Does H1 tranfer/new H1 come under the cap?

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Registered Users (C)
If some one is on a h1 visa and then applies for a new h1 with a different employer for a new employment, will that be counted under the cap?
What is the rule if some body on a H1 in a cap exempt institute applies for a new h1 with an employer who is not cap exempt? will the new h1 application be counted under the cap?
Please help.
 
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