221G status, H1B transfer and re-appear of Visa interview without withdrawing pending 221g application

From 221G FAQs (What is 221(g) - Reasons ? Processing Times ? Delays ? FAQs, Tracker), I have noted

Apply for same visa but through another employer (applicable more to H1B applicants). Based on your current petition, an employer (same or different) can file cap-exempt petition for you. Once it is approved you can re-appear for visa interview. Again, one doesn’t need to withdraw the pending 221g application.

My questions

  1. My initial H1B petition including LCA is based on internal project, for which activity has been limited due to my presence in India. When I approach for new employer for H1B transfer, can it be on a Client project?

  2. Lets say, with new employer H1B transfer is approved and appearing for interview with a new petition.
    a. How long does my previous 221G petition can be kept like that ?

b. While processing of new petition for H1B is going on, if a situation like previous petition is approved arises, Can I plan to go to USA with my previous employer ?


USCIS will deny your visa if 221g is not responded to within the timeline mentioned on the form.


@Kalpesh_Dalwadi :

Question: As per 221G yellow slip, need to submit documents within one year. And documents were already submitted.
When you say need to respond within the timeline, what response should be given and whom ?
Since 221G yellow slip only provides USA (india) consulate email ID.

If documents were submitted and you haven’t received any response, you may send email follow-up to the consulate.

Thank you @Kalpesh_Dalwadi, you have answered very quickly.

By the way, I am regularly calling Consulate helpdesk and after 6 months of documents submission, they said case is escalated with USA consulate.

Furthermore, i emailed to support@ustraveldocs.com with my case details. And response says status is Refused - (administrative processing).

Any other things I can do while my old 221G is in pending state and planning for a H1b transfer with another company ?

If you are going to change the employer you dont need to worry about the pending visa case.

@Kalpesh_Dalwadi : I have few questions on that pending case if h1b transfer is applied during 221G.

I will start a new thread.