Urgent Help!!Fathers Health Condition Got struck in India, H1B visa refused. Having I-140 approval

[srikantgaj]

Current Employment:

I’m on H1B working as a contractor at End Client Location for Employer A from the past 6 + years.

I-140 Approved under EB2 category with priority date June 13, 2008 with same Employer A.

Current H1B 6 yrs validity Expired:

My current H1b Visa for 6 yr term got expired in April, 2011.

7th yr extension petition applied and approved:

When I’m in US my 7th year H1B extension was approved until April 2014, basing on my I-140 with same Employer A.

My current situation. I thank god for my father's recovery:

I came to India with my family on medical emergency dated 12/10/2011 (Dec 10, 2011) to take care of my father who went through medical surgery.

Visa Stamping Issue: H1B refusal

I went for stamping on 12/29/2011 at Kolkata consulate and received 221 (g) refusal letter, white form from the VO.

I was carrying my I-797 Approved petition valid until April, 2014.

The reason for the denial is my current working model E-V-V-C, even though I have submitted all the required documents, client letters etc. VO issued the letter stating that

"Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations".

VO took my I-797 original petition and I-129 saying that they will send this back to USCIS.

I-140 PD dates:

PD Dates were current while I was in India. No chances for filing I-485, dont want to go for CP processing. Now the PD went back to 2007.

Please help me in exploring the possibilities. My employer A assured me they will not revoke my I-140

1. Can I apply for H1B transfer to new employer B from India using the approved I-140 from Employer A.?
   
2. Should I wait for USCIS to receive my petition and then re appeal? I know this is long wait, which I don’t want to do.
   
3. It’s been 5 months now; I’m out of US.I had worked on a remote project From Jan 2012 – Feb 2012. Presently looking for opportunities through job portals. Will my stay of 4/6 months in India create problems in US Visa Consulate for visa issuance?