H-1B though exempt from the quota

[CodeIMG]

Hello All, One of my friend currently working in USA on H1B approved in April 2016. He has been in USA since Sep 2016. Now, he is planning to change employer. His title in LCA is  "Programmer Analyst". With more stringent requirements on H-1Bs this year, Attorneys  strongly feel his title will be a reason for significant risk for H1B transfer.  For this exercise,they are considering as a new H-1B though exempt from the quota. Note- His new employer is not a non-profitable organisation. Can some one explain below?

• Amending a new LCA with Role changed doesn’t work?
• How different is new H-1B though exempt from the quota from H1B transfer?
• Does he needs to travel out side USA to get approval?

[JoeF]

You or your friend seems to be confused. An H1 transfer always *is* a new, cap-exempt H1. Technically, there is no such thing as a transfer. It is always just a new H1 petition. The lawyers should be able to explain that to him.