Further questions on 221G Yellow Slip, during/after H1B transfer

[sharing_prasad]

Thank you @Kalpesh_Dalwadi for the excellent insights related to the discussion; 221G status, H1B transfer and re-appear of Visa interview without withdrawing pending 221g application - #5 by sharing_prasad

Earlier H1b petition was on an internal project of a consulting company. H1b approved last year and F1 to H1b change happened last year Oct. Due to 221G Yellow Slip, from India, working for the internal project for more than 7 months and getting paid amount in Dollars. You said not to worry on the pending 221G petition if H1B transfer is filed with another company.

Further questions

1. If I appear for an H1B interview after the transfer, again cant say delays may be more. New employer says I can inform earlier employer after the H1B is stamped and serve the notice period then with previous employer. I do not see any rule or similar way we can do per USCIS documentation.

Please correct it or give some info here.

2. During all this time while new petition is going on including H1B interview for new employer, will the old 221G will be paused temporarily ?

Basically, if H1B petition (221G) of old employer itself gets approved and stamped, then I prefer to stick with the old employer.

[Kalpesh_Dalwadi]

@sharing_prasad

If I appear for an H1B interview after the transfer, again cant say delays may be more. New employer says I can inform earlier employer after the H1B is stamped and serve the notice period then with previous employer. I do not see any rule or similar way we can do per USCIS documentation.

First of all, once a H1B worker leaves the US, they are no more considered to be in H1B status while working from outside of the US.
However you may be bound by the employment terms to serve certain period of notice which is fine.

@sharing_prasad

During all this time while new petition is going on including H1B interview for new employer, will the old 221G will be paused temporarily ?

No. As I mentioned earlier if you dont respond to 221g within the time mentioned on the form, your visa will be denied.

[sharing_prasad]

@Kalpesh_Dalwadi : Related to 2nd question, further, if I go for interview with new employer after the H1b transfer, then will any movement happen to pending 221G petition with the old employer ?