I came to US in 2008 on L1B visa. In 2009 a small consulting company applied for a H1B with consular processing for me. In Aug 2010 this consultant filed a COS application from L1 to H1, I joined this consultant as employer and started working in EVC model for the same client for whom I was working earlier.
I came to India in May 2011 for my H1 Stamping and went to Kolkata on 5/9. The Visa Officer told me that my Visa is rejected under 221g and my case is now handled by USCIS.
I want to know:
IF I work from India for my client in EVC model with the same employer, Can I get paid for it legally in US? If not what is the way to get paid ?
Also can another employer use my old H1 application and file H1B which will be cap exempt ?