- An explanation why a second petition is being filed, with supporting evidence, such as the notice from the delivery service; and
- A request to withdraw the first petition filed for the FY16 H-1B cap.
Petitioners who do not include these items will be considered to have submitted duplicate filings. USCIS reminds employers that it will deny or revoke multiple or duplicative petitions filed by an employer, in the same fiscal year, for the same H-1B worker and will not refund the filing fees.
If the FY16 cap is met within the first five business days of April, USCIS will reject any petitions received after April 7, 2015, including second H-1B petitions filed because of a delivery service mishandling as described above.
In addition, if the petitioner submits a second H-1B petition and withdraws the first, USCIS will not adjudicate the withdrawn petition and will return it to the petitioner regardless of whether the petition has already been receipted.