Cap exempt H1B transfer after 221g

1

Hello,

Can someone please guide on the below query

My H1B petition was approved for only 1 year from Jan 2016 - Jan 2017.

I received 221g query during visa interview in June 2016(white slip requesting project documents).

My employer replied with the documents in Dec 2016 and haven’t received any response yet.

Also, my petition has expired now and no response yet from embassy

Can I file for cap exempt H1B transfer through another employer ?
Or I can only for for fresh H1B lottery ? Does 221g have any bearing on transfer of H1B or fresh application?

Thanks!

2

Yes you can however USCIS may or may not approve cap-exempt as your H1B visa was not stamped.
Just have the new employer apply for cap-exempt H1B based on the copy of your originally approved H1B I-797 and try your luck. USCIS has approved cases like yours in past.