Disclaimer. This content is for educational purposes only and is not legal advice. Employment-based immigration outcomes depend on category (EB-1/EB-2/EB-3), employer facts, dates, and evidence. Before taking action (job change, RFE response, Supplement J strategy, etc.), consult a licensed U.S. immigration attorney.
This guide targets high-intent scenarios like: employer withdraw I-140 after 180 days, company acquisition successor in interest I-140, and what happens to I-485 if laid off. The goal is simple: separate what can often be saved (especially Priority Date) from what commonly must be restarted.
Use the table of contents below to jump to the exact scenario you need.
1) What ties to what: PERM / I-140 / I-485 / Priority Date
When an employer “breaks,” people often assume the entire case collapses as one chain. In reality, PERM, I-140, and I-485 are distinct legal components with different rules. Once you separate them, you can see what is usually salvageable (often the Priority Date) and what typically requires a restart.
PERM (ETA-9089)
- Who owns it: the employer, tied to a specific job opportunity, location, and requirements.
- What it does: labor-market test and certification foundation for many EB-2/EB-3 cases.
- Collapse risk: if the employer disappears before I-140 is filed, PERM is rarely a portable asset.
I-140
- Who files: the petitioning employer (most EB-2/EB-3 PERM-based pathways).
- What USCIS examines: category eligibility, your qualifications, the job offer, and the employer’s ability to pay.
- What M&A changes: a true successor-in-interest can sometimes step into the petitioner role if obligations transfer.
I-485 (Adjustment of Status)
- Who files: you (and derivatives) once a visa is available and conditions are met.
- Key fork: how many days the I-485 has been pending, and whether your new job is “same or similar.”
- Why it matters: layoffs before portability is “usable” are a common trigger for case instability.
Priority Date (PD)
- Meaning: your place in the immigrant-visa queue.
- Why it’s valuable: in backlogs, PD can translate into months/years of difference.
- Practical goal: during employer disruption, preserving PD is often the primary objective.
Next: layoff/bankruptcy risk zones and the “180 days” forks people search for.
2) Layoff / bankruptcy: the “180 days” forks and the real risk zones
A layoff or bankruptcy hits the core pillar of many employment-based paths: a continuing job offer supported by the petitioning employer. Risk increases further if the employer files an I-140 withdrawal or if the business formally ceases operations. There is no one-size-fits-all answer — outcomes depend on case stage and timing.
Fork #1: I-140 pending vs. approved
- I-140 pending: higher risk because the employer may not respond to USCIS and job-offer/ability-to-pay issues become acute.
- I-140 approved: often more manageable, but a later withdrawal or business closure still matters to the posture.
- PD value: an approved I-140 commonly puts you in a better position to preserve Priority Date (assuming no “substantive” issues).
Fork #2: I-485 pending < 180 vs. ≥ 180 days
- < 180 days: the most fragile zone for AOS after a layoff. The common mistake is assuming a new offer automatically fixes everything.
- ≥ 180 days: portability becomes a realistic pathway if the new role is “same or similar,” but documentation matters.
- Reality check: “same or similar” is evaluated by the substance of duties/level, not just a job title.
A separate layer is your nonimmigrant status (H-1B/L-1/O-1, etc.) and any grace periods or work-authority constraints. In real-world planning, people often run two tracks at once: protecting status and preserving the green-card trajectory.
3) Acquisition / merger: successor-in-interest — when the case can be preserved
In M&A scenarios, the central question is: who is now the petitioning employer, and did the new entity assume the obligations tied to your permanent position. If the new entity is a true successor-in-interest, it may be possible to preserve continuity instead of restarting from scratch.
When successor-in-interest is more likely
- The transaction transfers obligations (not only assets/brand).
- The role remains the same in substance (duties/level/location not materially altered).
- Deal and corporate-continuity documents are available and consistent.
When a restart is often more realistic
- Asset purchase with no assumption of obligations.
- The job materially changes — higher “material change” exposure.
- The new entity will not act as the petitioning employer.
| Check question | If “yes” | If “no” |
|---|---|---|
| Did the new entity assume obligations tied to the position/petition? | There’s a pathway to continue by proving successorship. | A new petitioner and/or new PERM/I-140 is often required. |
| Is the job the same in substance (duties/level/location)? | Continuity is easier to defend. | Higher chance USCIS expects a new basis for a changed job. |
| Do you have the deal + continuity documentation? | Strong support for a successor position. | Without documents, the claim becomes far more fragile. |
You may continue by proving successor-in-interest status.
A new petitioner and/or a fresh PERM/I-140 is often needed.
Continuity is easier to support with consistent duties/level/location.
Material changes increase the risk of needing a new case foundation.
Deal + continuity documents are strong evidence for a successor claim.
Without documents, the successorship argument becomes difficult to sustain.
Next: the scenario matrix (desktop table + mobile cards) and a visual guide.
