Can we file amendment for the H1B Petition which is under USCIS review


CodeVISA

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Hello All, here is my situation. Hope some one can clarify my doubt.

On Jan 17 I went to Ottawa, Canada for my H1B VISA. I am working under EVC model. VO took my I-797 and other documents and given me 221G.On Mar 24 I got mail from consulate saying that my case is sent back to USCIS for review.

I am still waiting for any response from USCIS. My employer also didn't received any information about my case.

In mean time, My employer spoke with my attorney about my case.My attorney suggested him to file an amendment to my I-797 petition which is under review. (That is the petition which is having 221G). He decided to file amendment for a direct client (EC model).

I asked my employer that how can we file amendment on the petition which is under review? (above that I dont have I-797 petition with me. I given to VO during interview). My employer replied back to me saying it should not be a problem becoz, my attorney is having a copy.

Does any one knows is it possible to file amendment on the petition under review?

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