H1B first stamping (L1B-H4-H1B case) in Toronto or India?

Hi Guys,

I really need some good serious advice. My L1B was expired and extension was denied Mar 2013(first extension after 3 years). I left for India in April 2013(within 30 days). However, i applied for new H1B before going (my employer filed it as Change of Status COS since i was in US) . H1 came through lottery but got RFE in June 2013 saying - 'candidate is not in US please let us know where candidate will be going for stamping in India or if in US which visa he is on? I had already left for India in April 2013

I then filed for new H4 and came to US on H4 around sep 2013 as per my employer advise. Employer filed reply to RFE saying now candidate is on H4 pl grant him COS to H1. 

USCIS approved H1B petition in Nov 2013 but asked me to go for consular processing. Employer suggested go to Toronto and he also included this in reply to RFE ,

USCIS said COS is denied and your papers have been sent to US consulate at Toronto.


Now, i am worried and confused as whether i should go to Toronto or India for stamping, what are the chances for both cases. FYI i have done Bachelors of Engg from India and worked in US for around 3.5 years on L1. Pl advise.thanks a lot.

General guideline is to go to home country if this is your first H-1 stamping and you haven’t done Masters in US.