Can a second employer override previous employer's H-1B petition with an open RFE?

[mukkollu]

Hi,
My current employer applied for my H-1B and he got an RFE asking to provide doc. proving the employer-employee relationship. I am also expecting to get a full time employment offer from another employer. Can the second employer override the first employers's H-1B petition with an open RFE?

Thanks,
Sunil

[kabkaba]

There is no such thing as override. The new employer can file a new cap-exempt petition and if approved you can work with them. Has your I-94 expired?

[mukkollu]

I am on H-4 and my I-94 is valid for another 6 months.

[shervin143]

In that case, another employer can also file a COS from H4 to H1B and when that approved, you can work for them. If both the H1B's get approved, you have the option to work for one of the employer (but not both at the same time).

I am on H-4 and my I-94 is valid for another 6 months.