2nd Fresh H1B after not using the 1st approved H1B Petition

[gsaselvan]

Hi,

i had applied for H1B through X company and the petition got approved in oct'09 and i haven't used that, Now my Y company is processing the Fresh H1B, i have few queries in this can any please help me in clarifying that

1. Should i need to tell my Y employer about the approved petition i got 2 years before?
2. if i am not going to tell that , by any chance USCIS has these information and ask Y company abt that Petition?
2. shall i use the one which got approved in 2009 now for Y company?

[shervin143]

1. Should i need to tell my Y employer about the approved petition i got 2 years before?
>>> I don't see any reason why you should hide that information.

2. if i am not going to tell that , by any chance USCIS has these information and ask Y company abt that Petition?
>>> Of course USCIS will have all these records. But they are not going to communicate to employer Y about your previous approval with a different employer.

2. shall i use the one which got approved in 2009 now for Y company?
>>> It doesn't work that way. Company Y will anyhow need to file a petition on your behalf and that should get approved so that you can work for Company Y. The only difference is if you give employer Y a copy of the previous approval notice, then will be able to file the new petition under that old CAP and request an immediate start date. If not, they will have to file the H1B on a brand new CAP and the start date can be on or after Oct 1st.

[gsaselvan]

Thanks a lot...