H-1B FY CAP 22 Coming soon but FY CAP 21 lottery picked application under RFE


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Hi,

My H-1B application was picked in lottery in March 2020. I got a RFE on October 31st 2020. My employer replied to the RFE on Dec 03rd 2020. It is end of January now still no response from USCIS. My employer does not do premium processing nor does it allow me to pay for my premium processing. The next lottery is due in March 2021. I have the following questions:

1) What is the maximum number of days USCIS can take to respond to a RFE under normal processing?

2) If I get no response from USCIS till March/April 2020-21, will I still be considered for next year's lottery? I called USCIS and they said if you file for a new H-1B in March 2021 and your previous application is pending then they will cancel my March 2020 application i.e. it automatically becomes void. Is that true? How does it work?

Awaiting your reply!

 

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