221(g) on Cap Exempt, Unable to provide asked docs


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Around a month back, on my PA with the Chennai Consulate, I was given a blue 221(g) with the option of providing either the SOW or the End Client Letter. My petition is approved for Charlotte until Oct 2021, but the client, currently, doesn't have any positions in Charlotte with my employer. They were expecting some positions when the petition was filed, but it didn't work out . They have projects with my employer in other locations though.

The employer is now finding it difficult to convince client to provide ECL for a location where we don't have any presence. The SOW also doesn't have Charlotte mentioned anywhere. So providing that is a risk. The 221(g) clearly says that both documents should have client location mentioned.

Also, my extension was based on Labor filing, so they provided it past 6 years mark ( Else, I would have gotten it until Oct 2020). Currently my i-140 is also in progress and I am in India.

My questions are below -

1) Since I have got 221(g) on current Client's Petition,  I am bound to reply to them with the same client documentation. Without that I wont be able to proceed with any other clients/opportunities. Am I correct?

2) Lets say I provide the SOW (which doesn't have Charlotte location) or a client letter (with a different location) , and the VISA gets rejected. What happens to the approved petition? Can i file an amendment on that petition after rejection? Or that petition is of no use and needs to be mandatory withdrawn? Or is it automatically rejected/withdrawn on VISA rejection?

3) Lets say I quit the current employer without providing any documentation . What issues can I have (if) filing a cap exempt from that employer? Can that be done without withdrawing existing petition?


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1) I feel correct. " The 221(g) clearly says that both documents should have client location mentioned. "

2) What happens to the approved petition? - Its gone. I guess auto withdrawn by USCIS. Once gone you cannot amend it. I may be wrong.

3) I feel before you withdraw start new petition with new client location and get it approved in premium. Then go for visa stamping and then withdraw this...

Your employer must guide you...

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