I hold a H1B valid till Feb’28th of the this year, My employer is in the process of filing an cap exempt. meanwhile i received a job offer from another employer who is hiring h1B holders for an onsite position, i told them clearly that i have never travelled with this H1B and also about the validity and also about the process of cap exemption, still they are considering me for this position. My question is can this be done ? i mean can i join the new employer and travel from there or Will my present employer have anything to object.
The other employer can file a cap-exempt petition for you based on your previously approved petition.
When you change employers, your current employer can withdraw the petition by asking USCIS to do the same. However, the other employer can still have the cap-exempt petition filed irrespective of this.