221(g) Blue slip , Unable to provide documents

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 -

  1. 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?

  2. 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)?

  3. What are other viable options I have in this situation?

  4. What are the chances of approval of a petition in future, if I have a rejection in name?

  1. The petition will expire and it will not be considered anymore. Yes, your H1B is not revoked, unless it is fraud.
  2. Well, you may try to do it. I have not see anyone do it. You can write to the embassy. Usually, people withdraw, when the VO holds the passport…if there is no passport with them, then I have not seen many do it.
  3. The options are to file a transfer and go for stamping with a new employer…
  4. There will not be any issues in future. The issue is only for this employer and the petition, it should not impact your future petitions…

Try to reach out to Embassy and see, if options exist to withdraw and post here as well.