No. If you are employed by an institution of higher education or a related or affiliated nonprofit entity or by a nonprofit research organization or a government research organization you are not subject to the cap. The employer can file the H-1B petition on your behalf at any time during the fiscal year and is not subject to the April 1st deadline. If you change employers and your new employer is not an institution of higher education or a nonprofit entity related or affiliated with an institution of higher education or a government research organization, you will be subject to the cap.