I-140 and move to cap exempt to cap subject h1b

[abhic2]

Hi,

I have moved to US on a non-profit cap exempt based h1b visa, now after I get my I-140 approved what are my options to move to a cap subject/profit based employer?

Is it possible or I cannot move to cap subject employer ever, until I file for new h1 under cap subject.

Thanks,

Abhishe

[Attorney_15]

Generally, if someone has never held a cap-subject H1B, then the person cannot move from a cap-exempt employer to cap subject employer unless and until they are counted against the cap.