RFE request letter for H1B but sent after cap quota - what do I do????

[goinggreen]

So summary is I sent in application for H1B back in May 2011, I received confirmation of application in July 2011 and had banked checks.
I heard nothing from them at all until I received an email on January 2012 that they have sent a letter Requesting For Evidence (RFE).
The letter requested information to be sent by April 13th..

After I received this information I discovered the cap was reached in November 2011.

Has anyone had this problem before and what happened when you responded to letter?
A call was made and we were told we had reapply all over again including the fees. How is this friggin fair when we applied months before cap and they took 6 months after (not 2 like their website said) they received application to respond and that was also 3 months after cap was reached...

Please help me with advice, it doesnt seem fair we have to pay fees and do application again cause they took 3 times as long to respond like their website mentioned...

Very unhappy applicant

[cosmo.kramer101]

Please help me with advice, it doesnt seem fair we have to pay fees and do application again cause they took 3 times as long to respond like their website mentioned...

Very unhappy applicant

Sorry to hear about such an unfortunate turn of events.
but who says this whole H1 visa program 9and perhaps many others) should be fair and is fair?
it all is based primarily on the good luck. and then on your skills/experience/abilities etc...
good luck in the future!