Tier 2 ICT - Clarification reg VISA Refusal questionnaire

[ICT_Newbie]

Dear Seniors,

I need your expert advice on this peculiar scenario.

I'm working for a Top 5 Indian IT Services company (X) for the past 5 years.
Applied for US H1B Visa in 2012 through US based small firm (Y). Went to H1B Visa stamping for Y in Jan 2013 and got 221g (Administrative Processing) for Petitioner related documents.
My current employer X is not aware of these proceedings.

Later in September 2013, I got Foreign Service refusal work sheet from US Consulate stating that my petition is being sent back to USCIS for further review and my case is still pending in 221g.

Now, my employer X (A-Rated Sponsor) wants to file UK Tier 2 - ICT Visa for me.
Here comes the real confusion. We need to answer a question regarding any visa refusals for UK or any other country in the past.

What should I answer for the above question. Whether 221g is technically a VISA refusal even though the case is still pending with USCIS.
Should I reveal to UK Border Agency as YES and provide these info or should I say NO.
Some say mine is not a VISA refusal since it's not yet officially closed.

If YES, I'll have to somehow manage my current employer X and proceed with UK Visa filing.
I heard that Australia, Canada, New Zealand, USA & UK share immigration data among them.
So if I say NO, will UK Border Agency can able to track my US application using biometrics ?

I'm counting on you folks big time. Please clarify my doubts.

[onlooker]

I find it very hard to believe that H1B refusal would have any effect on a Tier 2 ICT.

[ICT_Newbie]

Appreciate your inputs.
I want to know whether 221g should be considered as VISA refusal and it should be declared as YES under VISA refusal question in UKBA online form while filing ICT.

Gurus please help me out.

[The Station Agent]

If it was a petition refusal and you had not applied for the visa yet then it's not a visa refusal.