4) Scenario matrix: what usually survives vs. what often burns
Desktop: compact table. Mobile: the same scenarios rendered as readable cards (no tiny text, no broken columns).
| Scenario | PERM / I-140 / Priority Date | What happens to I-485 (AOS) | Practical plan |
|---|---|---|---|
| A) PERM approved, I-140 not filed yet, employer shuts down | PERM is employer- and timing-dependent. If I-140 is not filed in time, a restart with a new employer is common; PD typically is not preserved without a viable petition trajectory. | No I-485 yet — nothing “pending” to protect, but the PERM→I-140 path for that employer usually ends. | If the employer can still act, assess urgent I-140 filing; otherwise plan a new PERM/I-140 (or an alternative category if applicable) and protect nonimmigrant status. |
| B) I-140 pending, layoff/bankruptcy | Risk rises: the employer may not respond; job-offer/ability-to-pay issues sharpen. PD may not stabilize if the petition never reaches a durable outcome. | If I-485 is not filed, there’s no AOS posture yet. If filed concurrently, strategy depends heavily on dates and the new job path. | Check for M&A/successor; if I-485 exists, calculate days pending and prepare “same or similar” documentation; keep evidence aligned to the offered role. |
| C) I-140 approved, but < 180 days; employer withdraws | Higher-friction zone. Withdrawal effects are usually more sensitive before reaching protective thresholds. | If I-485 pending < 180, AOS is more fragile. If I-485 pending ≥ 180, continuation options expand with a properly supported “same or similar” move. | Protect status; for a new offer, build a clear duties/level bridge and avoid abrupt occupation pivots without strong factual support. |
| D) I-140 approved ≥ 180 days; employer withdraws | Often more manageable: preserving PD is frequently feasible absent substantive issues in the underlying case. | If I-485 pending ≥ 180 and the new job is “same or similar,” continuation becomes more realistic. If I-485 pending < 180, fragility remains. | Confirm days pending; prepare the new-role evidence package; respond cleanly and consistently to any USCIS requests. |
| E) I-485 pending ≥ 180 days; layoff; new job is “same or similar” | PERM already served as the foundation. The focus shifts to PD and defensible “same or similar” positioning. | Usually stronger, but “same or similar” is about substance (duties/level), not just title. | Document duties, requirements, reporting structure; craft a logical bridge between roles; keep evidence consistent and auditable. |
| F) Acquisition/merger; successor-in-interest | With proven successorship, the process may continue without a full restart (if the job remains the same in substance). | Risk is often lower, but “material change” after the deal can destabilize the posture. | Collect deal/assumption documentation; confirm job continuity; keep a backup plan if facts do not support successorship. |
PERM is employer- and timing-dependent. If I-140 is not filed in time, a restart with a new employer is common; PD typically is not preserved without a viable petition trajectory.
No I-485 yet — nothing “pending” to protect, but the PERM→I-140 path for that employer usually ends.
If the employer can still act, assess urgent I-140 filing; otherwise plan a new PERM/I-140 (or an alternative category if applicable) and protect nonimmigrant status.
Risk rises: the employer may not respond; job-offer/ability-to-pay issues sharpen. PD may not stabilize if the petition never reaches a durable outcome.
If I-485 is not filed, there’s no AOS posture yet. If filed concurrently, strategy depends heavily on dates and the new job path.
Check for M&A/successor; if I-485 exists, calculate days pending and prepare “same or similar” documentation; keep evidence aligned to the offered role.
Higher-friction zone. Withdrawal effects are usually more sensitive before reaching protective thresholds.
If I-485 pending < 180, AOS is more fragile. If I-485 pending ≥ 180, continuation options expand with a properly supported “same or similar” move.
Protect status; for a new offer, build a clear duties/level bridge and avoid abrupt occupation pivots without strong factual support.
Often more manageable: preserving PD is frequently feasible absent substantive issues in the underlying case.
If I-485 pending ≥ 180 and the new job is “same or similar,” continuation becomes more realistic. If I-485 pending < 180, fragility remains.
Confirm days pending; prepare the new-role evidence package; respond cleanly and consistently to any USCIS requests.
PERM already served as the foundation. The focus shifts to PD and defensible “same or similar” positioning.
Usually stronger, but “same or similar” is about substance (duties/level), not just title.
Document duties, requirements, reporting structure; craft a logical bridge between roles; keep evidence consistent and auditable.
With proven successorship, the process may continue without a full restart (if the job remains the same in substance).
Risk is often lower, but “material change” after the deal can destabilize the posture.
Collect deal/assumption documentation; confirm job continuity; keep a backup plan if facts do not support successorship.
5) Visual guide
This chart gives a quick visual comparison of how “manageable” key goals tend to be across common scenarios: PD, I-140, and I-485. If Chart.js cannot load, the chart block will simply hide.
7–14 day checklist
- Lock down dates: I-485 receipt date, I-140 approval date (if any), layoff/closure date.
- Confirm withdrawal facts: whether the employer filed an I-140 withdrawal and when.
- Preserve job evidence: offer letter, duties, pay stubs/W-2, org chart/reporting lines.
- If M&A: deal/assumption documents + proof the role is unchanged in substance.
