Any penalty for filing another cap exempt h-1b petition?

[hul]

I am still waiting for the receipt number of a cap exempt h-1b petition delivered on April 1st, 2013. (New, RP, One of the employees received h-1b about two years ago by the employer.)

According to FEDEX tracking info, it was delivered to

USCIS – California Service Center

Attn: H-1B U.S. Master’s Cap

24000 Avila Road, 2nd Floor, Room 2312

Laguna Niguel, CA 92677

Is there any penalty if the employer sends another cap exempt h-1b petition package to USCIS?

Thank you in advance.