Apply HB outside of USA

[oolong]

I entered USA based on conditional green card but now my family has trouble to remove the ocnditions, so I would like to give up my green card and then file H1B (because I already found a job). If I withdraw green card first, I will be out of status and therefore, I have to wait for the approval of H1B outside of USA. Here are my questions:
(1). Do the officials in USA embassy in other county have the authority of rejection to issue me H1B visa? I know every year, almost half of students who are admitted by their schools in USA are rejected by USA embassy because of immigration intention.
(2) When my H1B petition is filed, do I need to be outside of USA definitely? I mean if I can get H1B in USA (my optimal situation)? I heard that there are 180 days during which I could stay in USA without being considered as overstay.
(3) Am I allowed to file H1B petition while holding green card? After the approval of green card, I can give up green card because I do not want to be out of status in which I will leave USA before the approval of H1b and after expiration of green card.

 

[jaxen]

Answers...

1). The rejection rate is not that high for H1B applicants. But educational qualification, type of job industry, prrof of experiece and company\'s record have contributed to a few rejections
(2) To be outside US is not a requirement. However, generally if you have been out of status for over 90 days, INS might ask you to go out of US and get a visa stamp(and a new I94) before starting your job.

(3) Not clear whether your inability to remove the "condition" will be construed as fraud intent. Best answered by a lawyer who has done a H1 for a similar case.