Valid options when 221 G for H1B issued?

[John Bing]

My H1B petition was filed during April 2016 cap and was picked up in the lottery. My petition was approved in September 2016.

I had recently been for H1B stamping interview with same petitioner who filed in India during Sep 2017 and was issued 221 G Administrative Processing despite providing all the confidential employer documents. The Visa officer didn't ask any more docs and my passport was returned. I am an IT Consultant.

My questions here:

1. In case if Visa is denied and NOID/NOIR is issued after Admin processing which I expect to take few weeks, can I still use my approved petition as a H1B cap exempted for new employer as my petition was approved in Sep 2016 till Aug 2019.

2. Can any other employer transfer the H1B when I am in 221 G Admin processing state currently. My H1B is not active as I am in India & this is my first stamping interview.

Please appreciate your timely help.

[scientist2016]

1) Yes.
2) The new employer has to file a new cap exempt petition. Since you are not H1, there is nothing to transfer.

[John Bing]

Thanks for the reply.

The first point is always contradictory as in some forums they mention since the petition is revoked and you can't file cap exempt one.