I am in India since 2015 working for company A. In 2015 I got my H1 through lottery from another company B with stamped visa which was valid till August 2018. I am still in India and have been working for company A all along and never travelled on that H1 and never worked for company B. Now my company A was looking to transfer H1 I got from company B using Out-of-cap but have raised concerns about dual employment as I got my H1 through company B while I was still working for company A. Can someone clarify that this isn’t really an issue and company A can go ahead with H1 transfer.
No, anyone can apply for your H1B, there is no restriction as such…Any number of employers / companies can apply for you at the same time… Now, regarding transfer, it is a grey area, because lately USCIS is asking the user to have H1B status by visiting US…there are some who had successes and some did not succeeded, but does not hurt, if you have company A planning to try it.