Applying for H1b while Case is pending 221G

[vijaychad]

Please help me with my case....
I was employed by company A and I was working at Clients Place for a project. I had a visa approved in April 2011 valid upto April 2014.
I came to India in December 2011 for a vacation and went for Visa Stamping in the same month. Visa officer was not convinced that there was a employee employer relationship and my case was sent back to USCIS. In January 2012 my employment was terminated as I could not go to USA since my case was sent to USCIS.

I have been working in India since then. I recently found an employer who was willing to sponsor for my H1b Visa.

I have the following questions..
1)Since my Employment was terminated what would happen to my case that has been sent back to USCIS and what would happen to my H1b?
2)If the new employer applies for H1b will I come under the H1b Cap?
3)Can I apply for H1b transfer?
4)How can I find the validity of new employer.Is there any website where I can find the validity of the new employer who is willing to apply for my H1b.

[kabkaba]

Please help me with my case....
I was employed by company A and I was working at Clients Place for a project. I had a visa approved in April 2011 valid upto April 2014.
I came to India in December 2011 for a vacation and went for Visa Stamping in the same month. Visa officer was not convinced that there was a employee employer relationship and my case was sent back to USCIS. In January 2012 my employment was terminated as I could not go to USA since my case was sent to USCIS.

I have been working in India since then. I recently found an employer who was willing to sponsor for my H1b Visa.

I have the following questions..
1)Since my Employment was terminated what would happen to my case that has been sent back to USCIS and what would happen to my H1b? - Your Visa application is denied (221g) and the petition is sent back to USCIS. USCIS will ask your employer why they should not revoke the petition, if satisfied with your employer's response, they will reaffirm the petition. But since your employment is terminated, your employer will most probably withdraw the petition or not respond to USCIS. None of this matters to you.
2)If the new employer applies for H1b will I come under the H1b Cap? -- It will be exempt from cap irrespective of the above.
3)Can I apply for H1b transfer? -- It is the same thing as cap-exempt petition as in 2.
4)How can I find the validity of new employer.Is there any website where I can find the validity of the new employer who is willing to apply for my H1b. -- A good sign is that they will pay for the filing costs themselves and not ask you.

See above.