Urgent - H1 B Premium process help

[immihelp]

I think only employer can appeal, if at all.

Even though the letter was dated Sep 28, they already may know by that date the cap was reached.

[Manishpuri]

Hello everyone,

My wife's company applied for her H1 B under premium processing. A letter dated 28th September was received by the company stating that the HI B Cap was reached and so her application is being returned.

This despite the fact that the cap was reached on 2nd October 2004.

What should we do to appeal to INS ???? Can my wife appeal or only the employer can appeal to the INS ???

I appreciate any help on this.

Thanks

Manish