July 30, 2002 - INS has published a long-awaited Interim Regulation that authorizes the concurrent filing of I-140 immigrant visa petitions and I-485 applications for adjustment of status. This regulation eliminates the need for employment-based immigrants to wait for the approval of the I-140 prior to being able to file their adjustment of status (I-485) application. Now, as long as an immigrant visa number is available for the particular employment-based category, the I-140 and I-485 can be filed together with INS along with applications for Employment Authorization Documents (EAD) and Advance Parole travel authorization (AP). This pertains to spouses and children of employment-based applicants as well.

If an I-140 is pending adjudication at INS, and a visa number is available, the applicant and the spouse and children can file an I-485 based on the already filed I-140.

This regulation provides for the ability to concurrently file I-140s and I-485s for applicants in the EB1, EB2 and EB3 categories. The effective date of this regulation is July 31, 2002.