H1B Cap count confusion - Urgent !!

[itssnick]

I know, I have been answered earlier for this question, but still I am not clear because my new employer attorney is telling me totally different story.

-- I have approved H1B petition with company A (Cap 2011) but with only receipt number.
-- Now, company B is filing new H1B for me and attorney is saying that since I don't have any document related to my already approved H1, my application will be treated as new and will fall under current cap( Cap 2011) and if cap is over then no chance of getting H1 through company B.

-- Is company B attorney point is correct? Please elaborate.
-- My approved H1B petition with company A doesn't help me in anyway to show me as cap counted just because I don't have any copy of approved petition?

Please reply asap.

[shervin143]

If you don't have a copy of the previous approval notice, the attorney can still use the old CAP by just specifying the receipt number, provided you know for sure that receipt number belongs to you. How sure are you that your old employer didn't give you a receipt number that was not actually yours. For this very reason attorney's usually file the petitions under the previous CAP using a copy of the previous approval notice. The CAP for 2012 is still open. If you file it now, you don't even need to use the old receipt number. If you are planning to file it after a month, then the CAP might run out by that time.

[itssnick]

H1B Cap count confusion - Urgent !!

Thanks shervin for your prompt reply.

That make sense that, how attorney will believe that receipt number I stated belongs to me, but suppose after filing new application USCIS finds my approved H1 petition in there system then how they will consider my application, will it be treated as new cap number or existing?

[shervin143]

If it is filed as a new petition under a fresh new CAP (Without mentioning about the previous receipt number), then the approval will be on a new CAP. USCIS doesn't track back to see if you previously had any approved petitions.

Thanks shervin for your prompt reply.

That make sense that, how attorney will believe that receipt number I stated belongs to me, but suppose after filing new application USCIS finds my approved H1 petition in there system then how they will consider my application, will it be treated as new cap number or existing?

[itssnick]

Well !! If they don't backtrack then how do they determine that it's a duplicate filing or not?

Multiple or Duplicative Filings
On March 19, 2008, USCIS announced an interim final rule on H-1B visas to prohibit employers from filing multiple or duplicative H-1B visas for the same employee. To ensure fair and orderly distribution of available H-1B visas, USCIS will deny or revoke multiple or duplicative petitions filed by an employer for the same H-1B worker and will not refund the filing fees submitted with multiple or duplicative petitions.

[kabkaba]

Same company is not allowed to file for the same employee.
Different companies can file for the same employee.