H1 transfer from India while waiting on 221g

Hi Saurabh and the experts on the forum,

I am from India. Never travelled to the US. And I had my New H1B filed in 2012. I got my petition approved in Feb 2013.

I am currently stuck in a situation. I had attended my H1 visa stamping interview 3 months back. The consular officer gave me a 221g, and then asked me to furnish a few documents related to the employer a week later.
I had been speaking to my employer since, for the documents, and he had been saying that he is busy and he needs some more time to send me the documents. 
I had finally decided to find a new employer and started applying on dice, and my employer somehow figured it out. And he has been threatening to revoke my petition for a week now.

I have a few questions in this regard.

1.) If my employer does revoke my petition, can I still get a new employer to file a cap exempt H1?
2.) If the answer to 1 is No, how long do I have before I find a new employer and file a new cap exempt petition? As in, would the petition become revoked as soon as he applies for it? Or would it take time, like a month or so?
3.) If I make peace with my current employer and he sends me the documents, how long do I have to send the response to the 221g?
4.) After I submit the documents to the consulate, if I find a new employer (say a very stable one, with whom I know the visa interview would be a cake walk), is there a way I could ask the consulate to ignore the previous stamping thing altogether and consider this new one instead?


Regards,
HeMan
  1. Yes

  2. N/A as answer to (1) is Yes

  3. I think it should be within a year of 221g issuance date

  4. Yes, you can get the new cap-exempt petition from new employer. Then ask the consulate to withdraw the current processing and re-appear for stamping through new employer.

Thank you very much Saurabh. Just another question to add, would my first employer know if I get another employer to apply for a cap-exempt visa?

They won’t know about it unless someone tells them about it.