H1B cap exempt or not?

[AniruddhaDesai77]

i have an unusual case.

 

i did my first masters in 2003 and used the 12 months of OPT.

 

i worked on an H1-b visa from 2003 to 2011.. 8 years. My latest employer had filed a PR for me.

it had reached the I-140 approved stage. My H1-b was renewed based on the I-140 approval for 3 years in 2011 - it was valid until 2014. my priority date is May 2009.

 

I quit my job in late 2011 to start a second masters in a different field. I am currently working on the second masters and planning to complete it by the end of 2013.

 

I already know that I am not eligible for another OPT. And i am eligible for some 9-12 months of CPT i believe.

 

My question is this: Would I be subject to the H1-B cap if a new employer would like to apply for an H1-B visa for me?

My I-140 approval still stands. I have been told that a different employer can pick up the PR process by initiating another LC and Perm etc. But in the meantime another employer can apply for an H1-b "transfer" based on the PR application I am the beneficiary of and such an H1-b would be cap exempt.

 

I also been told that this H1-b would be a "new" H1-b and would be subject to quota. so I am a bit confused.

 

Different immigration attorneys have given me varying opinions. Can somebody on this forum please give me some information on this? Thanks!