H1b cap-subject to cap-exempt Back to cap-subject

[pt0036512]

Hello,

Could you please clarify my question on the h1b transfer?. My initial h1b issued was under cap-subject( got it in 2010). When I was at 5.6 year's on h1b cap-subject( in 2016) visa , I joined a non-profit organization under cap-exempt (in 2016).  So in total, I used h1b cap-subject visa only for 5.6 years out of 6 years allowed, rest of the time I worked on h1b cap-exempt visa for a non-profit organization.  In between I have got my i140 approved.

Now my question is that, I am getting a job offer from a profit company( cap-subject), can they file h1 transfer(port) as my original h1b was cap-subject and I only used 5.6 years in it? 

I appreciate your help.

Thank you,
Prasanth

[User099]

Yes, they can apply for a H1 transfer as your First H1 was subject to cap. 

[pt0036512]

Thank you for the response.