Upcoming Visa appointment when H1B petition amendment

USA H1B Visa
1

Hi,

I am on F1 visa and have my I797 for H1B. I have an upcoming appointment mid February. When I contacted my employer for outside visit, they have mentioned that the business unit had changed and that requires change in H1B petition and which results in the petition being amended. There are no other changes.

My question is the following - If this does not work out where my amended H1B petition is not received in time when having a US consular appointment in India:

  1. Will this invalidate my existing petition?
  2. Can the older petition be shown to the consular officer?

It seems that I have to go through with my travel plans as I do not have a choice in this case. Any advise is appreciated.

2

No.

Yes but if there is a pending amendment at the time you go for stamping, you may get 221g.

Ideally, you should carry your amended approval notice in such scenario or delay doing amendment until after your visa appointment/stamping and you enter back to the US.
Work closely with your company immigration lawyer and follow their advise.

3

Thanks. If there’s a 221g, do I have to schedule another appointment? Will this also affect my chances as the DS-160 forms have information that mentions a field “Have you been refused a visa?” - Is this a yes in case of 221g?