Most H-1B holders can pursue a green card simultaneously. Here is the complete strategy for concurrent filing and protecting your status.
Concurrent filing refers to submitting the I-140 (Immigrant Petition for Alien Worker) and I-485 (Application for Adjustment of Status) simultaneously rather than waiting for the I-140 to be approved before filing the I-485. This is possible when a visa number is immediately available for your preference category and country of birth. For most Indian and Chinese H-1B holders, visa backlog means concurrent filing is not currently possible, they must wait for a priority date to become current.
For employment-based categories (EB-1, EB-2, EB-3), visa availability depends on your country of birth and the monthly visa bulletin. Citizens of most countries can file concurrently in EB-2 or EB-3, as visa numbers are immediately available. Citizens of India and China face extended waits due to per-country numerical limits.
When concurrent filing is available, it significantly accelerates the green card process. Rather than waiting for I-140 approval (which takes months to years depending on the category and premium processing), you file everything at once and USCIS processes the cases in tandem. The practical benefit is that you receive your Employment Authorization Document (EAD) and Advance Parole (AP) while waiting for the full green card interview and approval.
Even if you cannot file the I-485 concurrently with the I-140, you can and should file the I-140 as early as possible. Once the I-140 is approved, your priority date is established. If your employer is willing to file the I-140 and you later change jobs, the approved I-140 priority date can be retained under certain circumstances, this is valuable in categories with long waits.
Your employer files the I-140 petition on your behalf under the appropriate employment-based preference category. The most common categories for H-1B workers are EB-2 (for professionals with advanced degrees or exceptional ability) and EB-3 (for professionals with bachelor's degrees and skilled workers). EB-1A (extraordinary ability) and EB-1B (outstanding researchers and professors) are self-filed or employer-filed without the PERM requirement.
For EB-2 and EB-3 categories, the employer typically must complete PERM labor certification before filing the I-140. PERM is a labor market test demonstrating that no qualified US worker is available for the position. PERM processing currently takes 12 to 18+ months at the DOL. Once PERM is certified, the employer can file the I-140.
EB-1A (extraordinary ability) and EB-2 National Interest Waiver (NIW) petitions do not require PERM and can be self-petitioned. For H-1B workers with extensive publications, significant awards, or work with substantial national benefit, these categories provide a faster path without needing employer sponsorship through PERM. Many STEM researchers, physicians, and entrepreneurs pursue NIW as a complement or alternative to employer-sponsored PERM.
Your employer can file the I-140 with premium processing ($2,805 as of 2026), which expedites the USCIS adjudication to 15 business days. Premium processing is particularly valuable for EB-1 petitions, where the priority date may be immediately current, allowing immediate or concurrent I-485 filing. Even for EB-2 and EB-3 with backlogs, getting the I-140 approved quickly establishes your priority date.
Maintaining valid H-1B status throughout the green card application process is critical. Do not allow your H-1B to expire while your I-485 is pending, particularly in the early stages before you receive your EAD. Work with your employer to file H-1B extensions in a timely manner, H-1B can be extended beyond the 6-year cap in one-year increments if an I-140 is approved and the priority date is not yet current.
Once your I-140 has been approved for more than 365 days, you qualify for 3-year H-1B extensions rather than 1-year extensions. This is a significant benefit, instead of renewing your H-1B annually (which is expensive and creates uncertainty), you can get a 3-year extension giving you long-term work authorization stability while waiting for your I-485.
AC21 portability provides important job flexibility once your I-485 has been pending for 180 days or more. After 180 days, you can change employers to a job in the same or similar occupational classification without affecting your I-485 application. This protection prevents you from feeling locked into a specific employer throughout a potentially years-long green card wait.
Advance Parole is essential for international travel while your I-485 is pending. If you depart the US without an approved Advance Parole document, USCIS may consider your I-485 abandoned. However, H-1B visa holders who travel on a valid H-1B visa and return using that visa may be able to continue their I-485, this is a complex area and you should consult an immigration attorney before traveling internationally with a pending I-485.
Once your I-485 is filed, you can simultaneously file Form I-765 (Application for Employment Authorization) for an EAD card. The EAD, when received, allows you to work for any employer in any position, not just your H-1B sponsor in your approved H-1B role. This is one of the most significant benefits of having a pending I-485.
EAD processing currently takes four to seven months. While you wait for your EAD, you must continue relying on your H-1B status for work authorization if you are working for your H-1B sponsor. Once you receive the EAD, you technically have a choice: continue relying on H-1B or work based on the EAD. Many people maintain H-1B as a backup even after receiving EAD.
Working on EAD is not the same as working on H-1B. When you work on EAD, the H-1B sponsorship obligation ends, your employer no longer has to maintain your H-1B petition. If your I-485 is denied for any reason after you have abandoned H-1B status, you could find yourself without valid status. This is why immigration attorneys often recommend maintaining H-1B even after EAD approval.
EAD renewals must be filed before the current EAD expires. USCIS recommends filing EAD renewal applications six months before expiration, though processing times vary. If your EAD expires while the renewal is pending, there can be gaps in work authorization. Tracking EAD expiration dates and filing renewals promptly is important.
The visa bulletin is published monthly by the State Department and shows the current priority dates for each employment-based preference category and country of birth. To file an I-485, your priority date must be 'current', meaning the visa bulletin shows a date earlier than your priority date for your category and country.
For Indian-born EB-2 and EB-3 applicants, the backlog is currently decades long. For citizens of most other countries, EB-2 and EB-3 priority dates are current or near-current, meaning concurrent filing or fast I-485 filing is possible. Check the USCIS visa bulletin tool on your nationality and category to understand your specific wait.
Priority date retention is an important strategy for Indian-born H-1B workers. If your employer files an I-140 that is later approved, your priority date is established. If you later change employers, you may be able to retain that priority date for a new I-140 in the same or higher preference category. An immigration attorney can advise on whether your specific I-140 is portable.
EB-1A petitions bypass the priority date backlog for Indian and Chinese nationals because EB-1 has no per-country numerical limit in the same way as EB-2 and EB-3 (though heavy demand has caused backlogs even in EB-1 for Indian nationals). Building an extraordinary ability case during your H-1B period can dramatically accelerate your green card timeline if you qualify.