If two companies file H-1B petitions for the same individual not by mistake but to game the lottery, it is considered fraud. If one withdraws the petition in the nick of time, the matter was not pursued by the USCIS but now a landmark decision by the USCIS Administrative Appeals Office says that withdrawing a petition won't spare the applicant from fraud investigation.
The decision is a precedent one which means it will now be effective to all future cases. According to experts, though the decision came in an H-1B case, this will now be applicable to all immigration petitions. If USCIS officials find that one application has been withdrawn, they can investigate and find out whether it was intended for fraud.
