Could you tell me if it’s possible to file an I-485 under EB-2 NIW if the petition (I-140) was filed a couple of years ago and is still pending? I’ve heard about concurrent filing — that’s when you file at the same time as the I-140 — but it’s unclear whether that works if the I-140 is already in progress. What are the waiting times after filing the I-485 for people who have done this?
Concurrent filing for EB-2 NIW currently only works on paper. I-485 can be filed only if the Visa Bulletin is current for your priority date — and for EB-2 NIW there’s a real backlog, so if your priority date is recent you’ll have to wait until the bulletin reaches your date. Concurrent filing of I-140+I-485 works fine with EB-1; EB-1 is current for everyone except India and China. I went through EB-1 myself — multiple petitions in different categories can exist simultaneously, so if your case supports it you can file an I-140 for EB-1 in parallel and, upon approval, immediately file I-485 without waiting for the NIW queue.
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Thanks, the concurrent filing thing is clearer now. Do you know roughly when EB-2 NIW will become current? I heard it might move forward around March.
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The bulletin is released on the 15th–20th of each month — for the following month. I’ve been following it ever since I got into the process myself; it’s become second nature. By the way, those who managed to file concurrently when NIW was current for ROW are also waiting now: I-485 has been filed, but there won’t be any real movement on the green card until the date becomes current again. Link to the bulletin itself: The Visa Bulletin - not the easiest document to understand at first, but you can figure it out.
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Yeah, if you filed when the date was current and then retrogression happens, you just sit and wait for final action to open again. I have EB-1A and for ROW there hasn’t been retrogression so far, so that risk doesn’t apply to me — but I understand why that’s frightening.
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One more point that’s rarely discussed — when the date finally becomes current, you don’t have to file immediately. My lawyer explained to me: even if you have a valid status, a pending I-485 adds a restriction — you can’t leave the country without advance parole, and if you leave without it, the I-485 is considered abandoned. So if you fly often, it’s really important to factor this into your timing.
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About consular processing — if there’s a risk your status will expire before your priority date becomes current, it’s worth addressing from the start, not later. I’m applying under EB-1 and my attorney immediately explained: for Adjustment of Status (AOS) you must be in valid status at the time of filing the I-485; if your status has expired by then, it’s consular processing (CP) only. The downside of CP is that you don’t get an Employment Authorization Document (EAD) or advance parole while waiting for approval, but on the plus side you’re not tied to remaining in the country — you can travel without risking the application.
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By the way, if anyone has an O-1, you should seriously look into EB-1. My lawyers who handled the O-1 for me were for some reason pushing NIW, even though the case clearly qualified for EB-1. For ROW, EB-1 is current right now — that whole visa bulletin/dates thing is just not relevant.
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I filed under EB2-NIW concurrently with an I-485, and received an EAD and a travel document. Then the I-140 was denied. The I-485 didn’t close automatically — USCIS closes it themselves, and that takes time. I also filed a new EB-1 case and a new I-485 in parallel. As long as at least one I-485 is pending, the status isn’t interrupted — this is important if you ever need to switch from one petition to another.
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There’s no difference in processing time for the I-485 itself between EB-1 and EB-2 NIW — it’s the same form and the same service center. The real difference is only when you can actually file: for EB-1 for ROW it’s currently current and you can file right after I-140 approval; for EB-2 NIW you wait until the date in the visa bulletin reaches yours. My I-485 was pending for 14 months from the moment the date became current — that’s not EB-2-specific, just the standard processing time for ROW. So if you count the full cycle from start to green card, EB-1 is actually faster — simply because there’s no queue for the priority date.
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Premium processing for EB‑1 changes the calculation a lot — my attorney explained that with premium it’s typically 45 business days for the I‑140, and you can file the I‑485 right away while ROW is current. Premium is also available for NIW, but it makes less sense — you still wait for the visa bulletin date to reach your priority date, so the speed‑up is only at the petition stage, and then you have the same months of waiting.
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