Universities H1B are truly not cap exempted because one can't transfer to industry if H1 cap is filled for that year. So can univ. apply in H1B cap?

A cap exemption is a privilege reserved for, among others, institutions of higher education. Although I have never heard of a university not using the exemption when it is able to do so, I believe that it is possible for an institution of higher education to apply for the H-1B cap by refusing to designate itself on the H-1B data sheet as such and paying the required fee for a regular case. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.