Is H1B amendment needed before submitting documents in response to 221G?

[sb1974 0]

Hi,
I got a 221G Admin Processing in Mumbai consulate and have been asked to submit client letter. I am unable to get a client letter as the project I was working in got closed. I have got a client letter from another direct client of my employer. As this client is in another location, my company has filed the LCA amendment for the new location and are awaiting the approval. After that, I understand an H1B petition amendment is required to be filed as per the process. However, my employer says that since I am currently outside the US, it is not required to file the H1B amendment now. They say the amendment can be filed once I return back to the US, and for now I can go ahead and submit the new client's documents for stamping upon getting the LCA approval.

Could the experts in this forum please let me know an opinion on this? Is it required to file and have the H1B petition amendment approved before submitting the documents in response to the 221G?

Thank you!

[arken 4,197]

Per the link below, H1b amendment has to be filed along with new LCA.

https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision

If you were in the US, you could have started working for the new client while h1b amendment is being processed, but since you need a h1b visa to enter US, i think the CO will not grant you a visa unless you they see the new h1b amendment approval.