The USCIS will deny or revoke all petitions filed by an employer for the same H-1B worker if more than one filing is discovered.
If multiple petitions are found, whether one or more such petitions are approved, the USCIS will encode all those duplicative petitions, retain all fees, and either deny the petitions or, if a petition had been previously approved, revoke such petition.
The petitions will not be returned to the petitioner.
As of August 7, 2009, an approximate of 44,900 H-1B cap-subject petitions as well as around 20,000 petitions qualifying for the advanced degree cap exemption had been filed.
The USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.
This takes into account the fact that some of these petitions may be denied, revoked, or withdrawn.