Please help with this case I came to USA on Jan 2011 under L1Visa for my current employer. I had applied to B1 Visa before that, gotten 221g administrative processing, probably because of my common name, which took about 8 months to get approved. Just a month after my B1 got approved, I had attended the L1b and got 221 g. But L1B got approved 3 weeks later, probably for the same reason that they might have referred to the background check done on B1 Visa 221g. So I travelled to US under L1B Visa which had expiration date of Dec 2013. I had gone out of US and came back couple of times before Dec 2013. During my last entry on March 2013, PoE officer gave I94 valid till March 2016. I have been living in US since then. Now my employer has applied for H1B 2016 (Change of Status) and got picked up in the lottery. Now I need to get stamping when I go to India in December 2015. I am a direct employee to one of the most reputed Fortune 500 company. All the paperwork handled by Fragomen should be in perfect shape. What are the chances of rejection of H1b visa stamping in India? I need and can travel to china after October 2015 for business purpose. Will it be any easier to get stamped in china? If H1b stamping is denied, does it mean H1b petition is rejected that I need to apply for h1b cap petition again even if i am staying with the same employer?
Chances of yr getting 221 G in China are much higher than in India
Though 221 g Can not be ruled out in India , I think now chances would be very less.
Thanks. Can you answer about last part of the question?
If H1b stamping is denied, does it mean H1b petition is rejected that I need to apply for h1b cap petition again even if i am staying with the same employer?
H1b stamping can not be denied outright. Maximum you will get 221 G.
Your petition has been approved by Higher authority in USA. It can not be overruled by lower authority in India. It can only refer the case back to USA with its comments 221 G is the maximum that can happen in India H1 b petition can only be nullified by authority in USA, not in india