cap exempt to cap subject H1

I

imgdoc

Registered Users (C)
I have applied for a cap subject H1 with a start date of Oct 2007. I am currently on the 6th year of my cap exempt H1. Will the USCIS count my application under the cap and put my application through the lottery as well? The USCIS memorandum released yesterday (http://aila.org/content/default.aspx?docid=22017) states that H1 extension for ALL current H1 holders will be exempted from the cap. Does that mean that my H1 will be exempted?

Any response appreciated!

Thank You
 
My initial H1 was not counted under the cap because, I work for an Institution of Higher education. Now, I am moving to a private employer and the job doesnt qualify for a cap exemption.
 
Do you imply that after you spend 6 years as a cap exempt H1 you can have another 6 years as subject to cap H1?
 
imgdoc said:
My initial H1 was not counted under the cap because, I work for an Institution of Higher education. Now, I am moving to a private employer and the job doesnt qualify for a cap exemption.
Click to expand...

Not sure how it works, but it seems that if you are on cap exempt H-1B then you cannot transfer the H-1B to another employer???
Whereas a transfer case (company A to B) is cap exempt.
 
Last edited by a moderator:
I am sorry for the incomplete information. My GC is being processed now and the I-140 has been approved. I am eligible for a 3 year extension of my H1.

Thank you
 
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