Can a company file for my I-140 even though they might shutdown after few months of I-140 approval?

[Praveen Singaraj]

My Employer "ABC" applied for my PERM labor certification back in July 2023 and I am still waiting for the approval. In the meantime, Corporate company "XYZ" which owns my employer(ABC) has just announced that by the end of this year, ABC company will be winding down the production plant. However, they are willing to help me out with the ongoing PERM application and help me relocate to a new company under the same corporation. 

My understanding is if my PERM approval comes back before August and my current employer proceeds with my I-140 premium processing application, I will get the I-140 approved within 2 weeks and they will not be revoking my visa even though they are closing the company.  But my corporate lawyers are advising me to restart the PERM process, with a new employer and recommending my current employer not to file for I-140 as there is a prospect of the company winding down at the end of the year. 

My current employer is still willing to help me out, but my question is if my current employer still proceeds with my I-140 application in August or September, will there be any reason for me not to get that approval? Will the Department of Labor know somehow the company might wind down the production plant and reject my I-140?

Also, I do not want to lose my priority date. So let's say, I file a new PERM application with my potential new employer and subsequently, my current employer decides to proceed with the I-140 process, can I transfer the priority date from the original I-140 petition to the new employer's I-140 petition and revoke the pending PERM application filed with the new employer?

[Attorney_22]

12 hours ago, Praveen Singaraj said:

My Employer "ABC" applied for my PERM labor certification back in July 2023 and I am still waiting for the approval. In the meantime, Corporate company "XYZ" which owns my employer(ABC) has just announced that by the end of this year, ABC company will be winding down the production plant. However, they are willing to help me out with the ongoing PERM application and help me relocate to a new company under the same corporation. 

My understanding is if my PERM approval comes back before August and my current employer proceeds with my I-140 premium processing application, I will get the I-140 approved within 2 weeks and they will not be revoking my visa even though they are closing the company.  But my corporate lawyers are advising me to restart the PERM process, with a new employer and recommending my current employer not to file for I-140 as there is a prospect of the company winding down at the end of the year. 

My current employer is still willing to help me out, but my question is if my current employer still proceeds with my I-140 application in August or September, will there be any reason for me not to get that approval? Will the Department of Labor know somehow the company might wind down the production plant and reject my I-140?

Also, I do not want to lose my priority date. So let's say, I file a new PERM application with my potential new employer and subsequently, my current employer decides to proceed with the I-140 process, can I transfer the priority date from the original I-140 petition to the new employer's I-140 petition and revoke the pending PERM application filed with the new employer?

For an employer to file an I-140 there must be a bona fide job offer. If your current company does obtain the approved I-140 that priority date can be retained in a future PERM/I-140 filing. However, your new employer will need to go through the PERM and I-140 process. 

[Praveen Singaraj]

Thank you for the Prompt response! 

If my current employer is willing to provide that Bona Fide Job offer to proceed with this I-140 application for a company that might get shut down at the end of this year, they will not get into any legal trouble, right? And is it ok for them to help me out here? 

I just want to make sure that I do not get my employer in trouble as well.