Am I not subject to h1b cap? when I go back to commercial company from school(cap exempt h1b)

  • #478173
    Curious person 68.***.106.239 2256

    http://www.antaoandchuang.com/en/temporary-visas-work-study-tourist/you-were-previously-counted-under-h-1b-quota

    According to one of the ways not to be subject to h1b cap,
    it explains like below.

    #6: You were previously COUNTED under the H-1B quota
    The applicable law states:

    Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.

    Since I just tranfered from cap subject h1b to cap exempt h1b on Feb 2009, I am just wondering whether I will be subject to h1b cap when I decide to go back to cap subject h1b later.
    Would you please give me some advise? if any of you have any experience?

    Thanks very much in advance