H1b Portablility, cap to non-cap to cap?

[sandy312]

Hi,

I am in a situation where I worked for a private company on H1b for 1 year. Then moved to work for a University by transferring the H1b to the University. Since 5 years I have been working for the university with 1 renewal and my i140 is also approved with them.

Now,

1. Is my H1b cap exempt or non cap exempt?
   
2. Can I transfer my H1b to a new private company with out re applying for a new cap H1b?
   

- Sandeep.

[t75]

If you leave the university, how do you plan to go back for GC?

[pontevecchio]

Talk to a Lawyer. Based on your approved I140 you are entitled to H1 extensions.

[sandy312]

I know I am eligible to extensions. My university is applying for the extension next year. My question was re phrasing it - Is my h1 subject to cap or cap exempt? Can I transfer my h1b to a new cap employer?