H1B cap exempt beneficiary?

[Hela]

Hi, I've been in the US on H1B visa from April 2009 to the end March 2012. It was for research job at the university so I assume it was the obtained by cap-exempt. Then I went back to Poland and after 1.5 years I came back on J1 visa (also with the university) that is good for 2.5 more years. However I am considering to change my job and would like to apply for H1B with a private company. Can I apply as a cap exempt since my previous H1B was less than 6 years ago? Does the fact that I am on J1 now matter? - I an not a subject to a 2 year foreign residency req).

[raghvi]

Hi, I've been in the US on H1B visa from April 2009 to the end March 2012. It was for research job at the university so I assume it was the obtained by cap-exempt. Then I went back to Poland and after 1.5 years I came back on J1 visa (also with the university) that is good for 2.5 more years. However I am considering to change my job and would like to apply for H1B with a private company. Can I apply as a cap exempt since my previous H1B was less than 6 years ago? Does the fact that I am on J1 now matter? - I an not a subject to a 2 year foreign residency req).

Are you sure it was cap exempt? Are you moving from cpa exempt to cap exempt or cap subject employer? If you are moving to another cap exempt employer its fine. But if you are moving to a for profit, cap subject employer then you should know that this year Cap is already over and next year's cap will open only in April 2015, with an earliest start date of Oct 2015.

This is my opinion not legal advice.