Cdman

I have a question.
My petition has been filed on Feb 11 under premium processing service.
And it was supposed to be ok. Now, i checked it online and it says
that RFE has been mailed.
My question is, the whether the answer to this RFE is considerd to be
a new petition or its the old one. And am i still under the cap ?

Sylvia Ottemoeller

"CDMan" <[email protected]> wrote in message
news:[email protected]...

    > I have a question.
    > My petition has been filed on Feb 11 under premium processing service.
    > And it was supposed to be ok. Now, i checked it online and it says
    > that RFE has been mailed.
    > My question is, the whether the answer to this RFE is considerd to be
    > a new petition or its the old one.

It is still the old petition that was accepted before USCIS stopped
accepting new H-1B petitions. However, not all of those petitions which
were accepted for filing will necessarily make it.

And am i still under the cap ?

There will come a day when USCIS announces that the cap has been reached.
If your H-1B petition is approved by that day, you will have made it under
the cap. If your H-1B petition has not been approved by that day, you will
not have made it.