Paul Vo
Jan 5, 2026
The new sponsor after the merger does not continue to sponsor ew3
Season’s greetings and best wishes for the New Year to everyone.
I would like to seek professional guidance regarding my employment-based immigration case (EB-3/EW3).
My I-140 petition is currently in “Processing” status, with a total pending time of 134 days. However, my Labor Certification (LC) is approaching its expiration date on January 21, 2026. The sponsoring company has ceased operations due to a merger into a larger corporation, and the acquiring company has decided not to continue sponsoring my EB-3/EW3 petition.
I would appreciate clarification on the following points:
1. If my current I-140 petition is approved, will I be able to retain my Priority Date (PD) if I later secure sponsorship from a different employer in the same or a similar occupation?
2. In that scenario, would I be required to file a new I-140 petition with the new employer and proceed through the process again, including DS-260 filing and consular interview, in order to complete the immigration process?
3. Conversely, if my I-140 is not approved due to the employer’s withdrawal or dissolution, would my Priority Date be lost entirely, requiring me to restart the process from the beginning with a new employer?
I would be very grateful for insights from experienced professionals or individuals who have encountered similar situations.
Kindly note that I am not seeking advice from intermediaries or agents, as their guidance has been limited and unhelpful, and this situation has caused me significant concern.
Thank you very much for your time and assistance.
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Aaron OJan 5, 2026
The I-140 needs to have been approved for 180 days in order for you to keep your priority date. If you do use your older priority date, you would still need to start over from the beginning. In that situation, your priority date will probably be current when your new I-140 is approved, with how long PERMs take these days
Still Waiting Jan 6, 2026
Unfortunately you cant retain your PD in this case.
mat ngJan 6, 2026
you should pay for PP snd hopefully it will be approved to retain your priority date.
BDV victimJan 7, 2026
unfortunately the PD cannot be retained. Even if you can retain the PD the wait time is extremely long so not sure if it’s even worth it. Try to get your paid fees back from your agent if possible and look for other pathways.
kumar mJan 8, 2026
get immigration attorney consultation asap.
