can H1B cap-exempt employer(Non-profit organisation) file H1B against general cap quota

[rk_prabhu]

Hi everyone,

I work with a non-profit organisation ( H1B cap-exempt employer).

My questions,

[1]- a cap-exempt employer can file H1B against the General H1B quota ( i.e, filing against the H1 cap) ? Is this possible ?

or

[2]- is it possible for me to take the current employers (which is a cap-exempt employer) employment letter (i.e., offer letter) and file a general H1B ( cap subjected one) through a third party employer (lets consider a consultant here). So the scenario am considering here is possible legally.

[Attorney_10]

Generally, petitioners which are cap-exempt may not file H1B petitions under the numerical limitaitons (H1B cap). However, if a beneficiary was working for a cap exempt employer and moves to a cap subject employer, the new employer will need to file a H1B petition under the numerical limitiations (cap). Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and the different options available to you.