H1b - No Receipt # received

[dsatheesh_cs]

Hi Experts

I have a scenario for my H1b filing. My Employer File my H1b petition for the year 2012 on Nov 18,2011. The Petition reached USCIS on Nov 21,2011. I have verified this by the tracking number.
The USCIS Cap received date was Nov 22,2011.

There is no receipt or acknowledgement number received so far for the petition sent. After several request now my employer is saying the package has returned back in Jan stating CAP was reached when petition was received.

My doubt is whether my employer is giving authentic information. My queries are

a. If a H1b petition reached USCIS on Nov 21,2011 is it possible for USCIS to return back the package. The peition was send to California center

b. What is the likely possibility it can be processed

I am in great confusion

Thanks

[shervin143]

There is no receipt or acknowledgement number received so far for the petition sent. After several request now my employer is saying the package has returned back in Jan stating CAP was reached when petition was received.

My doubt is whether my employer is giving authentic information. My queries are

a. If a H1b petition reached USCIS on Nov 21,2011 is it possible for USCIS to return back the package. The peition was send to California center
>>> Possible. The CAP limit for 2012 has reached on 22nd Nov 2011. There would be more petitions filed before you and waiting for the receipt number to be generated. The date when your package reached USCIS doesn't matter so much. The date when the receipt notice is generated is what is important. In your case, the CAP reached and so they would have returned the package as they cannot generate a new receipt number for you.

b. What is the likely possibility it can be processed
>>> It cannot. You need to wait until April 2012 to file a new petition with a start date of Oct 1st 2012 or later.