In July 2019, I got my cap exempt H1B petition approval until August 2021 for a client for Charlotte, North Carolina. My company was expecting some positions in Charlotte for that but couldn’t get any; although they have projects in other locations in US with the client. I was asked to go for the PA without any amendment.
During the interview, I was handed a blue 221(g) asking to submit either SOW which has petition address(Charlotte) OR a client letter with petition address mentioned. Now, SOW is out of question because none of my company’s contract with US Bank has Charlotte as a work location. They are trying to convince the client to provide a client letter for Charlotte, which they may or may not get, given that they don’t have any presence in Charlotte.
What are my best options going forward? Here are a few questions I need some clarification on -
As per 221(g), the time frame to provide asked documents is 1 year. What happens if no documents are provided till that date? Does that only cancel the stamping process, with petition still remaining valid, so I can do amendment on it?
While I have the 221(g) on stamping and client/petitioner does not provide any documents, can I -
a) Withdraw the petition without any issues? Does VISA request gets auto canceled if I do
b) Apply amendment on the approved petition? If yes, and I get the amendment approved
before one year deadline, can I provide documents for new project/ location? Or that
would require a new stamping request and I have to wait for the current one to
expire(i.e. 1 year)?
What are other viable options I have in this situation?
What are the chances of approval of a petition in future, if I have a rejection in name?