Can my new cap exempt H1B visa be filed by another employer when I have a valid stamped H1B visa?


I have valid H1b valid till 30th sep 15 and resident of India. I have not travelled to US before. I can forsee that my current employer does not have any onsite opportunity for me. I have got another onsite offer, where my new employer is ready to file a new H1B application immediately (cap exempt). Please suggest what will be the process, if any risk involved in this.

Thanks in advance.

The process is the same as it was for the first filing. It just won’t be counted under cap so it can happen any time of the year. The risk involved is also the same as in every case. But you can mitigate the risk by first asking for the H1 approval with new employer and only joining them once the H1 is approved.