H1B from new Employer

[guy_mu1]

Hi,

My wife has a valid H1-B (visa stamped on passport) with her current employer. But she is going to quit this job due to personal reason and she will come with me to US on H4 next month.

In this case after few months, can she file for a new H1 with another employer out of cap while she is in US?

[DontWorryBeHappy]

Sure, A new employer can file an H1-B petition for her with COS checked(H4-H1 change of status). But she can work with them only after the COS is approved. If COS is not approved she will continue to be in H4 status. She just need to submit a copy of her previous employer's I-797 to the new petitioner.