Confusion about H1B cap/quotoa exempt or not? Please clarify/help.

latbsol

Registered Users (C)
Dear all,

Here is my situation:

My very first job in the USA (8 years ago) was with Employer A, using H1B. This was a private company (H1B not exempt from the cap - meaning it is counted toward the cap).

Then I changed my job to Employer B, which is a non profit organization and I am working with them under H1B. Even though this employer is exempt from the H1B cap, I had transferred to them from a private corporation which was subject to H1B cap.

Now I want to work for Employer C - which is a private corporation (non exempt), and they have applied for my H1B transfer. My question is whether the H1B transfer that Employer C is trying for me is subject to the H1B cap or not?

The reason for my confusion stems from the fact that even though I am working for a non-profit organization now (which is H1B cap exempt), my very first job was with a private corporation under H1B (which was subject to the cap). I am keeping my fingers crossed about the H1B transfer.

Other information: This is my 8th year in H1B - my 140 is approved and 485 pending for almost 4 years now in EB3 India.

I hope I have explained my situation clearly. Any expert insight into this situation would be very much appreciated.

Thank you in advance.
 
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