I may have 2 valid petitions. Is that a problem?

[vinaykk]

Hi

I currently have a valid petition from a US company A. I also have the visa stamp on my passport. But i never travelled to US on that Visa. Now my current employer in my home country applied for a new H1 petition and it got through the lottery.

So will there be any problem for it to get approved bby the US consulate coz i already have a valid petition?
IF NO-
So should i go to stamping again or can i travel on my current visa as it is still valid?

TIA

[txh1b]

If you were counted in the past, why the heck was a new H1b applied for? Some other eligible person could have made through the quota. No new stamping needed.

[novice2007]

Just a thought!

You are right, txh1b.

What if the company did not know that the candidate did have an approval already? Or that the candidate did not reveal it to the company?

And can the USCIS not have a system in place to verify whether one has really used the visa up so that, as in this case, it could have recommended the company to ask for a transfer?

Any thought into this?

[DMX17]

USCIS does not know if the beneficiary is cap-exempt unless the petition (I-129) mentions so. The applicant has to prove that the case is cap-exempt and check the approriate box(es) on the I-129 for cap-exemption.

[DMX17]

What if the company did not know that the candidate did have an approval already? Or that the candidate did not reveal it to the company?

This is not USCIS's problem. USCIS will work on the case as presented.

[txh1b]

The burden of prrof for cap exemption rests with the alien/benificiary. S/He is the only person that can know details about their other hidden H1b approvals and it is logical to use it rather than waste a quota number.

Ofcourse, USCIS could verify the person has been cap counted in the past, which they might during processing and recapture the number and provide to a waitlisted candidate, but the system they have may not be that advanced.

There is something called moral responsibility towards others as well. Well, what the heck am I talking about

On the other hand, if the petition did not get through the lottery, the OP would have asked is there anyway that the prior approved petition could be transferred to the current employer in India without being subject to cap.