H1B Amendment while 221G and when possibility of rejection due to 221G

[sundar1986]

 Hi Everyone,

I am really looking for some expert advise on My H1B case. Please go thru my details below and provide your valuable suggestions - 

 

I work for reputed employer in India and my H1B was approved for 2016 quota on August 4th with original documentation provided in March-2015 for Client ABC. 

In between, in Month of May 2015, I started working for client XYZ thru same employer.  

However, When I went for stamping on 28-29th Sep 2015 , I took documents for my previous client ABC along with me as suggested by employer. At the time of interview, VO asked few basic questions and handed over 221G saying 'Your case will need additional time for admin processing' . 

After waiting for almost 80 days, USCIS sent an inquiry on 14th Dec 2015 to client ABC to inquire about my position and they responded saying, I was active till May 2015 and not working anymore for them which is a truth. 

I have not yet received any response back from USCIS or Embessy till date, but looking at my case, I see high probability of VISA rejection. What are the ways to handle my case. Please suggest - 

1. Can I ask my employer to file H1B amendment with client XYZ docs and withdrawal of existing VISA application which is under 221G once amendment is approved? 

2. or Wait for reply from USCIS or Embessy for pending 221G inquiry which is most probably going to be rejection? or will they ask for additional docs? 

3. Any other thoughts? 

 

Please let me know if need further details about my case.

[bobvisa]

You can file an amendment and go for another VISA assuming USCIS doesn't consider the case as fraud. They might ask you why your visa is refused first time. 

Remember , always speak truth. They have all your details.