You are not subject to the cap if you were counted against it within the past six years of applying. This means that you should be able to transfer from a cap-exempt employer if you initially were counted against the cap within a six year period.
If you were counted against the cap once you will not be counted again. What you need to worry about is the limit on your stay (two 3-year periods).
I concur with these answers.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law