Industry to academia to industry

[bountyful]

This is basically a question about being counted in the cap.

I switched from a corporate job (cap non exempt) to an academic one (cap exempt).

If I were to switch back to a non exempt job, would I not be subject to the cap?

Does it matter when the non exempt H1B was initially issued?

I also have a PD and I-140 approval from the academic job. If I were to successfully transfer to a corporate job, these would still hold correct (assuming the new employer did PERM etc.?

[JoeF]

If you have been counted for the quota in the last 6 years, you are not counted again, and you can change between exempt and non-exempt jobs in both directions.

[Attorney_22]

Generally, if you were previously counted against the H1B cap, your change again from a cap-exempt to a cap-subject employer should not make you subject to the cap. However, each situation may be different based on the specific details, therefore it is advisable to speak directly with a qualified U.S. immigration attorney.

[yumthree]

Hi bountyful, can you tell if this worked for you?

[findithereall]

We are in this specific situation. Could the poster please verify if it worked?