused the rule, so it applies to filings made today. USCIS's own public charge guidance is the place to start.
I-485 processing time, employment based
There is no reliable single figure for employment-based I-485 processing. Two clocks run at once:
- The USCIS clock. Look up Form I-485 and your field office on the USCIS processing times tool. It shows recent USCIS pace, not a promise.
- The visa-number clock. Even a fully reviewed I-485 waits until your priority date is current under Final Action Dates. In the October 2026 bulletin, the EB-2 Final Action Date is 2013-11-01 for India and 2025-01-01 for Rest of World, well behind the filing dates above.
Your own receipt notice governs over anything published here.
How the two forms interact after filing
- An approved I-140 alone does not change your status. See whether an approved I-140 means a green card.
- Job changes. Once an I-485 has been pending 180 days and the I-140 is approved, AC21 may let you move to a same-or-similar job, documented with I-485 Supplement J. Whether a new role qualifies is an attorney question.
- Travel. Leaving the US while an I-485 is pending without advance parole can be treated as abandoning it, with limited exceptions for people maintaining H-1B or L-1 status. Ask an immigration attorney before booking anything.
- F-1 and OPT holders. F-1 is not dual intent, so an I-140 or pending I-485 raises immigrant-intent questions at visa renewal and reentry. Ask an immigration attorney about the green card side and your DSO about SEVIS or OPT reporting.
Common mistakes
- Treating the forms as interchangeable. An I-140 receipt is not a green card application.
- Using an old I-485 edition. Anything but the 09/18/26 edition is rejected.
- Mailing to the old address late. The prior location is accepted only if postmarked by 2026-11-09.
- Reading the wrong chart. Dates for Filing governs filing (when USCIS designates it); Final Action Dates governs approval.
- Forgetting per-person fees. Each family member's I-485 carries its own $1,440 paper or $1,390 online fee.
- Travelling on assumptions. Leaving with a pending I-485 and no advance parole can end the application. Ask first.
Frequently asked questions
What is the difference between Form I-140 and Form I-485?
Form I-140 is the immigrant petition that establishes you qualify for an employment-based category, and it is usually filed by your employer, or by you if you self-petition under EB-1A or NIW. Form I-485 is your own application to adjust status to permanent resident from inside the US. The I-140 answers whether you qualify, and the I-485 asks for the green card itself once a visa number is available.
Can I file I-140 and I-485 concurrently?
Concurrent filing is possible when your priority date is current under the Visa Bulletin chart USCIS designates for that month, and for October 2026 USCIS requires the Dates for Filing chart for employment-based I-485s. Since 2026-07-24, representatives can file both forms together online, and unrepresented EB-1A and NIW self-petitioners can do the same. Whether it fits your case is a question for a licensed immigration attorney.
How long does an employment-based I-485 take to process?
USCIS does not publish a single fixed number, and times vary by field office, category and whether your priority date stays current. Check the live USCIS processing times tool for Form I-485 and your office. A pending I-485 cannot be approved until a visa number is available under the Final Action Dates, even if everything else is done.
What happens to my I-485 if the I-140 is denied?
An employment-based I-485 depends on an underlying approvable petition, so a denied I-140 generally leaves the I-485 without a basis and it is typically denied as well. Filing fees are not refunded. If this happens to you, speak to an immigration attorney quickly about appeal, motion or refiling options.
Does an approved I-140 mean I have a green card?
No. An approved I-140 is an approved petition, not permanent residence. You still need an approved I-485 inside the US, or an immigrant visa through consular processing, and both depend on your priority date being current.
This article explains how the process works. It is not legal advice; a licensed immigration attorney can tell you what to file and when.
The paperwork belongs to your employer and attorney; finding an employer that will sponsor you is the part you can drive. For help with that search on H-1B, OPT or STEM OPT, talk to F1Jobs.
Frequently asked questions
What is the difference between Form I-140 and Form I-485?
Form I-140 is the immigrant petition that establishes you qualify for an employment-based category, and it is usually filed by your employer, or by you if you self-petition under EB-1A or NIW. Form I-485 is your own application to adjust status to permanent resident from inside the US. The I-140 answers whether you qualify, and the I-485 asks for the green card itself once a visa number is available.
Can I file I-140 and I-485 concurrently?
Concurrent filing is possible when your priority date is current under the Visa Bulletin chart USCIS designates for that month, and for October 2026 USCIS requires the Dates for Filing chart for employment-based I-485s. Since 2026-07-24, representatives can file both forms together online, and unrepresented EB-1A and NIW self-petitioners can do the same. Whether it fits your case is a question for a licensed immigration attorney.
How long does an employment-based I-485 take to process?
USCIS does not publish a single fixed number, and times vary by field office, category and whether your priority date stays current. Check the live USCIS processing times tool for Form I-485 and your office. A pending I-485 cannot be approved until a visa number is available under the Final Action Dates, even if everything else is done.
What happens to my I-485 if the I-140 is denied?
An employment-based I-485 depends on an underlying approvable petition, so a denied I-140 generally leaves the I-485 without a basis and it is typically denied as well. Filing fees are not refunded. If this happens to you, speak to an immigration attorney quickly about appeal, motion or refiling options.
Does an approved I-140 mean I have a green card?
No. An approved I-140 is an approved petition, not permanent residence. You still need an approved I-485 inside the US, or an immigrant visa through consular processing, and both depend on your priority date being current.