PERM question: My empolyer is a public company.

Since my company failed to file 10-k, it got delisted from Nasdaq last year. Financially my company is still fine since it has positive cash flow. And I believe it is possible to release 10-k sometime sometime this year.

My question is that, will this affect my PERM application before it releases financial report? Should I wait until annual report is filed?

Thanks.