Query reg. H1B cap-exempt

[venkatesh.sasi]

Hi, 

 

Following is the situation of one of my friends.

 

His H1 B expired on  August 2012. Last exit from US was on August  2011.
Total year of Stay in US
May 2000-August 2001
May 2003-August 2011
During this period he filed for GC and I-140 got approved . It is in EB3 quota with priority date of August 2004.

Now, his employer is not there.

 

Following are the clarifications required. 

1. Can the process his GC now?

2. If not possible and if he tries for a H1 this year, will that be a cap exempt. 

 

Please answer.

[jairichi]

Hi, 

 

Following is the situation of one of my friends.

 

His H1 B expired on  August 2012. Last exit from US was on August  2011.

Total year of Stay in US

May 2000-August 2001

May 2003-August 2011

During this period he filed for GC and I-140 got approved . It is in EB3 quota with priority date of August 2004.

Now, his employer is not there.

 

Following are the clarifications required. 

1. Can the process his GC now?

2. If not possible and if he tries for a H1 this year, will that be a cap exempt. 

 

Please answer.

1. How can he process GC when his employer ceases to exist?

2. I believe his approved I-140 is revoked. New employer has to file a cap subject H1B petition on April 2014.