If the beneficiary is selected and the registrant decides not to file, USCIS recommends that the registrant maintain documentation as to the reason for not filing to present to USCIS if questioned.
If the beneficiary was not selected in the initial selection and their application was properly submitted and neither denied nor invalidated, their status will remain "submitted." USCIS will invalidate registrations that they determine to be duplicates, and, there is no right to appeal this decision.
USCIS provides instructional videos for registrants and representatives on the H-1B electronic registration process on its website.
If you are considering filing a cap subject H-1B visa application for your employee, you may want to consult with an immigration attorney to discuss your case. Attorney Carcagno handles H-1B visa applications and provides a free initial intake consultation (734) 999-0360.
***Please keep in mind that this blog posting is for educational purposes only (i.e., to give you general information and a general understanding of this immigration related matter); this blog posting does not provide specific legal advice and does not form an attorney-client relationship.***