I140 application after Work permit expiry

[random18]

Hi,

My H1B max-out date is going to be 20-nov-2022.

My current employer filed for PWD in Aug 2021 and we got an approval in Apr-2022. Perm was filed in June-2022, with current timelines it may be approved by Jan-2023.

I am planning to move out of USA 3-4 weeks before my max-out date and will not able to continue working for my current employer after moving out as it does not have any presence outside of USA anywhere.

So

1. My work permit will expire on 20-nov-2022

2. I will be moving out of USA by Oct-2022

3. I won't continue working for my current employer after 20-nov-22

Can my current employer still file my I140 (If they are willing to)? I just want to find out if there is anything from immigration/legal perspective that prevents them from filing my I140 after 20-nov-2022 once my PERM is approved.