Please help me:H1B cap

dear friends,

so many troubles to stay in us. looking for job, applying h1b. now, my status is like that:

submitted H1B application with premium process. got INS questioning: if this position needs bachelor degree?

OK. My lawyer suggests to submit an industry letter.

My question is:

does anybody know about if the cap thing? Is it out or going to be out soon?

Can I go back to F1 visa (OPT holder now)?

Please help me!!!!!!!!!!!!!!

Thank you!